A good workplace culture is not just a nice to have once everything else is working. This message was not only delivered in the dedicated session at Miller’s 2024 Legal Risk & Compliance Conference; it resonated across the topics discussed, receiving particular reinforcement from the insurers present.
Organisational culture is an area of increasing focus from a number of insurers, in fact - particularly those insurers who take the time to engage more proactively with their clients.
Even the SRA is getting in on the act, with a new regulatory objective, to ‘treat colleagues fairly’ and an active requirement for managers to challenge behaviours that do not meet that standard. Where in the past this might have been dismissed as the territory of ‘fluffy bunnies and cuddly teddy-bears’, the mood music of delegates reflected the growing understanding that this is good hard-headed business.
It is no coincidence that Travelers have invested in a post-claim wellbeing service for their client firms, and insurers such as QBE have developed Risk Culture assessments. Recognising that claims have deep personal impact for the professionals involved is an important step in creating a supportive, open culture where positive learning is fostered rather than blame.
What is ‘wellbeing’?
It is not just about hours worked – there was consensus from speakers Alicia Alinia (COO at Pogust Goodhead) and Emma Williams (Director of European Risk & Compliance for Simpson Thacher & Bartlett LLP and Trustee of LawCare) that this is a narrow and simplistic view. With representation in the conference-room from small firms to large-scale American firms, typically known for their ‘work hard, play hard’ culture, there was a sense that business needs sometimes require long hours, and that some people thrive on that – as long as people know what they are signing up for, and are in an environment that is supportive and recognises their wider needs.
Key messages emerging from the session? Building a positive and supportive culture reduces risk. People are more likely to engage with each other and ask for help. The openness generated also means that, if errors do occur, they are more likely to be flagged early – in many cases before they have a chance to escalate in severity.
Practical takeaways
Real wellbeing requires:
- Organisational culture ‘like a stick of rock’ - wherever you slice it, the messaging runs through it. Senior Management must live and breathe it, and that must equally be embedded in the departmental and team leadership across your firm.
- The ‘no blame’ culture must be real. ‘Fish files’ (ones that are hidden to try to avoid the stench) flourish where people (inadvertently or otherwise) sense that they will not be supported if they admit to an error. This messaging is multi-faceted and often subliminal.
- A sense of psychological safety is imperative for the no blame culture to work, and also to develop the best organisation. If people know that they have support, can be themselves, and can speak out – your business will benefit from openness, identification of innovative ideas and latent problems with work processes that may have been introduced.
- Appoint people managers with care, and appraise them on their people skills. Ensure that they have the time to give time to the people they manage. ‘Culture is about more than ‘giving people toys’ was an important theme that emerged.
- Provide useful and meaningful training, relevant to the needs of the individual and the firm - and encourage people to attend.
Further information
To read more about the SRA’s and insurers’ interest in a firm’s culture and approach to wellbeing, read our recent article
LawCare is the mental health charity of the legal sector. They provide free and confidential emotional support for anyone struggling with the pressures of a career in the law. They also offer training, resources and research that promotes positive change in the culture and practices of legal workplaces.