The Law Society of Kenya (LSK) provides Kenyan lawyers with resources to support their careers and ensure professionalism within the legal field. One unique advantage members of the Kenyan Bar enjoy is access to the welfare resources under the Advocates Benevolent Association (ABA).
So, what prompted the LSK to go beyond benefits like professional networking and continuous education by instituting a body to cater for advocates’ welfare. How does the legal profession impact welfare, and how can young lawyers take advantage of the ABA’s resources/benefits to enjoy holistic growth?
We spoke to Byron Menezes, Chairperson of the ABA, about the occupational hazards that could be an impediment to an advocate’s welfare. Draw from Mr Menezes on welfare issues, including a highlight of the ABA’s strategies to address welfare-related challenges.
Why Does Welfare Matter To Young Lawyers?
Mr. Byron Menezes is himself considered a young lawyer. He served on the Young Lawyers Committee in the Law Society of Kenya before joining the ABA. Therefore, his experiences as a young and up-and-coming lawyer, especially the challenges that he experienced, are fresh in his mind.
“One thing we don’t tell young lawyers in law school, at KSL, and even when they get admitted to the bar is just how toxic this profession is.” Mr. Menezes clarifies that the toxicity element does not necessarily arise from the employer/ work environment but from the job itself.
“If you look at simple instances, say you work at a bank, and you get auction orders, and there’s a family living in that house, there’s definitely an emotional element to carrying out that execution. Also, say you practice criminal law and a judge allocates you a defilement, robbery with violence, or murder case. You must read the files and internalize that information, which may include photos and videos.”
Besides the emotional toll exposure to trauma takes on young lawyers, Mr Menezes also highlights the pressure to meet deadlines. He notes that the spillover from all these different levels of pressure is compromised welfare characterized by little to no time for rest. Rest in this context covers personal downtime, family time, and rejuvenating activities like hobbies. Essentially, the difficulty of the job compromises your mental health and, in some cases, even your physical health.
Mr. Menezes practiced law before, during, and after COVID-19. He acknowledges that the threat to welfare is much higher among the lawyers joining the profession post-COVID due to reduced physical engagement.
“I was lucky enough to have one year of physical and open court from 2019-2020. When we got stuck while on the benches in the court, you could turn to your colleague and tell them, “I don’t know how to file this application; where do I start?…” Whether it was inside or outside the court, we engaged in conversation, probably went for tea or lunch and made friends in the courts where we sat.”
He adds that the camaraderie at the courts extended beyond specific cities and towns. “We also used to travel for court and made friends in other towns/counties with the new colleagues we met in those areas. Therefore, one could call anyone and seek mentorship or just have conversations about opportunities in their area code, including social and relaxation activities.”
“Now we just sit in our offices, log into court, and deal with our issues while sitting in a square little box. Our area of engagement is limited to the law firms you engage with, the lawyers you meet at awards/ social events, and the colleagues you may meet after work.”
According to Byron Menezes, one of the disadvantages of the digital transition is that young lawyers have lost that element of engagement. He highlights that mentorship or career development is a crucial welfare element. Therefore, he calls upon senior lawyers to establish ways and channels to connect and enhance the mentorship of young lawyers.
The decline in in-person engagements within the profession means that the most prevalent form of engagement for young lawyers is through social media platforms. Unfortunately, such platforms, more often than not, project overly glamorized living standards that put unnecessary pressure on young professionals.
“Social media’s impact is so deep that young lawyers often bend to the pressure to conform to a certain level of success without considering how those flaunting these affluent lifestyles got there.” He highlights the epidemic of young professionals living beyond their means while struggling with loans.
Also, the social pressure on legal professionals to maintain a certain lifestyle extends beyond social media. Moreover, social pressure from family members and the community at large is a challenge most advocates grapple with regardless of years in practice.
One of the stereotypes about advocates is that they make a lot of money. “There’s the expectation that you must contribute to every fundraiser/ harambee they ask for (church building, choir uniforms, somebody’s school fees, funerals). Therefore, the financial strain on advocates is enormous, and these are challenges that people never open up about.”
While the ABA is yet to consolidate welfare data from the Kenyan legal space (one of its prospective projects), Mr. Menezes quotes global statistics highlighting that one in three lawyers suffer from mental health issues.
While welfare is a collective effort for all legal professionals, the ABA’s contribution to welfare includes unearthing the conversations often swept under the rug, including the ones highlighted above, through webinars. For starters, the association’s activity calendar includes an upcoming webinar on loneliness during Christmas(watch their pages to ensure you don’t miss that conversation). As it turns out, some lawyers avoid going home during Christmas breaks because they cannot afford to meet or fund family expectations and projects.
Bottom Line:
Driving conversations around welfare is but one of the ABA’s proactive strategies toward ensuring that young lawyers understand their environment, including elements that could spiral into a welfare crisis. Besides this, the ABA has programs in partnerships with key players in the welfare sector to cushion members against welfare crises. If you missed our piece on the ABA’s benefits for advocates, you can read about them here.
