I started my career with the Law Society of Saskatchewan as Complaints Counsel almost 15 years ago. It was a role I only held for a couple of years, but the experience stuck with me. It was difficult for me to recommend disciplinary action against a lawyer who was clearly struggling with a mental health issue – even if they wouldn’t admit it. I wondered if fining or suspending a lawyer was actually in the best interests of the public if the underlying issue wasn’t addressed. It certainly wasn’t ensuring a healthy profession. I was left asking “Where is the tenderness?”.

That job wore me down but it has been satisfying to watch the changes to the self-regulation of lawyers since then. There is now more of a coaching rather than policing aspect to regulation. There’s also a greater focus on destigmatizing mental health issues that plague the profession.

The Health Recovery Program from the Law Society of Manitoba is a terrific example of this shift. The new program offers “an alternative to the disciplinary process by providing members with comprehensive healthcare options to support them in the safe practice of law”. It focuses on support, rehabilitation and recovery by providing treatment if a lawyer’s conduct or competency issues are linked to health conditions, such as addiction, depression, or other mental health issues.

Our regulators still have a long road ahead to achieving a healthy profession and I’ll be interested to see the results of this program. And looking forward to new developments in the more ‘tender’ world of self regulation.