Statistically, lawyers are among the hardest hit by depression and mental illness. Anxiety is rife.​ One in three will have some form of psychological distress.

It is why the Tristan Jepson Memorial Foundation exists. If you don't know about TJMF, ask your employer: why not?

The not-for-profit organisation is dedicated to making workplaces healthy and helping struggling lawyers. Struggling but brilliant lawyers like its namesake Tristan Jepson, who took his own life in 2004. His parents Marie and George Jepson have spent the past decade building it to the influential organisation it is today; so influential, the Federal Court pre-empts its annual event featuring a keynote speaker, an eager host in search of a date to slot into the diary.

Prominent speakers have included High Court judge Virginia Bell, Victorian County Court judge Felicity Hampel, Tasmanian Supreme Court judge David Porter and Lifeline chairman and former politician John Brogden.

TJMF board member Melinda Upton: the profession needs to take better care of lawyers. Christopher Pearce

Last year, NSW Local Court magistrate David Heilpern gave a deeply moving speech. His story is heavy in the vicarious trauma that comes with sitting on disturbing criminal matters, but core elements resonate with many lawyers: he rarely had a sick day, his head hurt ("just like Winnie the Pooh") when making decisions in court, his sleep was poor and he "stubbornly refused" the insistence of family and friends that he take a break and seek help.

"I kept thinking what a wuss I was," he said.

"I saw victims work their way out of psychiatric care and through university with flying colours ... I was thinking that my reactions were just so much 'weak little me me me'."


He didn't want to be seen as "whining about the job" - applying justice was an extraordinary privilege, he said. He simply wanted to give his personal experience and help lift the veil over judicial officers, to allow them to "admit to difficulties, access help and better serve the community".

McCabes' Lawyers principal Terry McCabe promotes the staff retention benefits of healthy workplaces. Jessica Hromas

His speech, detailing the intense and often trauma-ridden workload of magistrates, makes for hard reading after the respected and adored Victorian magistrate Stephen Myall tragically took his own life last month.

Founders' contribution 'outstanding'

Queensland Magistrates Court, north of Heilpern's territory, is among more than 200 signatories to TJMF's landmark guidelines on creating healthy workplaces, released in 2014. Only two other courts are members - the Supreme Court of Victoria and the Federal Court.

Other members include universities, bar associations, community legal centres and law firms (all of the nation's largest are on board, with the exception of a conspicuous two).

The 13 detailed workplace factors forming the guidelines encourage real effort to create safe and healthy environments - like building trust, having a process to intervene if staff look distressed, communicating effectively and giving feedback.

Former Squires managing partner in Australia, John Poulsen, has long promoted wellbeing to boost the bottom line. Cassandra Hannagan


Those close to TJMF are not surprised to find the tireless, impassioned efforts of Marie have left her exhausted.

And so, comes the news element: Marie and George will hand leadership to the board. Chairman Alan Cameron, AO, the former ASIC chief now chairs the nation's property exchange system PEXA and the NSW Law Reform Commission, is stepping down too.

For the board – Federal Court judge Anna Katzmann, Australian Bar Association CEO Cindy Penrose, Canon Australia's chief legal counsel (and incidentally, incredible photographer) David Field, Swaab Attorneys managing partner Mary Digiglio, DLA Piper Australia co-managing partner Melinda Upton, Westmead Hospital associate professor of psychiatry Greg de Moore, Ashurst senior associate Thomas Gaffney and NSW DPP senior solicitor Thomas Spohr – it is a chance to refresh leadership after the "outstanding contribution" of its founders.

They must now decide who, from an impressive pool of external candidates including judges and chief lawyers of large corporates, will lead the charge in its next phase.

Penrose says TJMF and "significant positive change across the legal community" have helped elevate issues of psychological wellbeing.

Where once euphemisms were deployed and uncomfortable topics avoided, people are talking. Just two months' ago, leading tax lawyer PwC partner Judy Sullivan courageously spoke to BOSS about overcoming her own battle.

In job interviews, would-be graduates are asking about policies.

This month Victoria's magistrates, still reeling from the death of Myall, were granted four days leave each year for counselling.


Across the profession, implementation is starting to replace lip service; but in many ways the movement is still young.

For every passionate warrior - like McCabes' principal Terry McCabe and former Squire Patton Boggs managing partner in Australia John Poulsen - there is a naysayer.

Which is why TJMF is careful to frame its guidelines, not as a mental health program, but "simply good management".

As the TJMF puts it: healthy people "are more productive, make fewer errors, engage in less bullying" and reduce costs - not just claims (an estimated $480 million in compensation each year is paid out for work-related mental disorders to all, not just lawyers), but also via less turnover.

Need to improve

DLA Piper Australia co-managing partner and TJMF board member Melinda Upton says the profession has to get better at looking after its people.

"The reality is the profession has gone and continues to go through a lot of change, and the demands are increasing in terms of servicing our clients. This is not an issue that is going away."

The firm has just finished a program crafted with the help of a psychologist, to equip partners and senior associates to navigate mental health and wellbeing. A toolkit will roll out to all staff.


"It can only happen when your senior management and leadership engage, and that's why I'm confident we won't lose this battle," says Upton.

Having clients "join the conversation" is critical. Upton reckons they are.

Yoga, time management courses and networking groups are part of the mix too.

Matt Stutsel's wife Elizabeth Rusiti - a former lawyer herself - still hears persistent tales of stress from friends who remain in the profession.

But the fact the conversation is still going, she says, gives her hope.

"And young people will probably have expectations - they are demanding more, and time hopefully will bring about change."

Rusiti wants to see more active mentoring programs to force lawyers to look out for one another, and encourages lawyers to do the deceptively simple: actively take care of their mental health as they would their physical.

What is particularly tragic about Matt's story is that he had survived an earlier attempt at suicide and became a vocal advocate.


In a 2010 interview with this paper's then-Legal Affairs Editor James Eyers he gave an achingly honest insight. Two years' later, he appeared on TJMF's annual panel, arguing for the need to build resilience and equip people to help themselves. The realities of life as a lawyer made it so.

As Rusiti put it, he was the "poster boy" for surviving. In heart-wrenching irony, it became another form of devastating perfectionism: becoming "the perfect survivor".

Up to his final day, Matt was talking about mental health and checking on colleagues.

The cautionary tale, a close friend of his says, is the constant need to take care and reflect on your underlying condition.

We are listening

Typing Matt's name into the email 'search' box, old correspondence unfurls, frozen in time, revealing a thoughtful, generous, intelligent man who often ended emails with a smiley face.

"I'm thinking of writing an opinion piece," he wrote in December, 2012.

"The starting point would be that the US war of independence was started over the payment of stamp duty!"


What the emails don't reveal, is something that still torments those who remember him.

Those talented lawyers lost to the profession, and the world, showcase the most tragic outcome. But there are many who suffer across a wide spectrum.

It's a hard, relentless, competitive, sometimes thankless environment.

An environment that is also endlessly interesting to observe and write about.

This is the final Hearsay column from your correspondent. In the great contest of life, a couple of little people and the search for wellbeing have out-manouevred this fabulous legal round, winning by a Peter Rabbit whisker.

Apologies it is light on scandal and rumour. It seemed as opportune a time as any to say to our legal audience: be kind, to others, and to yourselves.

Watch this space for the next person lucky enough to have your ears and eyes. We care, we are listening.

Lawyers. You're all right, you know.

Lifeline 13 11 14

beyondblue 1300 224 636