This article is my personal view about the extent to which employers are responsible for the mental health of their employees. For the moment, I shall disregard mental health conditions like chronic depression, and focus on mental health topics that arise in the workplace.
As automation of work processes is becoming more prevalent in many organisations, I have found that some managers seem to disregard the fact that, at least in our profession, the people dealing with clients are the face of a firm, and that clients may appreciate human interaction rather than a standard email sent by an automated system.
The basic human needs of these client-facing employees are the same as they were 50 years ago, as we have not evolved (or rather declined) into work robots that mechanically fulfil a set range of functions. As such, employees across all levels of an organisation require mentoring, guidance, praise and reprimanding when necessary, and in an appropriate manner. Whereas “employee satisfaction surveys” may yield some honest responses, they are no substitute for human interaction with an empathetic and fair manager to find out how employees really feel about their working environment.
Why care about employees’ mental health?
Surely employees should be grateful for having a job in the first place and just keep their heads down and work… said someone in the Middle Ages who did not realise that good mental health and work satisfaction of employees actually benefit an organisation.
Some of the results of having unhappy employees, excluding those personality types who someone manage to find a fly in every glass of good Chardonnay, are:
- High staff turnover
- Not willing to go the extra mile for the client, the firm, or their co-workers
- Not wanting to work as part a team, as there is no feeling of "togetherness"
- Toxic work environments leading to loss of focus and decreased productivity/ quality of work.
What can we, as leaders, do to create a healthy working environment?
Speaking from personal experience, as a first step, people in leadership roles need to work at putting some basic conditions in place and these will vary greatly depending on the particular culture and structure of your firm. For me, these include:
- Not overworking employees, especially not those who are the most competent and engaged. If you want something done, give it to the busiest person - JUST NO! Rather have that person train and manage others ,so that their skills are passed on and multiplied.
- Have the option of flexible working hours (i.e. only having to be present at the office during core working hours) and working remotely one or two days a week for those employees who want it and benefit from it. Of course, this needs to be monitored so as not to be taken advantage of.
- Allow study leave (we allow 15 days per annum in addition to annual leave), to encourage further education. We also pay for the studies in full as long these will benefit the firm in some way.
- Don’t expect employees who are attending workshops, conferences, etc. to simultaneously clock 8 hours of work during that time. This severely impacts someone’s desire to go out and market a firm.
- Normalise an 8-hour working day and not working over weekends and during holidays, unless it truly is an urgent matter that needs to be taken care of. Just because someone works long hours, does not mean they are getting a lot done. People work at different paces and managers need to be cognisant of that when distributing work. If employees are consistently working 12-hour days and weekends, you have failed as a manager.
- Don't hand an employee a difficult task and then abandon them to figure it out for themselves. Always have an open door and assist if there are work-related problems they are struggling with.
- We changed our working hours on a Friday from 0800 to 1430 well over a decade ago and this has kept employees productive right until the end of their Friday, rather than procrastinating for a few hours while waiting for the weekend to roll on at 1630. In addition, each employee below associate level is permitted to take one half day per month off, to attend to personal errands such as banking and doctor’s appointments.
- At associate level, do not encourage and/or reward “empire building” within a firm which stems from an employee wanting to outshine the rest at any cost. Not only does this create an unhealthy working environment but it may result in below par service to clients, due to efforts of other employees being torpedoed by such associates. In fact, such behaviour needs to be sanctioned.
What if things go wrong - how do I know?
There is an abundance of literature which lists signs that all is not right in someone’s world, and these signs are really just applying common sense:
- Weight loss/gain
- Irritability
- Mood swings/ change in personality
- Withdrawing from social interactions at the office
- Insomnia
- Decline in appearance/ personal hygiene.
Recognising these signs is the responsibility of a leader.
This requires regular interaction with employees and, if a difficult conversation needs to be had, be brave and just do it! "I've noticed that you have been under a lot of stress lately. Are you OK? Is there anything we can do to ease your burden?"
This conversation should be carefully timed and held in private in an empathetic manner. It should not be seen as part of a "to do" list for the day that is quickly rushed through to get it over and done with. Some employees will open up, others will not. Some employees will open up to other employees, who in turn will bring a potential problem to the attention of a manager they trust. Always have an open ear when such a conversation arises.
In the end…
Being able to identify signs of stress in oneself both as a manager and an employee is vital. Above all, employees need to feel safe enough to ask for help in a work context without fear of being overlooked for a promotion, or ridiculed/not taken seriously. Asking for help is one of the bravest and hardest things anyone can do, and when you are the person being asked, know that you have a responsibility not only to listen but to act.
FICPI’s view
FICPI uniquely combines education and advocacy on topics around patents and trade marks, with a focus on developing the professional excellence of its individual members. FICPI is aware of the stresses and strains that come with being an IP attorney or being a partner in an IP firm and regularly invites speakers and blogs on this topic. FICPI Forums, Congress, committees and meetings are opportunities to gather insights from the international IP attorney community on any issue, whether it be practice-related or topics of patent and trade mark law.
Next steps
Hear Claudia at the 2025 FICPI World Congress in Naples, where she’s moderating the Practice Management Session: IPPM 2 // Stress less, succeed more, on Wednesday 15 October 2025. She will discuss the unique pressures faced by IP attorneys and their impact on mental health.
Claudia will be joined by speakers: Thom Dyke, of Deka Chambers in the UK; Lisha Harilal of Club Advocates in South Africa; and Swarup Kumar, FICPI Deputy Secretary General and of Kumar & Sardana Associates in India.
This session was an initiative of our Practice Management Committee, to get involved contact President, Anne Lévy, on [email protected] or click to find out more.
This blog is published today (6 October 2025) as one of our articles marking World Mental Health Day 2025.
Our World Mental Health Day collection is led by our DEIA committee, If you are interested in getting involved with its work, contact President Sharon Crane on [email protected] or click to find out more.