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Photo caption: Dr Emma Clarke’s research is helping identify barriers in the legal workforce, particularly for women.
High staff turnover, long hours and pressure to perform - these challenges have long plagued the legal profession. Now, Te Whare Wānanga o Waitaha | University of Canterbury (UC) graduate Dr Clarke has uncovered how a lack of psychological safety in law firms contributes to stress, poor wellbeing and staff departures, particularly among women.
“I believe my research has helped create awareness and conversations about psychological safety within the legal profession in New Zealand and globally,” says Dr Clarke, who is now based in the Netherlands. “I’ve seen discussions emerge on LinkedIn and through legal podcasts I’ve been part of.”
Her findings have featured in both the Irish Law Society and New Zealand Law Society publications, including LawTalk: Feeling safe to speak up.
Researching the pressures of legal practice
Between 2021 and 2022, Dr Clarke surveyed 89 lawyers and interviewed 35 legal practitioners, including 14 partners, across New Zealand. Her research explored how leadership behaviour influences psychological safety, wellbeing and staff retention in law firms.
Her findings show that formal hierarchies and billable unit systems often hinder open communication. Many lawyers, particularly women, described feeling too unsafe to express concerns or challenge senior figures, fearing career repercussions. Dr Clarke also found that performance metrics tied to billable hours disadvantaged those with caregiving responsibilities, reinforcing gender inequality.
“Lawyers told me they couldn’t ‘be themselves’ at work or admit when they were struggling,” Dr Clarke says. “This lack of psychological safety leads to burnout and, for many women, the decision to leave the profession.”
Stress and poor wellbeing are well-documented across the legal sector and are closely linked to turnover. Dr Clarke’s research highlights how workplace culture, not just workload, drives many departures.
Pathways for change
Dr Clarke’s recommendations include rethinking the billable-units model, developing empathetic leadership, and addressing unconscious gender bias in resource allocation. She suggests law firms consider project-based or subscription pricing models that reward quality, collaboration and innovation rather than hours logged.
“Leaders who foster trust and empathy create teams that are more open, resilient and productive,” she says. “Building psychological safety isn’t easy in high-stakes environments like law, but it’s essential if firms want to retain talent and thrive.”
About the researcher
Dr Clarke completed her PhD in 2024 through a multidisciplinary programme spanning UC’s Schools of Psychology, Business and Law. Her research sought to help organisations, particularly those with formal hierarchies, build psychologically safe workplaces that improve wellbeing and reduce turnover.
