Long hours and demanding workloads have long been associated with a career in law. While attitudes towards work/life balance and wellbeing are changing, are firms doing enough to tackle the pressures their people face, and could better recruitment planning be part of the solution?

The legal profession has never been known for its nine-to-five culture. Tight deadlines, demanding clients and periods of intense workloads have long been part of the job, particularly in practice areas where activity can fluctuate significantly.

Of course, much has changed.

More firms now offer flexible working, conversations about mental health are increasingly open, and many employers have taken positive steps to support their people. Yet have these developments led to meaningful changes in workloads and the expectations placed upon legal professionals?

World Mental Health Day on 10 October provided another opportunity to revisit this issue. While awareness and access to support are undoubtedly important, the conversation also needs to consider what is happening during the working day itself.

When longer hours and consistently heavy caseloads become the norm, the consequences extend beyond individual wellbeing. They can also affect recruitment, retention and the longer-term sustainability of legal teams.

For employers, the challenge is not simply recognising when people are struggling. It is understanding what can be done to prevent workloads from reaching that point in the first place.

What the latest LawCare research tells us

In September 2026, legal mental health charity LawCare reflected on the findings of its Life in the Law 2025 research, one year after the report’s publication.

The findings remain concerning. Some 59.1% of respondents reported poor mental wellbeing, while 43.4% said their mental health and wellbeing were very significantly influenced by work.

Perhaps most strikingly, 78.7% reported working beyond their contracted hours, with 8.5% estimating that they worked an additional 21 hours or more each week.

The research also highlighted potential implications for retention. More than half of respondents, 56.2%, could see themselves leaving their current workplace within five years, while 32.1% could see themselves leaving the legal sector altogether within the same period.

It is worth saying that these figures reflect the experiences of those who participated in LawCare’s research, rather than the legal profession as a whole. Nevertheless, they raise important questions about the sustainability of working practices within the sector.

Among LawCare’s recommendations were the need to actively manage workloads, prioritise effective people management, embed flexible working options and evaluate the impact of wellbeing support.

Introducing another employee benefit alone cannot address these challenges. Firms also need to consider how they allocate work, measure performance and resource their teams to meet expectations.

The challenge of the ever-growing caseload

There is an important distinction between a busy legal department and an overstretched one.

A healthy flow of work is naturally desirable for law firms, but pressure can begin to build when new instructions continue to arrive without a corresponding review of capacity.

For fee earners, this may mean managing additional files alongside existing cases, responding to increasingly demanding client expectations or finding that administrative responsibilities consume more of the working day.

In some departments, the challenge is particularly difficult because workloads do not necessarily follow a predictable pattern.

Residential conveyancing is an obvious example. Mortgage rates, affordability, economic confidence and the wider housing market all influence activity. Demand can change considerably over relatively short periods. This leaves firms balancing sufficient capacity against the need to control staffing costs.

When property market conditions change, workloads can follow

Rightmove’s September 2026 figures illustrate how quickly market activity can change. Buyer demand increased by 5% during the opening week of September, compared with an average increase of just 0.4% over the equivalent period during the previous five years.

However, this seasonal improvement came against a more uncertain market backdrop. In its revised September 2026 forecast, Rightmove suggested that average UK asking prices could fall by up to 2% by the end of the year.

Of course, an increase in buyer enquiries does not necessarily lead to an immediate rise in conveyancing instructions. Nevertheless, these figures demonstrate how quickly sentiment and activity can shift. For firms trying to anticipate future workloads, that uncertainty presents a challenge.

Commercial property teams face their own variations in demand as investment confidence, development activity and wider business decisions influence transactional work.

Other practice areas experience similar pressures. Corporate teams can face concentrated periods of deal activity, employment lawyers may see changes in demand as economic conditions shift, while litigation departments must manage the uncertainty of case progression and court timetables.

The question, therefore, is not whether demand will fluctuate, but how firms prepare their people and their recruitment strategies to manage those fluctuations.

The recruitment dilemma: Hire now or wait for greater certainty?

This is where workforce planning becomes particularly important.

For a conveyancing firm emerging from a quieter period, hiring additional staff may feel like a considerable commitment. After all, there is no guarantee that increased activity will continue.

There is a perfectly understandable commercial argument for caution. Recruiting permanent employees carries a cost, and firms need confidence that projected workloads can support additional headcount.

However, the opposite approach carries risks of its own.

If firms wait until every desk is full and existing employees are consistently working beyond their contracted hours, they may find themselves recruiting under considerable pressure.

Firms cannot always find experienced candidates immediately, and recruitment processes take time. New starters will also generally need an induction period before they can contribute at full capacity.

In the meantime, firms may expect existing team members to absorb additional instructions and manage heavier workloads, while maintaining the same standards of client service.

The difficulty is that these employees may begin reconsidering their own career options if the pressure becomes unsustainable.

Making recruitment part of the wider plan

There is no universal solution, and hiring ahead of demand will not be appropriate for every business. However, there is value in regularly reviewing caseloads, assessing the distribution of work across departments and considering how teams could respond to changes in activity.

This might involve developing junior colleagues, strengthening administrative support, reviewing how responsibilities are allocated or considering temporary resourcing arrangements where appropriate.

It is also worth asking whether every pressure point genuinely requires another qualified fee earner, or whether other changes could help alleviate the workload.

The objective should be to make recruitment decisions as part of an ongoing workforce strategy, rather than treating hiring solely as a response to someone leaving or a department reaching capacity.

Flexible working: Greater freedom or longer working days?

Flexible and hybrid working have become important considerations for many legal professionals seeking a better balance between their careers and personal commitments.

However, greater flexibility can also present a challenge when boundaries around working hours become less defined.

Without the traditional separation between office and home, it can be easier for the working day to extend into the evening. Answering an email after dinner, reviewing a file before breakfast or remaining available outside contracted hours can gradually become part of someone’s routine.

There is nothing inherently problematic about choosing to work different hours, particularly when those arrangements genuinely suit an individual’s circumstances.

The concern arises when flexibility becomes another way of accommodating excessive workloads rather than a means of improving work/life balance.

If employees are consistently working longer hours simply to keep on top of their caseloads, the ability to work from home does not necessarily resolve the underlying problem.

This is particularly relevant in a profession where deadlines, client demands and the pressure to keep matters progressing can make it difficult to switch off.

Firms therefore need to consider not only whether they offer flexible arrangements, but how those arrangements operate in practice.

Are expectations around availability clear? Do managers recognise when employees are routinely working beyond their agreed hours? Is the volume of work achievable within the time allocated?

Flexibility can offer considerable benefits, but it should not create an expectation that employees remain available beyond their contracted hours.

What does Clayton Legal’s Salary Survey tell us?

Our own 2026/27 Salary Survey and Market Insights Report provides further insight into the importance of working conditions and the factors influencing career decisions.

When we asked legal professionals who were unlikely to consider moving roles what was keeping them with their current employer, 64% identified good work/life balance.

Working arrangements, including home, flexible and hybrid working, were selected by 56%, while 48% highlighted culture and the working environment.

By comparison, 14% selected their firm’s benefits package.

We also saw an increase in the proportion of respondents citing better work/life balance as their reason for leaving a previous role, rising from 12.6% in the previous survey to 17.5%.

These findings do not suggest that benefits are unimportant. Nor do they measure how effective employers’ wellbeing services are. Instead, they highlight how much the everyday experience of work can influence an employee’s decision to stay

For employers, that distinction is worth considering.

Offering private healthcare, employee assistance programmes, counselling services or other wellbeing benefits can provide valuable support, particularly when employees understand what is available and how to access it confidentially.

However, those benefits cannot necessarily compensate for consistently unrealistic workloads, poor communication or a culture in which employees feel unable to raise concerns.

A meaningful commitment to wellbeing requires both appropriate support when people need it and working practices that help reduce avoidable pressure.

Moving beyond awareness to meaningful support

One of the positive developments across the legal profession is the growing willingness to discuss mental health openly.

In its World Mental Health Day message for 2026, LawCare highlighted the importance of making support accessible in ways that work for different individuals.

Its free, confidential services include a helpline, email support and live online chat, providing an independent source of emotional support for people working across the legal sector.

For law firms, ensuring that employees are aware of independent services such as these is an important starting point.

There is also an opportunity for employers to examine the support available internally. Regular conversations about workload, effective line management, confidential access to professional assistance and a willingness to make practical adjustments can all contribute to a more supportive working environment.

Crucially, employees need to feel confident that raising a concern about stress or workload will be met constructively.

It can be difficult to build that confidence if the wider culture continues to reward excessive hours or treats constantly being busy as evidence of commitment.

There is also a wider consideration for firms reviewing their employee benefits. Is wellbeing support clearly communicated during recruitment and induction? Do employees know how to access it? Is there a genuine commitment to encouraging its use, rather than simply including it within the overall benefits package?

These practical questions can help firms assess whether their commitment to wellbeing translates into a better everyday experience for employees.

Supporting mental health should not be confined to an awareness campaign or an annual event. It needs to be reflected in everyday management decisions and the expectations placed upon employees throughout the year.

Looking ahead: Building teams that can sustain demand

As law firms begin considering their priorities for 2027, there is an opportunity to look beyond immediate recruitment requirements and consider the longer-term resilience of their teams.

That means reviewing whether workloads are sustainable, identifying where additional support may be needed and recognising the potential impact of changing market conditions before they place further pressure on existing employees.

It also means listening to the people already within the business.

Recruitment and retention are closely connected, particularly when employees are making career decisions based on the quality of their working lives rather than remuneration alone.

External market conditions can significantly influence instructions and workloads in areas such as residential conveyancing. Finding the right balance between commercial caution and investment in people will therefore remain particularly important.

There will always be fluctuations in demand, and not every period of increased activity can justify additional permanent headcount. Nevertheless, consistently relying on employees to absorb those fluctuations may create longer-term recruitment and retention challenges of its own.

Ultimately, a commitment to wellbeing should be evident not only in the support firms offer, but in how they plan, recruit and manage their people.

About Clayton Legal

At Clayton Legal, we work with law firms and legal professionals across the property sector, giving us insight into the challenges employers face when balancing recruitment, changing workloads and the need to retain experienced talent.

Whether you’re reviewing the capacity of your existing team, planning ahead for 2027 or considering your own career options, contact me for a confidential conversation about how I can help.

Further support: Anyone working in the legal sector who would like confidential emotional support can contact LawCare on 0800 279 6888 or by email at support@lawcare.org.uk. Its helpline, email and live chat support are available Monday to Friday, 9am to 5pm.