The legal profession's cultural shift: insights from Sarah Carnegie

Sarah Carnegie is not merely another observer of the changes sweeping through the legal profession. With more than two decades dedicated to criminal justice and public policy, this British barrister has built a unique perspective from the highest levels of the international judicial system. From her role as Director of Strategic Policy at the Crown Prosecution Service, and from leading criminal investigations of global significance, Carnegie has been both protagonist and privileged witness to transformations that today define the practice of law globally.

From her current position as Director of the Legal Policy Research Unit at the International Bar Association (IBA), Carnegie finds herself at the epicenter of the most pressing debates facing the profession: the mental health crisis affecting thousands of lawyers, the persistent gender gap in leadership positions, the disruptive impact of artificial intelligence on legal work, and the expectations of new generations seeking life purpose beyond economic prestige. Her current projects span from business and human rights to cybersecurity, collaborating with organizations such as the United Nations, the OECD and the World Bank.

In this exclusive conversation with Lex Latin, Carnegie shares conclusions backed by empirical research from the IBA spanning multiple jurisdictions and offers a practical roadmap for navigating a profession in transformation. Her reflections range from the most effective initiatives for retaining female talent to the values that can make law a purposeful career in a world where technology redefines traditional work. An essential interview for understanding where the legal profession is heading and how Latin American professionals can lead that change.

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Mental health is a truly pressing issue for lawyers. A recent IBA study reveals professional wellbeing as a top concern among lawyers today - hardly surprising given the profession's demands. In your experience, what types of initiatives would be effective in creating a more stimulating environment in law firms and attracting new generations to this profession?

Sarah Carnegie: That's a truly important question. This is revealed by the report you mentioned, which was conducted during the pandemic. Without doubt, the issue is of the highest priority. What we found is that there are two crucial factors for all legal professionals: the desire to have a better work-life balance and the need to feel appropriately supported and supervised.

I believe everything stems from the job satisfaction one can derive from the workplace. If a person feels supported, if they understand the importance of what they're doing, if they feel they can speak up and truly trust they'll be heard, and if they're given a certain degree of autonomy, but always with guidance, that person will feel they work in a psychologically safe environment.

Those would be my immediate recommendations: ensure appropriate and motivating supervision and ensure work-life balance. In other words, that lawyers feel they're being treated as individuals and not merely as a cog in the machine.

It is, of course, a leadership challenge: we need leaders who prioritise people's wellbeing; who understand that it's not healthy to preserve the traditional demands regarding the hours one must dedicate to work. That is to say, the time has come to question the billable hours model, or at least to structure it with greater sense and consideration for each professional's personal life.

Another pressing priority for firms is how to close the gender gap, which not only persists but, in regions like Latin America, remains very pronounced, despite undeniable progress in this area. The paradox is that today we see many more women in associate roles, and in law schools the percentage of women tends to be higher than men, yet leadership roles remain predominantly in male hands. What are the most effective interventions in practice to close this gap?

S.C: It's a truly important challenge. A challenge that begins with understanding that we live in a different era. It sounds obvious, but some haven't internalized it. It's like saying "since I used to do things on paper before computers arrived, I'll keep doing them on paper". Things have changed forever, and for law firms, talent management can no longer be an accessory rather than a strategic factor. Part of what has concerned our team over the years is seeing how much law firms prioritise business and profitability over people. Times have changed: today, people must be firms' greatest asset.

At the IBA, we've conducted studies analyzing 12 jurisdictions, including Mexico, Brazil and Chile. Indeed, there's a higher percentage of women entering at lower levels. Why aren't there as many women at higher levels? It's heavily influenced by the fact that the moment for promotion coincides with when we decide whether to have children or not. At a time when we must also face frequent health issues: menopause, for example, affects wellbeing among women aged between 45 and 60.

The most effective approach, therefore, is for each firm to offer women flexible working programmes. This has been proven to attract and retain female talent and create a more meritocratic environment where promotion opportunities are available to all. The other highly effective factor is an adequate coaching and mentoring process.

In this regard, it's interesting to note that, amid the whirlwind of changes in the profession, we're experiencing a sort of mentoring crisis, partly because hybrid or virtual working models prevent in many ways the conditions that foster the transmission of knowledge and experience. But for many young lawyers, there's no turning back. Added to this is the fact that in Latin America, the coaching process, in many cases, excludes women.

S.C.: I agree, it's a problem with historical roots. It hasn't been my case because, as a criminal lawyer, I worked for many years in courts and then in government, sectors that have very good female representation. I know that in the corporate sphere things can be different.

What makes my field more equitable is that mentoring doesn't happen whilst playing golf or in bars, which are more pronounced habits in private law. I also work in a field that has much better work-life balance. But then again, the pay doesn't compare. Often, in the private sector everything comes down to money. Large law firms want to maximize profits and will push people to the limit; the question is whether the demands match the support they receive.

Bar associations need to create female mentoring communities to foster inclusivity. Some of these organizations—the bar associations in Mexico, for example, where two of the three major associations are headed by women—are really trying to encourage women to be supported and gain more opportunities.

Above all, it's about enabling women to support other women, and for men to be allies in that process.

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You've mentioned the economic aspect, one of the main reasons many join law firms and work 80 hours or more per week. But an interesting phenomenon occurring now is that new generations have different expectations and priorities. It's not that money isn't important, but it's not enough. How can people with different perspectives fit into traditional law firms?

S.C: Money was perhaps the great pretext for people to pursue private law. But what's emerging with increasing force is the recognition that, alongside money, lawyers must feel a sense of purpose in what they do. They must know that what they do has real impact. That they're not just contributing to making the rich richer. That they work with companies that have a positive social and environmental footprint. For younger people, these issues are crucial.

Both the youngest and most experienced must adapt to thinking beyond national jurisdictions. They need to know what to expect and what to do when working with companies from various countries, beyond the jurisdiction they're accustomed to. International standards contribute to a greater sense of purpose in the profession. For example, the European Union law on human rights due diligence impacts companies in the Global South, and Latin American companies with supply chains abroad.

There are ways to make law remain attractive and challenging for new generations. For example, the roles lawyers play in ensuring compliance with the Sustainable Development Goals, or the UN Guiding Principles on Business and Human Rights, are very interesting. These are principles aligned with their own values as people, as members of a younger generation that wants to protect the climate and eliminate modern slavery. What's the role of firms in attracting them? Sharing their same values.

And here comes the inevitable question, the one that has no answer beyond speculation: what will happen to lawyers' work in the future, especially the work of associates, threatened by the implementation of AI, which does many things more quickly and economically (even if it's not always reliable)?

S.C: Yes, no one has the answer. The IBA has been involved in a process examining the impact of AI and what that might mean for staff, billable hours and the profession in general.

Some do believe there will be less work for younger lawyers, replaced by machines and AI platforms. But at the top it's clear that AI doesn't always have the necessary answers: the human factor is required to work with clients, build relationships of trust and verify that what the machine produces is accurate and rigorous. We're not yet in some sort of employment apocalypse, and I don't think we'll reach that point. Perhaps there will be an inevitable reduction of work in various areas, and the only option would be to retrain people in other areas with demand.

In that sense, what skills will be essential to successfully navigate a future full of uncertainty? What do you recommend to young women who would like to have a similar career path to yours?

S.C: Everything begins with being true to oneself and feeling an unquenchable passion for what one does. You can't expect everything to be exciting: there will be boring parts and difficult challenges in every job. But loyalty to your ethical convictions is what matters most.

You must be very demanding when evaluating whom you're going to work with. If you want to work in a firm, it's essential to know from the outset what type of clients that firm works with and do your own research, your own due diligence, to know whether your workplace has the same ethical standards as you, whether it shares your life purpose. As a criminal lawyer, you inevitably reach certain ethical crossroads. The classic example is when you must decide whether to represent certain types of people. The question we're always asked is: how can you represent someone you know is guilty? It's difficult for many people to accept that, in a state governed by the rule of law, even the guiltiest person deserves appropriate and competent legal counsel.

As lawyers, whether criminal or corporate, we have the challenge of ensuring that the rule of law is preserved in all cases. Law has great value in our society. So does the practice of law in an intelligent way, which goes beyond applying the law in a rigid and literal manner, as if it were something that admits no nuance. The law doesn't come in black and white. There's always room to understand how you can interpret the law whilst minimizing both harm to your clients and damage to general welfare. It's an enormous privilege and a great responsibility. Behind the law stand all democracies that can pride themselves on being functional. Lawyers are at the heart of democracy.

Regardless of which branch of law most attracts each person, it's necessary to recognize that responsibility and take a sort of Hippocratic oath. Lawyers too must do no harm. We must do everything in our power to ensure that the results of our work have a positive impact. If this is the north to which your compass points, you'll have a career full of purpose and many satisfactions.