Importance of health, wellbeing and nutrition when it comes to solicitors managing risk and avoiding PII claims

Interview with GiCa Nutritional Therapy

Health and wellbeing are significant issues when it comes to solicitors’ PII. Underwriters are becoming increasingly aware of the link between claims and the health and wellbeing of individuals working within law firms.

When people are unwell, stressed or just tired, mistakes can happen. While a claim might present as a practice-related issue such as a missed time limit or failure to properly advise a client, if you delve a little deeper you often find a fee earner who is unwell, stressed or struggling to cope. 

Fortunately, more and more law firms are starting to take this issue seriously and are focusing on initiatives to promote health and wellbeing within their firms. Underwriters are interested in this whole area, and it is useful to highlight what your firm is doing in any supplementary information you provide alongside your PII proposal form.  

When planning a recent event for women in the legal sector we came across a former corporate lawyer now operating as a nutritional therapist - Gill Grassie of GiCa Nutritional Therapy. Intrigued as to why Gill had made such a radical career change, and interested as to what she might be able to contribute to our event, we engaged in an initial discussion.  We were fascinated to learn just how key nutrition is to health and wellbeing. We were already aware of many health and wellness initiatives in law firms, but these typically focus on encouraging lifestyle changes such as mindfulness, helplines, and menopause championing, as opposed to nutrition. Subsequently Gill came our event and gave an inspiring talk on nutrition and wellness in the workplace.

At Howden we want to help our clients to mitigate the risks of PII claims and this area of nutrition could be a low-lying fruit (apologies for the analogy) and so we are keen to draw attention to it.

Gill is very aware of the challenges of legal practice and the adverse impact of busy professionals “not eating properly.” She has lots of ideas as to how this might be addressed, and we encourage you to share our discussion with Gill on this very important subject within your firm.

Interview with Gill Grassie of GiCa Nutritional Therapy

Howden: Why is nutrition so important when it comes to health and wellbeing for busy professional people?

Gill: Professionals today are under more pressure than ever before. It is a 24-hour culture in which clients expect instantaneous answers to what can be an overwhelming number of emails or texts. Added to that is the inevitable exposure to social media. Also, professionals are often burdened with many home-based tasks, and may have young families and/or be part-time carers. Time is at a premium and indeed research shows that the most frequent reason cited for not eating healthily is a lack of time. 

This and ‘eating on the go’ are also cited as common reasons for eating too quickly and choosing convenience foods that generally include less fruit and vegetables and contain more additives. 

More importantly and ironically, the very time that we really need good nutrition is when we have too much going on. Firstly, we need more energy which is sustained, as opposed to short term, and food is of course our fuel. Secondly, being under stress uses up more of our nutrients than when we are calm and relaxed. Stress is also insidious, causing longer term wear and tear to our bodies and brains and promoting harmful inflammation.

Ultimately a poor diet will catch up with us and my favourite quote ‘Those who think they have no time for healthy eating, will sooner or later have to find time for illness’ sums it up succinctly.

You can only try to maximise your productivity without prioritising your nutrition for so long, as I found out to my cost.

Howden: What prompted your career shift from being commercial lawyer in a top law firm to nutritional therapy?

Gill: One of the main reasons was the realisation that my health was at risk due to my lifestyle and, in particular, my eating habits. I was working all hours in all time zones and constantly under a lot of stress. I was eating a lot of comfort foods as well as drinking too much coffee and alcohol. I had numerous gut issues and was falling victim to many more bugs than before and taking longer to recover.

And it wasn’t just my health that I worried about. It was a real fear that I was burning out and would make a mistake and be on the receiving end of a client complaint or, worse still, litigation. I had seen this happen to one of the most intelligent lawyers in my firm and I did not want that to be me.

So, I resigned my position as a partner in a commercial law firm in 2018 to retrain as a Nutritional Therapist after a successful career in contentious IP for over 20 years. I had always realised that food was important and, despite my bad habits, have always been a ‘foodie’. Also, I was aware that I was far from alone in neglecting my health in this way and wanted to learn if I could use diet to change my health issues. This could then open the door to offering other professionals help to avoid burnout and improve their wellness, ultimately mitigating their risks of chronic illness.

Howden: How could nutrition status possibly be relevant to PI claims?

Gill: Clearly poor nutrition is not on the list of common reasons for PI claims, but it can be an underlying or indirect cause of these. For example, a failure in judgement, missing a time limit, or not recognising a conflict of interest.

This is because poor nutrition can greatly contribute to higher levels of stress, burnout, illness, mental health issues, fatigue, low energy and brain fog or inability to concentrate. All of these can create the ideal conditions for making simple mistakes, especially when an employee is under time pressure, e.g. forgetting to diarise a deadline, never mind just getting the advice itself wrong.  

Howden: Do you have any evidence for this link?

Gill: Nutrition is one of the 3 key pillars of health, along with sleep and exercise and these are all interconnected. Importantly, science shows clear links between dietary habits and cognitive functions. These include memory, productivity and mental clarity. 

This makes sense when we now know that there is a gut-brain axis where there is bidirectional communication between the two organs.

The gastrointestinal tract (our gut) contains over 100 million nerve cells and, not surprisingly, is often referred to as the "second brain". This extensive network of neurons and their intricate functionality underscore its significant role beyond just digestion. The gut-brain axis facilitates two-way communication between the gut and brain, and is influenced heavily by the gut microbiota. This complex system affects digestion, immunity, mood, and behaviour, highlighting the profound impact of the gastrointestinal tract on overall health.

The terms ‘gut instinct’, ‘butterflies in the gut’ or ‘go with your gut’ make sense, as signals from the gut are part of our physiological stress response. This area of neurogastroenterology is still in its infancy but, so far, we know that a big part of our emotions is probably influenced by the nerves in our gut and that digestive-system activity may affect thinking skills and memory too. 

Thus, encouraging a balanced and healthful diet in the workplace can have extensive benefits. In particular, it can lead to improved mental wellbeing and contribute to a more vibrant, active and productive workforce, ultimately decreasing the risks of PI claims.

Howden: What are the most important messages you want to communicate to law firms?

Gill: Just as a car requires high-quality fuel and regular maintenance to run smoothly and efficiently, law firm professionals need proper nutrition to function at their best. When the engine is well maintained, the car runs reliably and performs at its peak, just as well-nourished employees are more productive, focused and less prone to errors.

Given that 58% of the world’s population will spend one third of their time at work during their adult life, it is a prime environment to educate employees on nutrition and lifestyle. 

As such, law firms would do well to consider engaging with Registered Nutritionists to introduce initiatives and education around nutrition for the benefit of everyone in the firm. 

Howden: If people wanted to start by just changing one thing when it comes to nutrition, what are your suggestions as to what that could be?

Gill: As with many lifestyle questions, there’s no single, right answer - it all depends on you, your existing habits and the changes you’d like to make.
Small, daily changes introduced gradually are more likely to work longer term as opposed to one week of 100% change before falling off the wagon. If we can change just one thing, as the wonderful Dr Michael Mosely used to say, it will motivate us to change more, particularly if we feel a benefit. 

Some examples are:

• In the UK 25% of average daily calories come from snacks and most of them are ultra processed, full of unhealthy fats, refined sugar and lacking in fibre. Try swapping out one unhealthy snack option for a healthy one. For example, eat dark chocolate (85% + if possible) rather than milk chocolate as it includes more cacao, which means more flavonoids as antioxidants and less added sugar. 

• Eat mixed unprocessed nuts or air popped popcorn instead of a bag of crisps. Nuts are full of fibre, vitamins and minerals and can reduce inflammation. They also help blood sugar control which keeps energy levels constant. Air-popped popcorn is a whole grain and low in calories. It also provides fibre without the unhealthy fats and excessive salt found in potato chips.

• Add in one different vegetable or fruit variety a day moving towards a ‘rainbow diet’ (with all the colours of the rainbow). A rainbow diet provides a wide range of vitamins, minerals and antioxidants, which support overall health, boost immunity and reduce inflammation. Additionally, diverse plant foods can enhance gut health by promoting a varied and robust microbial community, which is essential for optimal digestion, nutrient absorption and overall health.

• Adding in 2-3 portions of pulses a week helps us live longer as well as reducing our risk of developing type 2 diabetes, cardiovascular disease and bowel cancer. 

Howden: What pointers can you give regarding habits around food?

Gill: Think like a professional and apply logic to change mindset around time. Employ good time management; e.g. spend less time on social media and give yourself more time to plan and cook.

Cook at least one home meal a week from scratch using whole foods. As I mentioned, lack of time and ‘eating on the go’ are given as common reasons for eating fast and convenience foods are related to lower fruit and vegetable consumption. But in reality, selecting good nutritious foods does not take any longer than choosing high calorie foods that are full of fats and sugars and preservatives. Also, cooking from scratch at home does not have to take hours. The average takeaway takes an hour to arrive after you place the order. A meal can be cooked and eaten in that time (and at much less cost!). 

Extend your overnight fast by starting to have your dinner one hour earlier than usual. Intermittent fasting can not only help improve sleep, but also helps our cells to renew and repair themselves and promotes good blood sugar control.

Eat more mindfully and count your chews. Eating faster, especially of the wrong type of food, means our brains don’t get the signal that we are full and that it is time to stop eating and so it causes us to eat more, thus contributing to weight gain. One study showed that 40 chews compared to 15 chews resulted in lower energy intake (fewer calories) and caused the body to produce more of the hormones that make you feel full.

Howden: What can firms do about this issue to mitigate risks and promote good nutrition for their team?

Gill: Well obviously, I would say speak to a Nutritional Therapist who can offer corporate support in the way of talks, workshops and advice on promotion of good nutrition in the workplace. Ensure that any such Nutritionist is qualified and registered and that their advice will be evidence based. Misinformation around nutrition is rife and it is not good enough to rely on ‘Dr Google’. 

For this interview we spoke with Gill Grasse from GiCa Nutritional Therapy and the opinions and views stated in this article are those of Gill Grasse and not Howden Insurance Brokers Limited (“Howden”). Howden is an insurance broker and is not authorised or regulated to advise on health, wellbeing and nutrition. Howden shall not (i) owe or accept any duty, responsibility or liability to you or any other person; and (ii) be liable in respect of any loss, damage or expense caused by your or any other party’s reliance on this article.