The work of criminal and family lawyers exposes them to abuse and trauma, which can lead them to experiencing vicarious trauma. But help is available.
Lawyers practicing in family or criminal law are instrumental in advocating for and guiding their clients through some of the most traumatic times of their lives. Indirect exposure to traumatic events is an inherent part the job.
Whether working on files involving domestic abuse or criminal offenses, lawyers are highly susceptible to a phenomenon known as vicarious trauma – the psychological and emotional impact a person may suffer due to their proximity to traumatic events and information.
Understanding vicarious trauma and its potential effects is vital for recognizing the unique challenges faced by family law and criminal lawyers and for developing strategies to mitigate its impact on their overall well-being and professional practice. This article explores the concept of vicarious trauma within the fields of family law and criminal law, and proposes effective strategies for prevention and mitigation.
What is vicarious trauma?
Vicarious trauma is the natural reaction to indirect exposure to traumatic events, which can affect a person’s world view by altering their values, beliefs and subsequent actions (McCann & Pearlman, 1990). Vicarious trauma is a psychological response to hearing, witnessing, or engaging with the traumatic experiences of others.
Due to their proximity to distressing family and criminal issues, lawyers are susceptible to absorbing the emotional burden of their clients’ traumatic narratives. This emotional residue can lead to significant mental and emotional distress for the lawyer.
Are lawyers susceptible to vicarious trauma?
Studies have shown that legal professionals are more susceptible to vicarious trauma than mental health professionals (Burton & Paton, 2021). In particular, criminal and family lawyers working with clients who have experienced traumatic events are at far greater risk of higher levels of stress, anxiety and depression due to vicarious trauma (Maguire & Byrne, 2017).
Lawyers have reported they feel powerless to adequately help their traumatized client, which makes it difficult for them to be optimistic about their work. As a result, some experience continuous numbness, detachment, compartmentalization, emotional exhaustion, and frustration. Criminal and family law lawyers may also find it difficult to ‘leave their work at the office’ and find it negatively affecting their home life. They may find themselves disengaging from their personal lives or developing a sense of hopelessness (Burton & Paton, 2021).
What are the symptoms?
Recognizing the signs and symptoms of vicarious trauma is crucial for early intervention. Warning signs of vicarious trauma manifest in many ways and can differ from person to person.
Some common indicators include:
- Emotional exhaustion – persistent feelings of sadness, anxiety, or emotional numbness
- Cynicism or detachment, leading to an ongoing negative view of the world as a coping mechanism
- Diminished trust in oneself, in others and in ‘the system’
- Hopelessness – a feeling that regardless of one’s actions, the situation will never improve
- Intrusive thoughts related to the client’s traumatic experiences that affect the lawyer’s daily life, leading to disruptions in sleep and concentration
- Physical symptoms, such as chronic fatigue, headaches, and other physical manifestations of stress
What can trigger vicarious trauma?
Besides repeated exposure to traumatic material as a result of working with clients experiencing trauma, other factors can contribute to a legal practitioner’s risk of developing vicarious trauma (Ravi, Gorelick, & Pal, 2021). These include:
Adverse working conditions
- excessive volume of work
- unpredictable work expectations or outcomes
- disharmony between one’s own values and beliefs and that required by the client or work demands
Personal conditions
- one’s personal traumatic experiences
- no effective coping skills
- tendency to become emotionally dysregulated
- little or no support from family and friends
- unstable home life
How can we address vicarious trauma?
Early in their legal education, lawyers are taught to give independent legal advice, provide impartial representation, and dissociate from their files. In the past, mental health has received little or no attention. However, this seems to be changing.
Lawyers are beginning to openly recognize and discuss the hazards of the legal profession and the importance of prioritizing mental health, much like first responders. Without support, lawyers will be unprepared to cope with the effects of their exposure to vicarious trauma (Burton & Paton, 2021).
Lawyers can address vicarious trauma in a variety of ways, such as:
- Awareness: Learn to recognize your personal warning signs. Set boundaries and learn to say ‘no’.
- Peer support & supportive company culture: Regular supervision and peer support allow you to discuss challenging cases, share coping strategies, and seek guidance.
- Professional counseling: Confidential counseling or therapy services offer a safe space to process and manage the emotional impact of your work.
- Training and education: Learning how to recognize and manage vicarious trauma can help you navigate the emotional challenges of your work.
- Creating balance: Taking time to practice self-care – such as mindfulness, regular exercise, and maintaining a healthy work-life balance – can greatly reduce the effects of vicarious trauma.
Conclusion
Vicarious trauma is a significant issue that family law and criminal lawyers face due to their exposure to their clients’ emotional and distressing experiences. Family law lawyers face the emotional toll of their clients’ experiences with domestic abuse while criminal lawyers encounter the traumatic narratives of victims and offenders.
Recognition and prompt attention to the impact of vicarious trauma are crucial in supporting lawyers and ensuring their overall well-being, professional competence, and ability to effectively advocate for their clients.
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DISCLAIMER The information in this article was correct at time of publishing. The law may have changed since then. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta.
About Trish Guise
