Unseen burdens: managing vicarious trauma in legal practice
How vicarious trauma can affect solicitors
Mary: Many areas of law are likely to experience vicarious trauma. It definitely affects criminal and family lawyers – although in family law it has a cumulative effect over time.
It also impacts those in medical negligence, personal injury, immigration and even employment law.
I think the areas of law where you're unlikely to experience vicarious trauma – and I do hesitate to say this – are conveyancing, corporate and commercial law.
But vicarious trauma isn’t exclusive to work. It can show up in anybody’s personal life. Anyone can be impacted by trauma watching a relative go through a serious illness, life-limiting disease or tragedy.
Rebecca: It’s so important to recognise that we have our own potential traumas. Details from clients can trigger professionals on a personal level. For example, solicitors can be victims of domestic abuse too.
As a criminal law solicitor, I read the witness statements, watch the video interview of complainants providing explicit details of rape or abuse, and take instructions from clients who provide details of their traumas.
But it’s not just solicitors who are exposed: it’s the police, magistrates, judges, ushers, counsel and cell staff as well.
Chrissie: When I was a clinical negligence trainee, I'd often handle initial enquiries from clients to determine if a case was viable.
I took calls from people who were extremely distressed. Sometimes an accident had just happened and I even had situations where a parent had just lost a child.
I’d get the brunt of all the initial grief. People were angry, frustrated and devastated: they wanted justice and someone to blame.
I’d been trained in the law, but I’d never had any training to manage these situations.
I had no reference point for how to calm someone down who had experienced this kind of trauma.
My job was to elicit the necessary information, give practical advice and set expectations, but it was hard when faced with someone in such a state. It was very stressful.
You have to be an empathetic person to work in clinical negligence. But it's a double-edged sword, because the more you empathise, the more pain you take on.
It’s not just one client you’re dealing with either. You’ve got a caseload of people who are catastrophically injured and often experiencing psychological trauma as a result.
You might be working on a client’s case for three or more years, so you carry that emotion every day. It’s a burden.
Identifying signs of vicarious trauma
Mary: There’s no definitive list, but there are five key areas:
Speak to LawCare for more information if you – or someone you know – is experiencing any of these symptoms.
If ignored, vicarious trauma can impact professional performance, erode mental health and self-esteem can plummet so people lose faith in themselves. Some might go as far as to quit their job.
It not only affects work-life but can impact personal life too. Some might lose their relationships because of their struggles with vicarious trauma.
How can solicitors manage vicarious trauma?
Rebecca: As I see it, there are no processes in place to ensure that we are emotionally supported or safe when it comes to vicarious trauma in the criminal justice system.
You can’t go and talk to your mates due to confidentiality issues and it can be hard to release after dealing with horrendous crimes.
I work as part of a team and we talk to each other if there is something troubling us, but I don’t know how sole practitioners cope.
I think it’s important to talk peer-to-peer. The advocates room at court is often a great way of letting off steam or finding humour from a difficult day.
I also think that’s why criminal lawyers have such a dark sense of humour by nature!
Chrissie: In recent years, I have engaged with therapy to help me deal with different aspects of my life, and this has helped me to process everything better including vicarious trauma.
But that isn’t specific to dealing with vicarious trauma or being a lawyer, but it has been helpful. Because of therapy, I can show up for my clients in the way that we both need to preserve our mental health.
Mary: There is a certain stoicism in the legal profession, but I'd like to think we're in a world now where it's okay to admit that you're vulnerable. Acknowledging your vulnerabilities is key.
A lot of lawyers don’t like to admit that their work may be affecting them, but seeking counselling is a confidential way to manage vicarious trauma.
Many law firms have employee assistance programmes where you can access free counselling. LawCare will always listen and offer support as well.
It’s important to remember you're not your clients' counsellor, confessor or best friend – even if they treat you that way. You're there to do what you can within the framework of the law.
It’s a lot to manage, so self-care is vital. It's the analogy of the oxygen mask on a plane: you have to look after yourself before you can start looking after others.
A simple self-care practice is the ABC model:
- being “aware” of how you’re doing
- pursuing “balance” in everything – which I fully appreciate isn’t easy for solicitors and work/life balance
- seeking “connection” is also vital so that you don’t become isolated
Other good self-care practices include physical exercise, giving back, continuous learning (not just professional) and maintaining boundaries between work and home life.
11 things law firms can do to help solicitors cope with vicarious trauma
Mary: I honestly don’t think that many law firms take vicarious trauma seriously: some do, but not as many as we would like.
Here’s a list of what law firms should be doing to support their employees:
Find out more
We've published a list of resources to help manage your workload and cope with stress. It also includes contact details for organisations that can help.
LawCare promotes and supports good mental health in the legal sector.
Call LawCare on 0800 279 6888 on Monday to Friday, from 9am to 5pm every weekday (except bank holidays).