Trauma v The legal profession. Who will win? Time for you to be the judge

A blog post by Jason Passfield

I have recently been part of the Open Justice Criminal Law Clinic [Module W360].

The clinic involves students working on real cases considering whether there are grounds of appeal against sentence or and conviction. A lot of hours are spent reading case materials and considering evidence, by the end of the module you write a research document and advice note for the client. The module gives students a real insight into practical pro bono work and the opportunity to put into practice what you have learnt...really invaluable.

After starting my open justice journey in the criminal law clinic, I was introduced to a new phrase “Vicarious Trauma” and underwent vicarious trauma training. Instantly I thought “What is vicarious trauma? I really do not understand how this is going to help me…. I am resilient to traumatic incidents and cope well...Why will reading case papers be any different…How can the legal profession need this training?” (Passfield, J (2022) Extract 1). Well, little did I know how important this training was. Let me explain….

What is Vicarious Trauma?
Vicarious trauma or secondary trauma is used to describe the emotional and psychological impact of exposure to trauma experienced by others. This includes hearing or reading about traumatic events, witnessing them first hand, or working with individuals who have experienced trauma.

How is this relevant?
Lawyers are exposed to trauma experienced by their clients. Exposure impacts on professional identity, ethics and well being.

What are the symptoms?
Anxiety, depression, feelings of helplessness, and a sense of disconnection. 

How does this affect the legal profession?
Criminal defence lawyers may work with clients who have experienced sexual assault, domestic violence, or other forms of violence. During the clinic students may read witness statements or see photographs that could be traumatic.

Professional Identity and Ethics
The impact of vicarious trauma can have an impact on professional identity and ethics. Professional identity is the way an individual defines themselves in their role, it can be influenced by personal values, experiences, and professional standards. Those experiencing vicarious trauma may find their professional identity is impacted by questioning their ability to provide effective representation to their clients or may feel a sense of guilt or responsibility for the trauma experienced by their clients. This can lead to loss of confidence in their abilities and impact their ability to form positive relationships with their clients.

Vicarious trauma can impact on ethical decision-making. Ethics are moral principles that guide behaviour. Those experiencing vicarious trauma may find it difficult to make ethical decisions, a criminal defence lawyer may find it difficult to balance their duty to provide effective representation with their moral responsibility to protect the victim. 

Wellbeing
Those experiencing vicarious trauma are at an increased risk of burnout and other mental health issues, impacting the ability to provide effective representation as well as maintaining positive relationships with colleagues.

What can you do to combat the impact of vicarious trauma?
It is important law firms and Universities prioritise mental health and wellbeing initiatives. This can include offering access to counselling, training on vicarious trauma and creating a culture that supports open and honest communication about mental health.

Reflection
As part of the clinic, I have found vicarious trauma training invaluable, this helped me to mentally prepare for what I was about to read and see. During my time in the clinic, I started to think how lawyers could use the training to cope, realising this forms part of their professional identity by being emotionally detached. When I read case papers, I visualised people as characters. I have learned a new skill which helps my professional identity. The training has helped in my day job too, discussing the training with my team.

Whilst I am not saying you will ever experience vicarious trauma, “forewarned is forearmed.” Without undergoing the training before working in the clinic, this could have had an impact on me.

Outside of the clinic and totally unrelated, I read something which made me shiver, literally. Even during the night, I would wake up with what I had read and watched, disturbing my sleep. Every so often, throughout the day I could be doing something and my thoughts about what I had read would pop into my mind. I thought this has got to stop, I reflected back on the vicarious trauma training I had received and put into practice some of the techniques and yes, they did work!

Anyone can suffer with vicarious trauma; my studies have broadened my view and I have started to think about what else can be done to help those joining the legal profession as well as those already working in the profession. Take jurors for example, they are exposed to traumatic material, what support do they receive? In England and Wales no support (but there are proposals being put forward for possible support in future) unlike in Scotland and in America.

Think you are suffering from Vicarious Trauma?
If you think you may be suffering from vicarious trauma, reach out through your university, work or contact Law Care who offers a free, independent confidential support (https://www.lawcare.org.uk/).

References:
Law Care available online at:  (Accessed 18th April 2023) https://www.lawcare.org.uk/get-information/articles/vicarious-trauma-in-the-legal-profession/
Passfield, J (2022) Extract 1, originally written on 25th October 2022
 
The Open University (2022a) W360 Professional identity and pro bono (online). Available at: https://learn2.open.ac.uk/mod/oucontent/view.php?id=1973908 (Accessed 18th April 2023)