Initial content warning: this article may discuss topics that may be upsetting to some readers. If you or anyone you know needs to talk to someone, please contact your Student Services Guidance Tutor (SSGT) or speak to someone you trust; we are not in this alone.
As students and professionals in the legal sector, it is common for us to encounter situations that may be distressing or harrowing. This can include sitting in a lecture or seminar that may involve sensitive content, or taking on a client’s case that may involve an upsetting event, such as a personal tragedy or loss. For many, this would then have to be recounted repeatedly in the courts or in front of other professionals, causing them to continuously recall traumatic events. We, as legal students and professionals, are problem-solvers, and that can be stressful, but those who regularly deal with traumatic cases are at risk of experiencing vicarious trauma.
Vicarious trauma (also referred to as ‘secondary stress’ or ‘compassion fatigue’) occurs when someone experiences the negative impacts or repercussions of someone else’s trauma. It is further described by Pearlman and Caringi as “the negative transformation in the helper that results from empathetic engagement with trauma survivors and their trauma material, combined with a commitment and responsibility to help them.”
This type of trauma can be particularly difficult to deal with, due to the emotional stoicism and “hush-hush” mentality lawyers have to outwardly present on a daily basis at work.
Stereotypically, lawyers are seen as robots who simply cite, read and apply the law; they see this as the only thing that matters in a client relationship. We are trained to keep it together, to remain calm and collected, while advising clients on their case. After all, they are facing the situation first-hand, not us. However, realistically, the amount of harrowing cases we encounter day-to-day can have major impacts, and this makes it difficult not to show emotion and compassion towards our clients.
“I think the main thing with vicarious trauma and those kinds of issues is that there is just no preparation for it; all of a sudden you might be in a meeting with a client to take their witness statement and they are telling you something horrific…Most people who work in this kind of area are sympathetic and find these issues upsetting, but can’t really be outwardly upset by them…” - Paralegal
(Vicarious Trauma in the Legal Profession by Joanna Fleck)
The Impacts of Vicarious Trauma
Vicarious trauma may lead to a number of different physical and psychological effects. The physical symptoms may include: “intrusive thoughts, panic attacks and sleep disturbance,” whereas , psychologically, people may experience “memory loss, being unable to engage with client material or the news, finding it hard to concentrate, or being easily irritated.” As well as this, we may also experience more severe symptoms, such as a shift in our core beliefs, leading us to perceive the world around us as “dark or dangerous.”
These symptoms may ultimately affect our ability to work and focus, particularly for those who may use avoidant coping mechanisms, such as not even touching their work due to fear of trauma. This highlights the importance of taking healthier steps towards preventing the mental and physical impacts that vicarious trauma can cause.
“I think it is incredibly important that firms understand that people have different propensities to stress and burnout and vicarious trauma: acknowledging that it is an individual situation and not just thinking that, overall, people can cope…” - Solicitor
(Vicarious Trauma in the Legal Profession by Joanna Fleck)
The first step is to acknowledge that you are feeling upset or traumatised; once we accept that it is unavoidable, then it is much easier to work on getting better. The next step is to find a practice (or multiple) that works for you. In the next segment of this article, we will be exploring some exercises and techniques provided by Joanna Fleck and LawCare that may help you to reflect and lessen the impact that vicarious trauma can inflict.
Steps you can take to reduce the impact of vicarious trauma:
Reflection
Sometimes, you may find that the work you have taken on is too much for you, and it is normal to feel this way. Take some time to reflect on your workload and what you can do to make it less stressful for yourself. For example, plan an activity that you enjoy after work or university to unwind and take your mind off your stress.
Mindfulness
It has been proven that the effects of vicarious trauma are lessened after practicing mindfulness. Taking the time each day to meditate, practice some yoga, or even just quietly ground yourself in the moment, can be very beneficial to your daily mood.
Mindfulness Practice: ‘Finding an Anchor’
One of Joanna Fleck’s main practices for grounding oneself is to find an ‘anchor’ in the body, which can allow our minds to focus on the present rather than our past or future worries. One anchor that you can focus on is your breath; take a minute to focus your mind on this, breathing in for 4 seconds, holding for 4 seconds, and then breathing out again for 4 seconds. You can also focus on your feet on the ground, your hands or even the sensation of an object in your grasp. Listening to the sounds around you or focusing on the lyrics in a song can also help.
Self-Care
Self-care is important when you are helping those through traumatic experiences on a daily basis. Some forms of self-care include regular exercise, a balanced diet and getting enough sleep every night. However, this can be challenging for some, so doing things you enjoy is also extremely beneficial to your mental health. This can be as simple as doing something small you enjoy, such as reading a book, or even going for a pamper weekend to reconnect to yourself.
Professional Help
If you feel that other mechanisms are not working, it may also be beneficial to turn to professionals who can help you through trauma and its impacts. Professional help is important, even if you feel you don’t need it, as it is an extra mechanism that can really help during your darker times. You can do this by requesting a referral from your GP, or through self-referrals online. The charity Health in Mind is a great free resource for those who are struggling, but cannot afford private mental wellbeing practices. It is also helpful to let our peers, employers and university wellbeing centres know that we need support.
There are also other mechanisms that you can do at work or university to minimise the impact of vicarious trauma. This includes labelling any work or documents with a content warning, so you know beforehand what you are working with, as well as taking regular breaks when working with these particular files. You may also create “physical boundaries,” which can include separating a particular space or folder for more sensitive work, so they are all in one place. This separates this work from your personal and leisure spaces.
Vicarious Resilience
It is important to realise that, although our work can cause some of us distress, there are many benefits to the work as well. On a daily basis, we hear about and work with brave clients who have survived extremely traumatic events; this mindset is very inspiring, particularly due to their strength and determination to receive help and justice. Although we can easily take sadness and grief from these stories, there is also a lot of vicarious resilience (or ‘post-traumatic growth’) that can be taken from this; it is important to know that, no matter what, we can get through tough times.
It is vital that we take the positives from each day we encounter these experiences, as, although vicarious trauma can gnaw away at us mentally and physically, our work and studies are also very beneficial to society and the people that we encounter on a daily basis. Remember you are worthy of self-support from time to time, and it is not selfish to work on your own mental wellbeing, particularly when it impacts your involvement in helping others.
Please see below the resources that helped me write this piece, as well as some links to helpful websites, videos and meditations that have aided with mental wellbeing and trauma responses.
James Caringi and Laurie Ann Pearlman - Living and Working Self-Reflectively to Address Vicarious Trauma (in ‘Treating Complex Traumatic Stress Disorders (Adults): Scientific Foundations).
Joanna Fleck - Vicarious Trauma in the Legal Profession
Vicarious Trauma in the Legal Profession by Kylie Nomchong SC https://nswbar.asn.au/docs/webdocs/vicarious.pdf
Lawyers and Vicarious Trauma by LawCare
Mind - Trauma and What it is
Mind - How to be Mentally Healthy at Work
Gabor Maté - Intro to Vicarious Trauma
My Peace of Mindfulness - Guided Meditation for Trauma Healing & PTSD
Sleep Easy Relax - Keith Smith - Healing Trauma Recovery - Guided Meditation for Relaxation, PTSD, Anxiety and Sleep
By Elizabeth Garniss
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