THE ONTARIO LAWYERS’ ASSISTANCE PROGRAM

LAWYERS AND TRAUMA: Trauma in the Courts

“ Whether in the office or the courtroom lawyers and judges must … learn how to understand and manage their own emotional challenges working in an often caustic and stressful legal environment .”  Hon. Paul H Reinhardt

The practice of law, especially criminal and family law, involves contact with individuals who have suffered extreme trauma.  What is the impact of dealing with trauma for members of the legal profession? Take a moment to consider your own experiences with traumatic events evidence and material or cases.  Through exposure to the realities of intentional cruelty and through the inevitable participation and traumatic reenactments in the judicial process, lawyers and judges are vulnerable to the emotional and spiritual effects trauma. 

At the Ontario Bar Assistance Program we often receive calls from lawyers who say they are   suffering from “burn out.” Overwhelmed by the volume and nature of daily work they start to question themselves. One factor in this can be more accurately described as traumatic stress—the result of continued work with very difficult and traumatized client situations.  It is important to recognize the impact.

Any professional group working with clients who have been traumatized will be at risk of experiencing vicarious trauma. This observation is made by Karen Saakvitne and Laurie Anne Pearlman who are psychologists working in the area of trauma.  This puts lawyers, prosecutors, “family law” lawyers and judges as a population at risk

There are different types of trauma and the definitions are as follows:

• Post traumatic stress:  Direct exposure to a traumatic event such as victimization, disaster,  or war.
• Secondary traumatic stress:  Continued close contact with people who have experienced direct trauma The result of exposure to traumatic events is Post Traumatic Stress and the continuing experience is Post Traumatic Stress Disorder
• Vicarious trauma:  Disruption of ordinary level of psychological and emotional functioning following exposure to reports of traumatic events.  This is an occupational hazard that can adversely affect lawyers and judges and reduce level of functioning and quality of life and health. 

Lawyers, judges and other court workers can come into contact with individuals who have suffered physical and psychological violence. They also review related material depicting violent and distressing events. Traumatic material is material that is outside of normal experience and that is overwhelming to primary sufferer and an engaged professional’s sense of physical and psychological security. The impact on lawyers of this exposure is just beginning to be recognized and addressed.  The effect can be a disruption in the ordinary level of psychological and emotional functioning for the lawyer.

Vicarious trauma is the energy that comes from being in the presence of trauma and it is how our bodies and psyche react to the profound despair, rage and pain of bearing witness to the atrocities committed against others.  These experiences slip under the door and find ways to permeate the life of a lawyer or judge.  Personal balance can be lost for a moment or for a long time.

Core symptoms of vicarious trauma include

• Reduction in sense of confidence
• Avoiding care giving or submersing self in care giving opportunities in search of a successful outcome which is reasonably unachievable

There is a growing body of knowledge about the effects on professionals of dealing with trauma.  There are services available to assist in the awareness, understanding, treatment and management of the various forms of trauma.  Increased awareness and acknowledgement of the dangers and techniques for dealing with these difficult situations will decrease the risks to lawyers and improve services to those they help. 

References

Adrian Hill, LSM, The Cost of Justice: A Desk Manual on Vicarious Trauma , 2004 www.LPAC.ca

Donald C. Murray Q.C. and Johnette M. Royer, Vicarious Traumatization in the Legal Profession The Corrosive Consequences of Law Practice for Criminal Justice and Family Practice Lawyers, 2004

Karen W. Saakvitne and Laurie Ann Pearlman, Transforming the Pain:  A Workbook on Vicarious Traumatization: WW Norton Co. Inc. 1996 

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The Advocates’ Brief October 2004

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