Mandatory Vicarious Trauma Training for Legal Eagles: When Lawyers are Forced to Face the Emotional Thunderstorm

Criminal Justice Clinic students Gabriella Coe, Cliff Johnson, Ruth Mansell, Harriette Eden, Charlotte Grayson and Jennifer Whewell reflect on vicarious trauma training in this new blog.

“As I sit here, eyepatch in place and jaw hanging like a fish on dry land, I reflect on my tragic transformation into a stress sponge, soaking up every ounce of anxiety from the people around me. Apparently, being an empath means looking like a pirate who's seen better days, however, this got me wondering, should vicarious trauma training be mandatory for members of the legal profession?”

Firstly, what is vicarious trauma? It is a form of psychological stress experienced by individuals who are indirectly exposed to traumatic events, this can either be through work, or close relationships with people. If you are an empath, its absorbing that stress and it can manifest in ways like anxiety, helplessness and sleeplessness.

So, should vicarious trauma training be mandatory in the legal profession? Well, according to a 2023 ALM and Law.com survey, nearly three-quarters of the 3,000 lawyers surveyed are on a first-name basis with some form of mental health issue. While this isn't necessarily linked to vicarious trauma, these stats scream for some form of training. After all, it's high time we start equipping our legal eagles with more than just caffeine and sarcasm to handle the stress of the job

Vicarious trauma can sneak up on anyone at any time, like a bad hair day. But for those in professions where people depend on them and their performance, it's crucial to recognize how this sneaky stress can impact them and their colleagues. Vicarious trauma is often associated with panic attacks, depression, PTSD, and intrusive thoughts about the subject causing it. But it can also disguise itself as everyday issues like fatigue, memory loss, irritability, and easily losing concentration—basically, everything that makes you feel like you've morphed into a goldfish.

Recognising these subtle signs in yourself and your colleagues is essential because, while we're only human, we need to ensure our professional performance isn't derailed by stress that we can manage. Vicarious trauma training provides the tools to spot the signs and practice methods to alleviate some symptoms. Plus, it points you to further help if needed. So, think of it as a stress survival kit for those in the line of duty.

Whether you fully grasp vicarious trauma or just know it as 'that thing that makes me feel like a stress stew,' it's a valuable skill to learn and continuously develop. Knowing your own triggers and how to defuse them is like having a personal stress-busting toolkit at work. Plus, you'll become a superhero in spotting it in others and helping them dodge the trauma bullet. When dealing with traumatic situations, vicarious trauma training should be as mandatory as coffee in the morning, ensuring everyone can recognize the signs in themselves and their colleagues. Because let's face it, we all need a little help keeping our sanity intact in the workplace!

Job stress can do a number on you, and vicarious trauma is no exception. Lawyers, especially those frequently dealing with sob stories and dramatic cases, are at risk. Imagine having to listen to gut-wrenching client confessions daily—talk about a mental workout! The sensitive details shared can haunt lawyers, particularly when dealing with perceived injustices. It’s like being on an emotional rollercoaster without a seatbelt. So, having a solid support system is crucial for their performance. After all, lawyers need to look after their own mental health too, not just their clients'. Let's make sure they’re not just surviving on caffeine and sheer willpower!

However, there's always a flip side, and making vicarious trauma training mandatory might not be the magic solution. It assumes that everyone who hears about someone else's traumatic event will have the same emotional meltdown. While some folks might react like they're starring in their own personal drama, others might not even break a sweat. Sure, it can help those who are affected, but forcing everyone to share feelings they don't have—or worse, feel pressured to have—won't do much good. Think about those news reports with crowds showing mass grief. Are they genuinely heartbroken, or just there because it seems like the thing to do? Mental health is a real issue, and those who are truly struggling should seek help from trusted sources. While vicarious trauma advice should be readily available, turning it into mandatory training might just create more drama than it solves

Mandating vicarious trauma training for all legal professionals is like telling a fish it needs swimming lessons. It ignores a huge chunk of the sector who work in non-contentious areas or in fields that don’t involve traumatic situations. According to the Law Society, many lawyers in fields like conveyancing, corporate law, and commercial law are as likely to encounter trauma as they are to encounter a unicorn in the office. Blanket statements that include all legal professionals don't consider those who work in these calm, spreadsheet-filled areas of law. For these professionals, vicarious trauma training is as necessary as a raincoat in a desert. It would ultimately be a waste of resources to mandate training for all lawyers when more could be allocated to those who actually need it. Let's keep our resources where they're needed—like keeping the office coffee machine running.

With all this information swirling around, it's tough to say if vicarious trauma training should be mandatory for legal professionals. But hey, it should at least be optional, right? Think about it: lawyers who work in non-contentious areas, like conveyancing, corporate law, and commercial law, are about as likely to face vicarious trauma as a fish is to need a bicycle. Forcing them into training they don’t need is like making everyone take swimming lessons when some people are already certified lifeguards, and others live in the desert.

Let's offer vicarious trauma training as an option for those who actually need it. Lawyers who are navigating the emotional minefields can arm themselves with the tools they need, while the rest can carry on blissfully un-traumatised.

In conclusion, making vicarious trauma training optional would be like offering a cup of tea to everyone in the office—some will take it with gratitude, others will pass, and no one will be forced to choke down a drink they didn't want in the first place. Cheers to mental health, with a side of common sense!

References: 

Opening Paragraph – personal account Gabriella Coe

2023 ALM and Law.com - https://www.law.com/americanlawyer/2023/05/18/mental-health-by-the-numbers-an-infographic-mapping-the-legal-industrys-wellbeing/?slreturn=2024121581914

The Law Society. Unseen Burdens: Managing vicarious trauma in legal practice. Available at: https://www.lawsociety.org.uk/topics/hr-and-people-management/managing-vicarious-trauma-in-legal-practice#:~:text=Mary%3A%20Many%20areas%20of%20law,immigration%20and%20even%20employment%20law