This blog post offers advice on how law firms can improve the mental wellbeing of their lawyers, drawing insights from episode 113 of Hearsay the Legal Podcast.
The legal profession frequently exposes practitioners to high-stakes situations, and with that, a less-discussed issue: vicarious trauma. Particularly pervasive in areas of law where lawyers witness the struggles and hardships of their clients, vicarious trauma is the emotional distress experienced after empathetically engaging with another person’s trauma. It occurs when individuals experience emotional distress from empathetically engaging with another person’s trauma. Vicarious trauma can lead to burnout, emotional exhaustion, and even long-term mental health challenges. As practice managers, implementing strategies to address and mitigate vicarious trauma is crucial to sustaining a mentally healthy, resilient workforce. Here are seven actionable strategies to guide you.
The insights provided to you in this blog post is from criminal lawyer Jahan Kalantar’s episode on Hearsay the Legal Podcast.
Jahan appears in episode 113 of Hearsay, where he tackles mitigating and managing vicarious trauma among lawyers and dives into the critical importance of a mentally healthy legal profession.
- Recognise the Signs of Vicarious Trauma
A foundational step is to understand and educate your team about the symptoms of vicarious trauma. Lawyers may display symptoms like withdrawal from colleagues, irritability, excessive fatigue, and a decrease in work productivity. Recognising these warning signs can prevent issues from escalating. Encourage an open environment where team members can discuss their mental health without stigma. Such awareness fosters an early intervention culture, crucial in maintaining a healthy workplace.
- Promote Access to Mental Health Resources
Access to mental health resources should be integral to your firm’s culture. Mental health support programs provide staff with an external resource for counselling and support. Consider offering access to in-house mental health workshops or partnering with mental health professionals to conduct seminars on self-care and resilience as a form of preventative care. Providing avenues for confidential discussions between your lawyers and trained mental health professionals can make a significant difference in improving lawyers’ mental health and also allows for a constructive outlet for processing work-related trauma. Jahan reinforces this by emphasising the importance of accessible support networks, from GPs to psychologists, which enable legal professionals to check in on their mental health regularly.
- Establish a Two-Person Case Approach
Implementing a two-person case assignment can be incredibly beneficial. This practice involves assigning two lawyers to each case, allowing them to share the emotional and cognitive load of challenging matters. This was raised in the episode as a practical way to ensure that no one person bears the entire emotional weight of a demanding case, helping reduce the likelihood of burnout. Not only does this improve resilience, but it also provides fresh perspectives and fosters collaboration as lawyers can support one another through difficult cases.
- Regularly Rotate Case Assignments
In certain areas of law, repeatedly handling similar cases can lead to cumulative trauma. Consider periodically rotating your team across different case types or practice areas. This prevents them from continuously engaging with a single, potentially traumatic subject area and helps in diversifying their workload. Jahan noted the importance of considering personal histories and boundaries in case assignments, such as keeping a paralegal with personal trauma related to a certain case type away from those cases. This approach shows empathy while minimising potential vicarious trauma.
- Implement “No Repercussion” Mental Health Days
Your firm can further empower your lawyers by adopting policies specifically geared toward mental health. These policies may take form through mental health days, whereby team members are able to take leave without stigma or repercussions. These can be particularly helpful to prevent burnout for lawyers after handling cases with challenging or disturbing content. Similarly, allowing team members to skip returning to the office after tough court days would promote empathy and also gives lawyers time to recalibrate before returning to work. Firms that respect the need for mental breaks can make a considerable impact on morale and productivity.
- Encourage Mindfulness and Physical Wellness Practices
Encouraging wellness practices, such as mindfulness, regular physical exercise, and journaling, can significantly enhance mental resilience. Jahan shared that regular activities like taking 10,000 steps a day, practising gratitude journaling, and engaging in cold water therapy and breathing exercises helped him cope with the mental toll of his work. Consider providing resources such as yoga sessions, mindfulness apps, or meditation spaces to help your team decompress. Even a small commitment to physical wellness can make a marked difference in your team’s resilience.
- Fostering a Culture of Open Dialogue
A supportive environment begins with open communication. The analogy of lawyers as “rockets in space” working together to withstand the external pressures of the job is raised in the episode to underscore the importance of supportive, team-oriented cultures.
Colleagues often spend more time with one another than anyone else and are therefore in a unique position to observe each other’s emotional states. Practice managers and lawyers should feel ethically obliged to check in on colleagues who may be struggling with emotional stress from their caseloads. When you notice warning signs in others, a simple, private conversation can make a significant difference. Cultivate an office environment where staff feel safe expressing when they feel emotionally overwhelmed or when they need help.
Support extends beyond offering accessible forms of mental health resources; it is important to break down the stigma attached to mental health issues in the legal profession as some lawyers may feel reluctant to open up or seek help due to fear of judgement or repercussions. Encourage lawyers to seek support for mental health and normalise the act of prioritising your mental health. Lawyers need to understand that experiencing mental health challenges does not reflect on their competence or commitment; instead, addressing them is a crucial step toward sustainability in their careers.
Wrapping Up
Building a mentally healthy legal practice involves more than meeting deadlines and winning cases. Addressing vicarious trauma proactively can help maintain a resilient, engaged, and productive team. By recognising trauma signs, implementing support systems, rotating assignments, and fostering open dialogue, you’re setting the stage for a supportive workplace where lawyers are empowered to manage the emotional impacts of their work. Taking these steps helps not only individual lawyers but also contributes to a stronger, more compassionate legal community that can effectively serve its clients and the broader pursuit of justice.
