Do Not Make their Trauma Your Trauma: Coping with Burnout as a Family Law Attorney

• Author: Lisa Morgillo
• Date: 01 July 2015
• DOI: http://doi.org/10.1111/fcre.12167
• Published date: 01 July 2015

STUDENT NOTES

DO NOT MAKE THEIR TRAUMA YOUR TRAUMA: COPING WITH

BURNOUT AS A FAMILY LAW ATTORNEY

Lisa Morgillo*

In the field of family law, attorneys frequently expose themselves to highly emotional and traumatized clients. Litigation is by

nature a high-stress occupation, demanding a high level of intellectual and emotional engagement from the contesting lawyers.

Adding the burden of inherently distressing content to litigation can impair a lawyer’s functioning. The effects are often

referred to as “secondary trauma.” This Note proposes that state bar associations should take a more active role in providing

mental health support to prevent burnout in family law attorneys by (1) offering voluntary classes to educate attorneys about

the dangers of, and ways to cope with, the burnout that comes with working with traumatized clients in family law and (2)

organizing support groups among local family law communities.

Key Points for the Family Court Community:

Claims against family law practitioners account for the third highest percentage of all malpractice claims against

lawyers.

Burnout is a serious problem for family law attorneys.

Programs sponsored by state bar associations are available and need to be expanded.

The American Bar Association’s Model Rules require that a lawyer shall not represent a client or, where representation

has commenced, shall withdraw from the representation of a client if the lawyer’s physical or mental condition materi-

ally impairs the lawyer’s ability to represent the client.

The unique nature of family law, centered on relationships and emotions, puts family law attorneys at a higher risk for

experiencing the effects of secondary trauma than other areas of law.

Lawyers at risk for secondary trauma can avoid its effects by educating themselves about such effects.

Keywords: Burnout; Continuing Legal Education; Emotional Client; Lawyer Assistance Program; Lawyer–Client

Relations in Family Law; Secondary Trauma; and Traumatic Material in Family Law.

INTRODUCTION

After nearly eighteen years on the bench, sitting both in New York Supreme Court and Family

Court, Judge Kiedaisch, over the course of ten years, noticed a significant change in Jane,

1

an attor-

ney advocating on behalf of domestic violence victims.

2

In Jane’s heart, she always tries to be there for her clients, she does not do it for the money, but

because it is a good cause; as a result she undercharges her clients for her services. She fails to

set boundaries with her clients and becomes socially involved. Jane is a very competent, smart

attorney and a zealous advocate, but she takes on more cases than she can probably handle and

has become noticeably always tired, at times overwhelmed with her work and her sense of humor

is not what it used to be.

3

Along with her physical and personality changes, Judge Kiedaisch noticed the quality of Jane’s work

diminish from when she began practicing family law

4

ten years ago.

5

“Because this attorney fails to

Correspondence: LMMorgillo@gmail.com

FAMILY COURT REVIEW, Vol. 53 No. 3, July 2015 456–473

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C2015 Association of Family and Conciliation Courts

set those boundaries with her clients, such as allowing clients to default on payments, she takes on

more cases than she should and winds up being undervalued and constantly stressed, as reflected by

Jane’s frequent need to ask for adjournments

6

.”

7

Advocating on behalf of highly emotional clients in the field of family law regularly exposes

attorneys to traumatic information, including but not limited to, domestic and child abuse victims,

families undergoing divorce, and the children and parents enduring custody disputes. Wanting to

help can have negative emotional, psychological, and physical effects on the attorney, both in their

work and home life. The Model American Bar Association (ABA) Rules require that, “a lawyer shall

not represent a client or, where representation has commenced, shall withdraw from the representa-

tion of a client if ...the lawyer’s physical or mental condition materially impairs the lawyer’s ability

to represent the client.”

8

However, when confronted and then immersed in traumatic cases, lawyers

may not fully understand the extent of its impact upon them.

9

Major effects of frequent exposure to traumatic information include the avoidance and decrease in

quality and quantity of job task performance, sometimes coupled with an apparent pursuit of perfec-

tion; decreased confidence, and interest in the accomplishment of job tasks; a negative and detached

attitude toward fundamental work requirements; reduced ability to communicate and work with col-

leagues; and absenteeism, irritability, and exhaustion.

10

Margaret Drew had just started her family law practice when one of her clients tried to commit sui-

cide.

11

Drew was so upset by her client’s situation that she started experiencing physical symptoms like

heart palpitations and insomnia.

12

At the time, Drew was not familiar with terms like “secondary

trauma” and “vicarious trauma,” but she was certainly feeling the effects.

13

Today, more than twenty

years later, Drew is well versed in these two types of trauma common among members of helping

professions .

14

This Note proposes that state bar associations should take a more active role in providing mental health

support to prevent burnout in family law attorneys, by (1) offering voluntary classes to educate attorneys

about the dangers of, and ways to cope with, the emotional burnout that comes with working with trauma-

tized clients in family law and (2) organizing support groups among local family law communities.

Part II of this Note provides background information about exposure to traumatized clients and why

family lawyers are particularly susceptible and discusses the studies exploring the prevalence of the

symptoms resulting from exposure to traumatized clients. Part III explains the current mental health

assistance programs in place by state bars. Part IV proposes the creation of law school and continuing

legal education (CLE) classes to educate current and prospective family lawyers about the effects of

working with traumatized clients and ways to minimize these effects and the creation of support groups

for local family law communities. Part V discusses potential problems with the proposed classes and

support groups. Part VI concludes with a final statement on the importance of lawyers caring for their

mental health in order to beable to provide the representation that thesetraumatized clients need.

II. BACKGROUND ON BURNOUT AND SECONDARY TRAUMA

A. DESCRIPTION

Burnout stems from an overload of responsibilities, lack of respect or inequity at the workplace,

lack of community at the workplace, few financial or emotional rewards with the work, little control

of quality of services provided, and conflict between individual values and organizational goals and

demands.

15

Family law attorneys regularly engage with clients whose lives have been disrupted by

traumatic events; the attorneys then manage the impact of this traumatic material in litigation.

16

The

resulting effect, often referred to as secondary trauma or secondary traumatic stress, has been defined

by Dr. Charles Figley

17

as “the natural consequent behaviors and emotions resulting from knowing

about a traumatizing event experienced by a significant other—stress resulting from helping or want-

ing to help a traumatized or suffering person.”

18

Secondary trauma may also result from hearing trau-

matic material.

19

The behaviors and emotions resulting from representing a traumatized client should

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