On well-being. Taking on Client Suff ering

• Author: Jeena Cho
• Pages: 12-13

He says that public defenders and

criminal defense lawyers are at risk

for vicarious trauma because “we see

a multitude of trauma in icted on our

clients and their families by the criminal

punishment bureaucracy.”

These lawyers frequently see their

clients lose their jobs, housing and

support when they are not able to post

bond; they watch innocent clients take

plea deals; they see clients with mental

illness and substance abuse disorders

not being able to get the treatment

they need.

These lawyers are surrounded by

trauma, and they’re underresourced.

They are juggling heavy caseloads

while struggling to pay the bills. “In my

career, I’ve seen dozens of public de-

fenders suffer from anxiety, depression,

substance abuse disorders and even

commit suicide,” Sherr says.

Many lawyers shared that it’s not

necessarily the type of case but rather

the trauma the clients are experiencing

that is so painful to deal with.

Setting boundaries

As a Florida-based personal injury

attorney, Chelsie M. Lamie often rep-

resents victims of crime in civil law-

suits against the businesses that fail to

protect them from crime occurring on

their property.

Dealing with these sorts of cases

contributes to vicarious trauma. Lamie

has learned to cope by setting healthy

boundaries with her clients and remind-

ing herself that “I am walking with

them through the case for a relatively

ON WELL-BEING

Taking

on Client

Suf‌f ering

When caring costs you:

Lawyers can experience

vicarious trauma from work

BY JEENA CHO

One thing

they

don’t

teach

in law school is

how to cope with

trauma associated

with legal work.

One such unintended consequence is

vicarious trauma.

In my work as a bankruptcy lawyer,

I meet a lot of clients who are in deep

distress.

Often, clients end up in my of ce due

to some life trauma—divorce, death,

extended illness and so on. We know

from research that  rst responders

are at risk for vicarious trauma when

they’re helping those in crisis. Lawyers

are similarly at risk.

Jan Newman, a psychologist and

mindset coach in Charlotte, North

Carolina, says that vicarious trauma

occurs when a professional experi-

ences the signs and symptoms that

mimic post-traumatic stress disorder

in connection with traumatic mate-

rial presented by the client. Newman

says these signs and symptoms can

include intrusive or persistent negative

thoughts, avoidance and withdrawal,

hyperarousal and hypervigilance, or

sleep disturbance.

Clients experiencing trauma put their

lawyers at a higher risk for vicarious

trauma, says Jeff Sherr, training direc-

tor for the National Association for

Public Defense .

Inter Alia ON WELL-BEING

short time.” She reminds herself that she

can be empathetic to her clients but that

it is important to separate herself from

the case for her own well-being. “I also

take a lot of time for self-care, includ-

ing time away from the of ce, like spa

days and travel with my husband and

children.”

According to Newman, people who

have their own unresolved trauma

may be at greater risk for vicarious

trauma. Andrea Vacca, a collaborative

divorce attorney and mediator in New

York City, recalls hearing her female

divorce clients describing their mar-

riages and thinking, “That sounds like

my boyfriend.” She would then imag-

ine her own relationship in 10 years.

In hindsight, she can see that she was

“purposely picking the wrong men so

that I wouldn’t have to commit.” After

a few years of therapy, Vacca was able

to commit to a healthy and drama-free

relationship.

Vacca says domestic relations law-

yers are at risk for vicarious trauma be-

cause “in litigation, I was encouraging

my clients to rehash all of the terrible

things that their spouse did during the

marriage. This leads to the clients seeing

themselves as a victim.”

The lawyer may then start to

personalize—and internalize—the cli-

ent’s stories.

Rachel Regenold worked as a public

defender for 11 years. In 2015, after

being named attorney of the year by

the Public Defenders Association of

Iowa , she resigned to enroll in massage

school and teach yoga. She has since

“In litigation, I was encouraging

my clients to rehash all of the

terrible things that their spouse

did during the marriage. This

leads to the clients seeing them-

selves as a victim.”

—Andrea Vacca

Photo courtesy of JC Law Group; Photo by Jennifer Vacca

ABA JOURNAL | FEBRUARY–MARCH 2020

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