Those fears are entirely understandable.
Nevertheless, facing our vulnerabilities, both individually and collectively, is important and necessary. We are all aware professionally that it is not a position of strength to turn a blind eye to weaknesses in our legal arguments. Unless we accept and fully examine both the strengths and weaknesses of our position in any given case, we will not be adequately equipped to be effective advocates. In the context of our work, we know that only in facing our apparent weaknesses can we learn the ways in which something that first presents as a weakness can actually become a strength (and vice versa).
We need to bring the same level of thoughtful self-awareness to our assessments of our own health and the health of the profession. The system benefits when lawyers can thrive professionally without damaging their personal health or the health of the profession in doing so. Better health and wellness means an enhanced ability to perform necessary tasks and more leftover creative energy to help address the bigger issues facing the profession (e.g., how to make justice more accessible to all members of the public, how to promote diversity, inclusion and equality in the profession).
Generally, we need to acknowledge this because we all have vulnerabilities. Whether our vulnerabilities and challenges are mental health related or not, none of us are superhuman. We face adversity in our lives and we need to do a better job of talking about how we nevertheless work through it (and also when it is time to take a break and engage in some self-care rather than play through). Maintaining a superhero-like persona for ourselves or those whom we admire is not helpful. Self-deception does not improve competence.
It's especially important that we address our own trauma-related experiences and perspectives for the following reasons (not intended to be exhaustive):
- To the extent that our own personal experiences of trauma make us vulnerable, we need to be aware of this so that we can take the necessary steps towards healing and/or managing those vulnerabilities;
- To the extent that our own experiences of surviving, managing, and/or healing from trauma provide us with unique strengths and insights, we need to learn ways to enhance our ability to draw on those strengths and insights so that we can use them to benefit ourselves, the profession and those whom we serve;
- To the extent that our own experiences of trauma affect the way we see the world, we need to be mindful of this, so that we can critically examine our assumptions and interpretations about other people and situations in our professional lives (in the same way that any effective advocate or adjudicator needs to be aware of the way their own personal experiences may shape their worldviews and perceptions);
- To the extent that we haven't experienced trauma (or any particular subtype of trauma), we need to actively listen to and learn from others, whose experiences might ordinarily be concealed from view, so that we can help promote the health and wellbeing of our colleagues and so that we can collectively benefit from the resilience, skills and knowledge of those who have experienced or are currently experiencing the effects of trauma;
- To the extent that we want to promote diversity, inclusion and equality in the profession, we need to actively strive to understand the obstacles facing those with different backgrounds and experiences, who may have suffered more adversity and trauma on their road to becoming a lawyer, so that we can create a professional culture that is welcoming and inclusive, and minimize the barriers they may face. And, equally importantly, this will help all of us by enabling us to benefit from enhanced access to the wisdom and strength of a diverse range of colleagues; and
- To the extent that we aim to create a trauma-informed justice system in general, we need to be aware of our own individual and collective vulnerability to trauma, so that we will be equipped with a better understanding of the nature and prevalence of trauma (which will help us be more responsive to the needs of the public we serve, many of whom have been traumatized).
With respect to the need to listen to others, this will be complicated by the fact that stigma can still be very strong for those who have experienced the effects of trauma. And the experience of discrimination is still very real. Since such experiences can be very personal in nature, many people may never feel comfortable sharing what they have gone through. So informing ourselves about the experiences of those who may have experienced trauma and the difficulties they may face in our profession will be a challenge that we will need to proactively strategize about how to meet. The purpose of this blog is not to answer the difficult question of how best to accomplish this aim, but to attempt to spark and facilitate those efforts. In the spirit of brainstorming, I suggest that the following might help:
- Carefully listen to, learn from and find ways to support those who do choose to speak about their experiences. Be sure that the message is clear to anyone who may wish to share their experiences that they will be supported. Provide options so that they may share their experiences (if they wish to do so) in a way that feels comfortable for them;
- Provide options for those affected who may wish to provide input about their experiences but may not wish to speak openly about them to provide feedback in a safe and (if they so desire) anonymous way;
- Inform ourselves generally about the prevalence of trauma in our society, and the challenges facing those who experience trauma. Then--rather than wait for affected individuals in the profession to speak up and advocate for themselves (which they may not feel comfortable doing for very understandable reasons)--make best efforts to anticipate barriers faced by affected lawyers and aspiring lawyers so that the obstacles can be removed (thereby creating a more "trauma-informed" professional culture);
- Generally, maintain an awareness of the prevalence of trauma and the likelihood that many of our colleagues have experienced it even if they may not wish to talk about it, and to the extent possible, structure our practices, events, and discourse in a manner that is sensitive to this reality (the same way we aim to do for other barriers to inclusion);
- Find ways to research (or employ professionals to research) the impact of trauma on lawyers. Ensure that this research is sensitive to the variety of ways in which lawyers may be impacted by trauma, including: (1) having a history of personal and/or intergenerational trauma (which may be triggered by exposure to the trauma of others, and/or the high levels of stress and isolation in the profession), (2) being exposed to the traumatic experiences of others in the justice system, even if the lawyer has no personal history of trauma ("vicarious trauma"), (3) experiencing new trauma while already engaged in the practice of law (e.g., being sexually assaulted by a supervisor or colleague). In considering these issues, be mindful of the ways in which trauma-related issues can intersect with other potential barriers to inclusion, such as those related to race, physical or mental disability, gender identity, sexual orientation and socioeconomic background; and
- Maintain an openness to new information and be aware that, given the ways in which issues of trauma are often hidden from view (due to stigma, unequal power dynamics, etc.), our information will often be incomplete and we will need to continue to be inquisitive, supportive and prepared to receive new information and revise previously cherished assumptions and beliefs.
These are just my initial thoughts as a non-expert. I haven't seen much published on this issue specifically for lawyers (although there is plenty of literature on creating more trauma-informed cultures and institutions in other contexts), even though I know from conversations with colleagues that we lawyers as a group are by no means exempt from the statistics regarding the high rates of exposure to trauma in our society. At this stage, my aim is just to start a discussion....
As always, please note that I am a lawyer, not a mental health professional of any kind. I have no expertise in trauma or mental health. Also, please note that any opinions and views expressed in this blog are solely my own and are not intended to represent the views or opinions of my employer in any way. For more information about the purpose of this blog, please see here and for a bit more information about my personal perspective on this issue, please see "my story" here
I am very grateful to have received a "Clawbie" Award for this blog (which reflects the importance of this topic): https://www.clawbies.ca/2019-clawbies-canadian-law-blog-awards/
For some of my external writing on this topic, see:
- https://www.canadianlawyermag.com/news/opinion/a-more-inclusive-discussion-on-the-impact-of-trauma-on-lawyers-mental-health-is-needed/276166
- https://www.cbabc.org/BarTalk/Articles/2020/February/Features/Speaking-Up-About-Trauma-and-Mental-Health
- https://www.canadianlawyermag.com/news/opinion/changing-the-conversation/326240
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