Towards trauma-informed legal practice: a review

What would a trauma-informed workplace ideally look like in legal aid? A qualitative perspective from lawyers

Lawyers experience disproportionately high levels of poor mental health outcomes compared to other professions. This persistent problem can be explained, at least in part, by the fact that current initiatives are not adequately addressing the impact of trauma (from clients and lawyers). The legal profession is yet to embrace trauma-informed practice in the same way other human services have. In this qualitative study, 6 lawyers from Legal Aid describe what trauma-informed practice would ideally look like in their workplace. Many of the recommendations made by the participants such as training for staff, reduction in workloads, mental health leave, supervision, reflective practice, and debriefing are echoed in the literature. However, participants added valuable details about what service provision for clients, and the role of managers in bringing about change. The study provides employers with practical strategies to implement trauma-informed practice and manage the impact of trauma on their lawyers.

The privilege and the pressure: judges' and magistrates' reflections on the sources and impacts of stress in judicial work

There is growing evidence that judges and magistrates experience both high stress and high satisfaction in their work; however, the subjective experience of judicial stress and the cultural and professional factors shaping that experience remain largely unexamined. This qualitative study builds upon earlier quantitative research with the Australian judiciary, by exploring judges' and magistrates' perceptions of the sources and impacts of judicial stress and their ideas for court responses. Thematic analysis of 59 in-depth interviews with judicial officers from five Australian courts revealed eight themes pertaining to the better understanding and management of occupational stress within the judiciary. Implications for courts and individual judicial officers are discussed.

Vicarious trauma among legal practitioners and judicial officers

The term 'vicarious trauma' refers to a range of cumulative and harmful effects from exposure to the trauma of others and is now recognised as a category of causation in the diagnostic criteria of post-traumatic stress disorder. Legal practitioners may be exposed to the risk of harm from vicarious trauma in a number of occupational contexts. This article reviews recent case authority, including a 2023 prosecution of Court Services Victoria for failing to provide a safe workplace in the Coroners Court of Victoria and the High Court decision in Kozarov v Victoria (2022) and the Victoria Court of Appeal decision in Bersee v Victoria (2022). It considers measures that should be taken to provide a workplace for both legal practitioners and judicial officers that is as safe and without risks to health as is reasonably practicable.

Trauma-Informed Care: A Missing Link in Addressing Burnout

The Covid-19 pandemic and national movements for health equity have highlighted the impact of trauma on public health as well as on health worker well-being. As burnout rates across healthcare climb, we seek creative and effective solutions. Current anti-burnout strategies focus on much needed systems solutions for employee success; however, they often lack a trauma-informed approach. Trauma is highly prevalent in society at large, and health workers are further exposed to trauma in the course of their professional studies and duties. Common symptoms of burnout may actually be manifestations of traumatic stress. Trauma-informed care (TIC) is a strategic framework and growing social movement for providing quality care to survivors of individual, interpersonal, collective, and structural trauma. Importantly, TIC has practical applications to address our healthcare burnout epidemic. In this perspective piece, an expert describes a trauma-informed lens through which to view burnout solutions using SAMHSA's 4 Rs of a trauma-informed approach: 1) Realize the widespread impact of trauma, 2) Recognize the signs and symptoms in patients and staff, 3) Respond by integrating knowledge about trauma into practice, and actively 4) Resist re-traumatization. Moving forward, key stakeholders must collaborate to build and refurbish efficient systems alongside a trauma-informed organizational model. TIC can transform the healthcare experience for patients and employees alike by fostering community, empowerment, and healing.

"Wading through the worst that humanity does to each other": New Zealand Crown prosecutors' experiences of working with potentially traumatic material in the criminal justice system

Introduction

Occupational exposure to trauma and its potential impacts on legal professionals working in the criminal justice system is an area that has historically been neglected and has only gained traction in recent years. Crown prosecutors, as a subset of practising criminal lawyers in New Zealand, are arguably at heightened risk of vicarious trauma (VT) due to their occupationally distinct exposure to potentially traumatic material (PTM). However, no research to date has explored the experiences of this group of working with PTM.

Methods

This qualitative study aimed to explore New Zealand Crown prosecutors' experiences of working with PTM. Nineteen Crown prosecutors from four Crown Solicitor firms across New Zealand participated in individual semi-structured interviews. The data was analysed using reflexive thematic analysis.

Results

Three themes were developed that described Crown prosecutors' experiences of work-related exposure to trauma: trauma is everywhere, enduring effects of PTM exposure, and coping in the moment. These findings add to the growing body of literature on legal professionals' work-related wellbeing and highlights how they are an at-risk population for VT, which can be significant and enduring.

Discussion

Further research is needed to understand the unique etiological pathways for both the consequences of working with PTM and effective ways to reduce this occupational risk for legal professionals working in the criminal law.

An inspector calls: trauma-informed regulation

This article examines some of the possible harmful effects of regulatory investigations, in particular that of trauma, on persons being investigated and those around them, the legal, ethical or regulatory duties or responsibilities of regulators in the case of such events, and programs currently available to prevent or ameliorate these effects. It concludes by describing what trauma-informed regulatory practice might look like and concludes that a trauma-informed approach to regulation can provide a model of justice that can be applied to persons adversely affected by investigations without derogating from a regulator's statutory purposes.

A diary study of Australian lawyers working with traumatic material

Many lawyers experience regular exposure to traumatic material yet little is known about its effects. This study examines what traumatic material affects lawyers, how they respond in the moment and how they recover. The participants (n = 18 lawyers) completed a five-day diary study and a semi-structured interview regarding their experiences. The analysis identified clients' negative emotions and experiences, domestic violence and child abuse as most impactful. The participants reported experiencing sadness, anger, frustration, disgust and/or compassion; some reported not being overly distressed or not experiencing emotions. Most participants reported using social support and emotion-focused coping strategies, drawing on their identities as lawyers to suppress or conceal emotions. At the end of a working day many participants reported coping by working longer hours but also through physical activity and social interactions. We discuss the implications for lawyers' well-being and the role of organisations and education in managing the impacts of traumatic material.

Extent and predictors of work-related distress in community correction officers: a systematic review

Research indicates that indirect exposure to trauma can have a detrimental psychological impact on professionals working within, and interfacing with, law enforcement and the criminal justice system. This systematic review aimed to explore the extent and predictors of work-related distress amongst community corrections personnel. A search of five databases identified 19 papers eligible for inclusion; 16 addressed burnout, and the remainder investigated secondary trauma, vicarious trauma and compassion fatigue. Synthesis revealed that community corrections personnel reported burnout at levels akin to those of other professions working in forensic contexts, though reports of secondary trauma appeared higher. Predictive factors encompassed personal, role-based and organisational factors. Research reporting work-related distress in correctional officers is focused on burnout but uses divergent models of stress, reveals methodological weaknesses, and to date has little examined responses to indirect trauma. The limitations of this review are discussed, alongside clinical implications and areas for future research.

Prevalence and predictors of secondary trauma in the legal profession: a systematic review

There has been increased scrutiny of occupations that less obviously experience adverse impacts from indirect exposure to trauma. In legal professions, repeated exposure to clients who have experienced trauma comprises a significant part in the role of lawyers, attorneys, solicitors and judges. The current review aimed to explore the prevalence and risk factors of secondary trauma reported by such legal professionals. A systematic search using seven psychological and legal databases elicited 10 articles for review. Quality appraisal revealed several methodological frailties in the reviewed articles. Thus, the findings should be interpreted with caution. Results indicated comparatively high prevalence of secondary trauma in legal professionals, and highlighted predictors and correlates of secondary trauma (gender, work experience, personal trauma and level of exposure). The review emphasised significant variability between the studies making systematic comparisons challenging, as well as the need for further conceptually consistent and scientifically robust studies.

Australian lawyers' experience of exposure to traumatic material: a qualitative study

Lawyers experience significant levels of psychological distress. We argue that one reason, which has received insufficient attention from researchers, is their exposure to traumatic material. Our study examined the lived experience of lawyers who are exposed to traumatic material, including the role their organisation and profession play in shaping their experiences. Thirty-five lawyers or barristers, from both the public and the private sector, participated in in-depth interviews about how their exposure to traumatic material affected them, and how their organisation shaped their experiences. Our analysis identified six themes: when material becomes traumatic, fear of stigma, everyday recovery, boundaries through denial and distancing, using social support normatively and making meaning. Our findings identify that lawyers can experience strong emotional reactions to traumatic material, and their experience is influenced by the professional norms and training in law. Moreover, their organisation has an important role in either ameliorating or exacerbating their responses.