'Justice in action' student Diane Bespalyi investigates further into vicarious trauma after being involved in our criminal justice clinic project.
What is vicarious trauma?
This question was asked during a training session for the Criminal Justice Clinic…there was a vast array of replies. It became apparent vicarious trauma is stealthy, can transmute into any emotion it likes whilst blending in seamlessly in the background or emerging from nowhere.
I asked myself ‘how can you have trauma if you were not the person directly experiencing the traumatic event or how can other people’s trauma become yours?’….well it happens and this is vicarious trauma (VT).
I decided to delve deeper. In sterile terms, you never truly become the victim of the traumatic event. In a sense, you are merely a third party who has been exposed to the details of the event. Whilst being exposed to the details of the traumatic event you may have an intense reaction due to this exposure. Peter’s (2001, pg.396) explains the “transformation in the inner experience of the [lawyer] as a result of empathic engagement with survivor clients and their trauma material.” and continues to clarify it “is not something that clients do to us; it is the human consequence of knowing, caring, and facing the reality of trauma.”(1)
So how does this happen? One word ‘counter-transference,’ the definition in the dictionary is the 'emotional reaction of the [lawyer] to the subject's contribution,’ basically you have the ability to connect with others and their feelings. VT arises when your boundaries have failed to keep your feelings separate from the individuals you are helping.
An example of this is ‘The Raging River’:
A client lives in the centre of a raging river. His lawyer stands at the edge of the river as a huge boulder is dropped just in front of the river dweller. The client is knocked down by the immediate towering wave that the boulder creates. The waves completely envelop him, washing over him, the impact of the rushing water topples him each time the river dweller struggles to right himself. Once he regains balance, the wake of the splash continues to wash over him, occasionally overpowering him and toppling him again. The lawyer standing at the periphery of the river is struck by lesser waves and ripples, to a much decreased or milder extent. The waves she receives are vastly different in amplitude, but similar in shape and character to the initial waves. The lawyer also stands at the intersection of many such rivers, receiving similar waves and ripples from many directions. The lawyer’s reaction to standing with the client in the raging river is the lawyer’s counter-transference reaction to the client. The cumulative effect of standing at the periphery of many rivers with many clients and its effect on the lawyer over time is vicarious trauma.(2)
Writers on stress and vicarious traumatisation emphasise that they are ‘occupational hazards both intrinsic to this work and unavoidable.(3) So how do you know if you are showing signs of VT? The symptoms are unique to each person, according to the BMA (4) you need to watch out for anxiety, grief, irritability, lack of sleep, being withdrawn and even perceiving your job differently are signs to name a few. Not only can you be affected emotionally but also physically your body will show it is affected with ulcers, cold sores, and headaches.
It has become apparent that at some point in the career of law there will be one client or incident that will break your boundary and creep through your professional layer. So, how do you take responsibility to minimise this? An example Peter’s (2001, pg.396) offers is a car accident:
We have all heard of drunk drivers, however, being drunk may not have been the final factor that causes the accident. So, if being drunk, radio blaring, children fighting in the back seat, your thoughts are with work, you are tired, and the sun is in your face these are factors that can cause the accident. However, if you are able to reduce the chances of this car crash by wearing sunglasses, sleeping, turning the radio off, choosing not to drink, controlling the children to allow you to focus on driving’ there will be no accident.(5)
The first factors in the example accumulated together are enough to break the camel’s back, the latter part demonstrates how to take ownership and responsibility and therefore no car crash. Recommendations for creating boundaries range from writing a journal, enjoying ‘ME’ time, and making sure you take time away from work. If you feel you need to talk, seek counselling or therapy, do so as it is a safe confidential place from this you can also learn coping mechanisms and ways to create a stronger boundaries.
So, to keep VT at bay and to ensure I keep the empathy which allows me to eradicate the wrongs inflicted on clients, it is essential I keep my happiness. Whether it is baking, reading, walking, or a day doing ‘nothing’ …. I shall do it. Once that suit of ‘professional armour’ is taken off, I am able to allow my own personal joy to become my key coping mechanism to fight the injustices of the world each day.
(2)Clinical law teaching materials from Sue Bryant and Jean Koh Peter - https://fivehabitsandmore.law.yale.edu/jeans-materials/vicarious-trauma/concepts-in-vicarious-trauma/
(3) https://fivehabitsandmore.law.yale.edu/jeans-materials/vicarious-trauma/concepts-in-vicarious-trauma/
(4)https://www.bma.org.uk/advice-and-support/your-wellbeing/vicarious-trauma/vicarious-trauma-signs-and-strategies-for-coping
(5)Jean Koh Peters, Representing Children in Child Protective Proceedings: Ethical & Practical Dimensions, pg., 396 (2nd ed., 2001).