Compassion fatigue is an often overlooked, yet increasingly prevalent, issue in the legal profession. Attorneys are often exposed to the trauma and life-impacting circumstances of others. Over the years, this emotional weight can erode an attorney’s sense of empathy, purpose, and well-being. As the legal field continues to look for ways to address lawyer wellness, identifying, understanding, and combatting compassion fatigue will be essential not only for individual attorney well-being but also for ethical and effective advocacy within the profession as a whole.
The American Bar Association defines compassion fatigue, in the context of the practice of law, as “a state of emotional, physical, and mental exhaustion caused by prolonged exposure to trauma and stress experienced by clients, often leading to a diminished capacity for empathy and a decline in overall well-being.” It is also referred to as vicarious trauma, secondary traumatic stress, second-hand shock, and secondary stress reaction. It differs from burnout.
Compassion in the practice of law is essential, as it enhances client relationships, improves communication, and leads to more effective advocacy. It allows lawyers to understand the human element in each case, leading to a better appreciation of client desires and needs. With compassion, attorneys can tailor their arguments to individual clients, establish trust with those needing assistance, and promote a more positive perception of the legal system. But the practice of law invariably—and all too frequently—exposes lawyers to human-induced trauma and suffering experienced by clients and their families, combined with demanding workloads and inadequate support systems. In those situations, the normal benefits of compassion can lead to compassion fatigue.
Compassion fatigue is especially prevalent in attorneys engaged in high-stress practice areas such as criminal, domestic relations, and public interest law. This is not surprising, as these lawyers, unfortunately, are frequently confronted with the traumatic circumstances experienced by their clients, including violent crime, serious child abuse and neglect, fault-based divorce, and the food and shelter challenges many impoverished individuals confront on a daily basis. It is almost impossible not to be personally affected through these vicarious experiences.
While burnout builds over time and results in work dissatisfaction due to work-related stress, compassion fatigue can result in lawyers being harmed—physically, mentally, and emotionally—by the work they do. It can negatively affect their perceptions and worldview.
Symptoms include emotional and physical exhaustion, irritability and anger, impaired judgment and difficulty concentrating, a diminished capacity for empathy, and even substance use.
The deleterious effects of compassion fatigue make it imperative that attorneys know how to combat this malady. Effective strategies include prioritizing self-care, establishing healthy boundaries, cultivating resilience, and seeking support when needed. All of these strategies at times are easier said than done but having a road map of resources is the first step to being able to prevent or respond to compassion fatigue.
Prioritizing self-care can take many forms. For most, eating balanced meals, getting sufficient sleep, and exercising can bring joy and relaxation, which may serve as a welcome distraction from the baggage we carry from court and our clients. For some, practicing mindfulness through mediation or focusing on the present can be beneficial. For others, setting aside time each day for a hobby and honoring that self-care time can create a necessary boundary. The law will consume our lives if we let it, so prioritizing self-care must be intentional.
Establishing healthy boundaries is another way to address compassion fatigue. Some aspects of compassion fatigue can relate to oversharing with clients beyond what is actually necessary or relevant to their representation. Managing expectations at the onset of the attorney-client relationship and explaining what the representation will and will not entail can prevent—or at least mitigate—the unnecessary sharing of hardships that are irrelevant to the limited scope representation.
One way to better prepare for compassion fatigue is to cultivate resilience. Recognizing that we may be challenged with compassion fatigue, we can talk to trusted colleagues, mentors, or professional counselors about challenging cases or difficult client situations. Knowing that we are not alone in the struggle can build confidence and resilience. We can practice positive “self-talk” and reframe negative thoughts into positive challenges and opportunities. And we can be reassured knowing that we are positively impacting others and achieving outcomes that will change our clients’ lives for the better. After all, isn’t that why most of us went to law school in the first place?
Seeking support can seem like the hardest part of dealing with compassion fatigue, but there are a plethora of available resources that make requesting assistance less daunting. More informally, we can talk to trusted colleagues, mentors, or professional counselors about challenging cases or difficult client situations. If additional support is needed, engaging in therapy or counseling to address the emotional toll of the profession may be beneficial. Participating in support groups with other legal professionals who understand the unique challenges of the profession can also provide moral support and encouragement. Some states also offer anonymous programs for lawyers who need help with mental health or substance use issues, which can stem from the stress of compassion fatigue.
Preserving empathy and compassion lead to a more ethical and effective practice of law. At its most extreme, those suffering from compassion fatigue may exhibit symptoms that include ignoring case responsibilities and deadlines because the attorney feels numb or uninterested. Less drastically, and perhaps more pervasive, compassion fatigue can impair creative thinking and emotional engagement in cases, which can lead to less effective practice. These are real consequences that affect not only attorneys, but their clients.
Preventing compassion fatigue can seem overwhelming. Like many tendencies and biases, the first step is to recognize the very real possibility of compassion fatigue. In the workplace, preventing compassion fatigue starts with 1) fostering a workplace culture that encourages open communication about mental health and well-being, 2) providing resources and training on compassion fatigue and self-care strategies, and 3) encouraging a supportive environment where lawyers feel comfortable seeking help without stigma. Implementing these steps in the workplace can help attorneys in need of support and also reduce attrition. Together we can address compassion fatigue and continue to help those most in-need within our communities. By doing so, we will improve the well-being of lawyers and our profession.
Judge David W. Lannetti is a circuit court judge in Norfolk, Virginia (Virginia’s Fourth Judicial Circuit). Jennifer L. Eaton, Esquire, is a civil litigator and principal at Woods Rogers Vandeventer Black PLC. Lannetti is a past president, and both he and Eaton are members of the James Kent American Inn of Court. The views advanced in this article are those of the authors alone and should not be mistaken for the official views of the Norfolk Circuit Court or Woods Rogers Vandeventer Black PLC.