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Many of you will have heard by now of a condition called vicarious trauma, a psychological injury that can occur when we over-empathise or over-identify with another person’s traumatic experience. There is another danger, however, that is pervasive in the legal profession but which is much less known: moral injury.

Moral injury is a psychological wound that can arise when a person witnesses, perpetrates, or fails to prevent an act or omission that transgresses one or more of their core ethical beliefs or values.

In a profession largely dedicated to mitigating, remedying, and attempting to prevent harmful acts and omissions, moral injury is a very real danger for many of our practitioners. However, because it lies in territory adjacent to vicarious trauma (and because they can often co-exist), it can be difficult to determine which injury you might be experiencing.

For instance, consider a solicitor representing a medical negligence claimant in a matter involving an intoxicated surgeon and a now-permanently-disabled patient. That solicitor could develop vicarious trauma from over-identifying with or being otherwise overwhelmed by their client’s traumatic narrative. However, that solicitor may also be at risk of moral injury in reviewing the evidence of the surgeon’s intoxication, thinking, “This is so wrong. How dare someone do this?”

If you find yourself feeling emotionally overwhelmed by a matter and wondering which of these two burdens you might be experiencing, it can be helpful to pause and identify the origin(s) of your distress. Consider asking yourself: are you personally feeling part or all of the emotional or psychological suffering that your client felt? Or, are you outraged, ashamed, or disgusted by the actions or omissions that contributed to their pain? The former could indicate that you are at risk of experiencing vicarious trauma – the latter, moral injury.

It’s important to remember that, like all psychological injuries arising from traumatic experiences, a person’s development of these conditions isn’t determined by the external event itself – it’s determined by how that individual’s brain responds to it. This response varies greatly and is influenced by countless personal factors unique to each solicitor.

For instance, if your nervous system becomes overwhelmed as you read graphic facts in an affidavit, that can be all it takes to develop vicarious trauma, even if you know logically that your safety isn’t in imminent danger. This often happens when we over-empathise with our clients, or when we experience case material that is reminiscent of a previous trauma in our own lives or the life of a loved one. If you tend to be very emotionally invested in the wellbeing of your clients, or if you have a personal history of trauma, this can put you at greater risk.

Moral injury works in largely the same way. If your brain perceives the ethical trespass as overwhelming and you don’t have the support systems or self-regulation protocols in place to curb persistent feelings of rage, shame, disgust, or guilt from arising in response to it, you will likely be confronted with moral injury. Depending on your personal values, your mental flexibility, and your personal resilience, your vulnerability will also likely differ widely with each matter you take on.

The good news is that there are practices which can effectively limit our risk of developing these injuries. With proper boundary setting, strong self-regulatory skills, and fortified psychological resilience, your risk of developing psychological complications after experiencing potentially traumatic or morally injurious events goes down drastically.

If, however, you believe that you may have already developed vicarious trauma or moral injury, reaching out to a professional can be helpful. While the legal profession often conveys a “That’s the job, it is what it is” mindset, it’s important to remember that personal wellbeing isn’t affected in a vacuum. Productivity and professional efficacy also decrease in conjunction with mental health decline. Taking time to learn and practice resilience-building and psychological safety strategies are crucial steps in protecting oneself as a fit and proper practitioner of the law.

All New South Wales solicitors can access three free individual appointments with a psychologist through the Solicitor Outreach Service by visiting our website. This is a fully confidential service, and your individual usage does not get reported back to the Law Society or your employer. If you aren’t sure whether you might be experiencing undue psychological strain, consider booking a session to get some professional input.

Anna Fischer is the Wellbeing Manager at the Law Society of NSW.