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Doubt manifests in many different ways for lawyers. Self-doubt can be a debilitating force for members of the profession, although it’s something many wouldn’t talk about.

So High Court Justice Jacqueline Gleeson sought to open the curtains on the issue, in her recent address at the annual Minds Count Foundation Lecture. 

The Minds Count Foundation is an independent charitable organisation, working to decrease work-related psychological ill-health in the legal community. 

Since 2006, its annual lecture has provided a forum to discuss mental health in the profession.  

Hosted by the Federal Court in Sydney, Justice Gleeson’s 2024 address was titled, ‘When Minds are Traitors’, which was taken from Shakespeare’s Measure for Measure. 

“I wanted to point out that self-doubt is a perennial issue, and I also thought that it was important to come up with an attractive title,” she said. 

“I was not searching my memory bank of amazing lines by literary geniuses.” 

Minds as traitors

The in-person audience and those watching on a live stream were told the idea of ‘minds as traitors’ concerns cognitive distortions. 

“When I think of my own mind as a traitor, what I’m referring to is habits of thought that increase misery, fuel anxiety and make me feel bad about myself,” said Justice Gleeson. 

The audience was told the issues go beyond self-doubt or imposter syndrome. 

“In simple terms, my message tonight is do not believe everything you think, particularly if you are upsetting yourself. 

“What I’m talking about is doubt that does not assist in doing good legal work, rather that gets in the way of doing good work and living a satisfying life.” 

When doubts are helpful

Justice Gleeson hastened to point out the role of “healthy and appropriate doubt” in the exercise of good legal judgment. 

“Doubts are not always traitors. The law can be complex, especially when applied to people and situations,” she said. 

“Doubts generate the intellectual inquiry and rigour that lies at the heart of legal reasoning.” 

Justice Gleeson also pointed out the usefulness of self-doubt in motivating people to overcome weaknesses and attaining high achievement.  

Suits of armour

But she questioned the impact of a culture which admires strength and one that shows impatience and even contempt for weakness. 

“Although there’s more and more recognition of the values of authenticity and vulnerability, many in positions of power are clothed in psychological suits of armour.” 

Justice Gleeson said this was because people like judges tend to have a strong sense of responsibility to their institution as well as to their oath or affirmation. 

But she observed this could have the effect of leaving “junior practitioners wrestling with self-doubt” thinking they are “the only ones in that situation”. 

“[W]hen senior members of the profession are unwilling or unable to acknowledge self-doubt, they are poorly placed to nurture colleagues who experience imposter syndrome or other forms of self-doubt.”  

Imposter syndrome

Justice Gleeson recalled first hearing about imposter syndrome when an old friend went to the bench. 

About a year after her appointment, the friend confided that she was riddled with self-doubt and was experiencing imposter syndrome. 

“I was gobsmacked,” said Justice Gleeson. 

“I’d known this woman for many years. She was a terrific lawyer, with decades of great courtroom experience, brimming with integrity, utterly committed to the discharge of her role, working like a navvy, and although I hadn’t seen her in court, the gossip was that her courtroom management was second to none,” she said. 

“I’m happy to say that for this woman, it was a passing phase, although painful at the time.” 

Justice Gleeson said she had often reminded herself of the good luck she had experienced throughout her legal career. 

“[W]hat I was also saying to myself is that I do not deserve my career.” 

Not defeated

But she also offered words of encouragement. 

“Having shared ways in which I believe that my mind has betrayed me over the years, I think that it’s only fair to claim, and hope you will accept, that I have not been defeated by my propensity for self-defeating thoughts.” 

Justice Gleeson said she had benefited from psychological counselling over the years. 

“Once exposed, those sources of angst can dissipate almost immediately,” she said. 

Other tools she utilises include meditation, rest and exercise. 

The 2024 Minds Count Lecture and a panel discussion that followed, can be seen here.