Compassion fatigue: when caring as a lawyer starts to hurt

Learn more about compassion fatigue, a growing mental health issue among lawyers, including the key warning signs and practical coping strategies

Compassion fatigue: when caring as a lawyer starts to hurt
There many ways to address compassion fatigue in the legal profession
Contents
  1. What is compassion fatigue for lawyers?
  2. Who is at risk of compassion fatigue?
  3. What are the common causes of compassion fatigue for lawyers?
  4. What are the strategies to cope with compassion fatigue?
  5. Compassion fatigue: Keeping the lawyer's heart in practice

Compassion fatigue can sneak up, even on the most capable lawyer. When one hard case turns into hundreds, you can suddenly feel like your empathy has run dry.

In this article, we will discuss compassion fatigue for lawyers, its common causes, and coping mechanisms that individuals and law firms can use to address it.

What is compassion fatigue for lawyers?

Compassion fatigue is stress that develops when you spend a large part of your career with clients' on their worst days, and when those stories begin to alter your own sense of safety, trust, and justice. This shift can affect how you see your clients and the justice system, and can spill over to your personal life.

In other words, it occurs when a caring person spends years working face to face with trauma, without enough protection for their own mental and emotional health.

However, compassion fatigue can affect not only lawyers, but also others across the legal profession. For instance, judges may spend weeks on cases that involve disturbing testimony, autopsy reports, or recordings, and some report reactions that echo post-traumatic stress.

It also goes by a lot of similar names, and one of which is secondary trauma. Learn more about it and its signs with this video:

Bookmark our Practice Management page for more legal resources tailored for Ontario lawyers and law firms.

Also called "vicarious trauma"

Another term often used for compassion fatigue is vicarious trauma, because another persons' trauma can begin to feel like your own. This happens when you develop trauma-like symptoms yourself after being repeatedly exposed to your clients' trauma.

It can also be your natural emotional and behavioural response after hearing a traumatizing event that someone else has lived through. In short, you are affected by the story, not by the event itself.

Compassion fatigue vs. burnout

These two issues often show up together for lawyers, but they are not the same thing:

  Compassion Fatigue Burnout
Definition Compassion fatigue includes exhaustion from burnout, but it also reflects the impact of working so closely with clients who have lived through trauma. Burnout grows from long‑term stress and heavy workloads that leave a person mentally and physically exhausted.
Causes Related to clients and their suffering. Main cause is client trauma exposure (e.g., ongoing contact with victim stories, disturbing evidence, distressed clients, painful hearings) Related to one's working conditions. Main cause is workload and system stress (e.g., long hours, heavy caseloads, constant deadlines, limited control over work)
Experience Shaken worldview, where one's sense of safety, trust, and justice shifts after years of dealing with trauma cases. Exhaustion and depletion, such as mental and physical energy feel empty, with little left for work or home.
Signs Burnout and trauma features, such as intrusive memories, strong reactions to evidence, pessimism, and loss of meaning in the role. Stress and exhaustion, including constant tiredness, irritability, sleep problems, reduced performance, or less interest in work.

In practice, many lawyers in high-emotion practice areas feel both at the same time.

Who is at risk of compassion fatigue?

Depending on your daily tasks and workplace, there are many factors that can put you at a higher risk for this kind of mental fatigue:

  • based on personal circumstances: this can make other people more vulnerable, such as those who are already diagnosed or showing signs of depression or other mental illness
  • those with high exposure to trauma: those who have repeated exposure to graphic materials (e.g., evidence, affidavits), violent events, and clients with distressing experiences
  • lawyers with little to no support: those who have little knowledge of this matter, or who receive minimal support from peers, or was not oriented about it by their higher ups
  • some personal traits are more prone: some traits may increase risk, including perfectionism, workaholism, being overly dedicated, and having very high expectations of oneself

Practice areas where compassion fatigue is common

Certain practice areas carry a higher risk of compassion fatigue than others. Risk is the highest in high-emotion practice areas, especially where client suffering and graphic evidence are a routine feature of the work.

According to the research report called Towards a Healthy and Sustainable Practice of Law in Canada, the practice areas with the most exposure to high emotional demands include:

  • criminal justice
  • child and youth law
  • family law
  • elder law
  • immigration law

This research report was carried out by the Université de Sherbrooke, the Federation of Law Societies of Canada (FLSC), and the Canadian Bar Association (CBA).

What are the common causes of compassion fatigue for lawyers?

Compassion fatigue starts with simple repetition, when every day brings in more client stories about violence, loss, family breakdown, or human rights violations. Over time, that steady exposure to trauma can erode your own sense of safety and well-being.

Firm's workload and work culture

A firm's workload and work culture can also play a major role in compassion fatigue. As such, every day "work" can be one root cause, along with long hours, high file volumes, and constant deadlines.

Leaving the office late, going home alone, and mentally replaying the day until bedtime can create a tight mental loop with no break, leaving you in a cycle that is difficult to escape.

External causes as contributors

Outside the office, habits such as watching violent TV shows, graphic news, or constant crime stories can add to emotional fatigue when layered on top of an emotion-heavy legal practice. This makes it harder for the mind to rest, even after the workday ends.

What are the strategies to cope with compassion fatigue?

Statistics show that compassion fatigue is a common occupational hazard in the legal profession, not just a rare personal problem. More than half, or 56.2 percent, of the participants of the same research report say that they gradually drain their emotional resources until they experience burnout from this compassion.

The report recommends that legal professionals should:

  • prepare in dealing with high emotional demands
  • update their skills to benefit from the positive effects of compassion

We will discuss below some of the methods that you and your firm can do to address this mental health issue. In any case, here's another video that discusses compassion fatigue and how to see if you have it:

Bookmark our Practice Areas page for updates on Ontario's legal scene, with features across the areas you practise in.

Using mental health resources from different organizations

You can check out these resources to help you and your firm prevent and address compassion fatigue:

  • Personal Management Guideline: maintained by the Law Society of Ontario (LSO), this Guideline helps you recognize signs of mental illnesses, addictions, and stress, including strategies to manage lawyers' well-being
  • Continuing professional development (CPD): several CPD-accredited programs offer topics on mental health issues and lawyers' well-being, such as those offered by the CBA

These resources can also be a starting point for creating or improving firm policies to help manage vicarious trauma.

Creating law firm policies

Here are some examples of policies or strategies that your law firm can adopt to address compassion fatigue:

  • file rotation and workload diversity: avoid giving one person a steady diet of the most traumatic files, and create paths to rotate into less intense work when needed
  • clear vacation and leave practices: encourage firm staff to take full holidays, unplug from their emails, and use personal days when signs of strain start to appear
  • mentoring about boundaries: train senior lawyers to model healthy limits with clients and staff, such as reasonable availability and clear communication norms
  • stigma-free reporting channels: create safe ways to say "this file is too much right now" or "I need a break," without fear that competence or commitment will be questioned

Having peer support and mentoring

Strong social support is one of the most helpful tools, especially since collegial discussion is one of the most effective stress reducers. Examples include:

  • having a "buddy" judge or lawyer as a vital contact, as long as they are available, non-judgmental, and completely trustworthy about confidential issues
  • regular coffee chats, walks, or brief calls during a trial give space for honest emotional reflection, while still protecting privilege

It also helps to maintain friendships, hobbies, and activities outside law as a breather from heavy daily tasks.

Seeking professional help

Therapy and counselling are normal forms of support, not just a last resort. If you're at high risk for vicarious trauma, you may benefit from having a professional counsellor in place, even if you currently feel "fine." This can also be a preventive measure, as well as a response when symptoms of compassion fatigue or vicarious trauma show up.

Compassion fatigue: Keeping the lawyer's heart in practice

When caring begins to hurt more than your time in court, you may be experiencing a mental health issue that professionals have given a name: compassion fatigue. For many lawyers in Ontario, the next step is small and concrete, such as an honest talk with a colleague, a call with a mental health professional, or a planned break from the hardest files. In the end, paying attention to your mental health today can help protect your capacity to care, one case after another.

Visit our Events page for upcoming conferences and gatherings where compassion fatigue and vicarious trauma are on the agenda.