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Part IV
Advanced Applications of Theory to Family Law Practice
surprising that family law professionals face a very real threat of violence
(Shavit, 2005a, 2005b).
9,10
Family law professionals face the highest risks of licensing com-
plaints and malpractice suits (Benjamin, Gollan, & Ally, 2007; Bow &
Quinnell, 2001; Kirkland & Kirkland, 2001; Kirkland & Kirkland,
2006) within their respective guilds, except for those who are (accused
of) sexually abusing their clients. As much as choosing to walk into
this lion’s den on a daily basis might speak to our developmental needs,
it is simply and finally dangerous.
Least obvious but, I would argue, most prevalent among the dangers
that we face in family law is that of compassion fatigue (see Appendix
V for a brief bibliography).
Compassion fatigue
, also known as
secondary
(or
vicarious
)
traumatic stress disorder
, is the combination of help-
lessness, hopelessness, decreased energy, and depression-like symptoms
that professionals who work with victims often acquire. It is the feeling
that one’s caring muscle has become atrophied. It is that disrespectful
and even depersonalized ennui that can prompt a seasoned judge or
guardian ad litem, mediator or evaluator to make a rash statement, to
overlook an important detail, to begin to see case numbers and numbers
of cases rather than names. These experiences, in turn, lead to anxiety
and self-doubt and even self-loathing:
Some individuals can tolerate the uncertainty of the legal process, while
others find it overwhelming and maddening. For these individuals, litiga-
tion is a traumatic experience creating sleepless nights and agonizing days
filled with obsessive thinking, panic attacks, and fear. Intrusive thoughts
of the legal case can invade daily activities and disrupt evening dreams.
It is as though time has stopped for everything else. (Cohen & Vesper,
2001, p.5)
11
Family court attorneys (in any role) may be at particularly high risk
for compassion fatigue (Rhode, 2006). Loners and isolative by nature,
rational and logical/sequential to the exclusion of facing the weight
of emotional experience, often lacking training about boundaries and
generally averse to seeking therapy, attorneys often turn to substance
abuse and even suicide as a result (Sells, 2002). In fact, these short-
term and maladaptive coping strategies only compound the risk (Way,
VanDeusen, Martin, Applegate, & Jandle, 2004).
Sinclair (2006) quotes one Canadian family law attorney:
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