Navigating Emotional Challenges in the Legal Practice of Family Law: A Study of Burnout,Emotional Coping Strategies,and Competencies Using Grounded Theory.
文摘
Prior researchers have investigated many aspects of the psychological costs of fighting for a living,with burnout being a commonly reported outcome as lawyers subsume personal feelings in pursuit of zealous advocacy. The legal practice of family law in particular is fraught with a complex set of challenges as attorneys wrestle with an emotional and distraught clientele. In this qualitative study,the author explored burnout,stressors,experiences,skills and competencies,and emotional coping strategies of 14 family law attorneys. Using grounded theory,the author identified a series of stressors that include workload pressures,frustrations with an underfunded court system,the emotional nature of the clientele,and the presence of threats to the attorneys personal safety. Burnout was measured using the Maslach Burnout Inventory MBI) Maslach,Jackson,& Leiter,1997,3rd Ed). Despite the stressors,participants have developed strategies to cope with the challenges that appear mitigate burnout. Most significant is the control over their clientele,both from the initial screening to the dismissal of non-cooperative or threatening clients. This is consistent with the findings on the MBI which report little to no burnout and very high scores for personal accomplishment that are consistent with reported high satisfaction and strong commitment to their field of practice. Contrary to most other legal practice areas in which the ethical requirement to represent clients with zealous advocacy may result in the attorney arguing for positions with which he or she may personally disagree,this group of lawyers will refuse to take actions that they believe will negatively affect the welfare of involved children. This allows them to be consistent with their own personal moral or ethical code. Other approaches to successful management of a family law practice include those that mitigate burnout,such as planful problem-solving as they try to determine how to best resolve the issues at hand,and a deep commitment to the welfare of families as they coach them through the turmoil of a divorce towards a new life. The competencies identified will assist law students or lawyers as they consider whether or not to enter the practice of family law.