Addressing Secondary Trauma in the Legal Profession

By Annie T. Le* on November 8, 2022

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Introduction

“The raging river is the client’s life . . . . The boulder falling is the trauma occurring. The image of secondary trauma is a lawyer standing in the river. They don’t get hit by the boulder, but they feel the ripple effect.” – Jean Koh Peters[1]

California Rule 1.1 of Professional Conduct requires a lawyer’s competency, not just education and skills, but also “mental, emotional, and physical ability.”[2] Stress can negatively affect mental and emotional ability, and a high level of stress is known to be associated with the legal profession.[3] While being invested in the clients’ cases and showing empathy, lawyers sometimes absorb clients’ suffering. Over time, repeated exposure to the first-hand traumatic experiences of others may lead to secondary traumatic stress, also called secondary trauma.[4]

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Turn Asylum on its Head and Presume Eligibility

By Bill Ong Hing on September 25, 2022

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Introduction

 
Thirty-five years ago, I was fortunate to be part of the litigation team that won big before the U.S. Supreme Court in Immigration and Naturalization Service v. Cardoza-Fonseca,[1] the case that established that asylum applicants “need not prove that it is more likely than not” that they will be persecuted in their home countries in order to prevail.[2]

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