The work of a lawyer can be demanding, and not simply in an intellectual sense. Emotional stakes can run high, and client trauma may intertwine with a practitioner’s own psychological well-being. The Honourable Robert Benjamin AM SC offers invaluable insights on the essential, yet overlooked, skill of professional debriefing.
Drawing from his distinguished career on the bench and as counsel, his approach transforms debriefing from a personal indulgence into a professional necessity—one that enables lawyers to maintain both their effectiveness as advocates and their resilience as individuals navigating a profession known for its psychological demands.
The Honourable Robert Benjamin AM SC has used professional debriefing as a way to manage the often emotionally confronting and draining work.
Understanding trauma
"All of us carry some sort of trauma, burdens of some description,” Robert says. “We know from the Adverse Childhood Experience study published in 2003, and a plethora of other studies, that about 66% of us suffered a serious trauma in our childhood. About a quarter of us experienced sexual abuse, and about a third of us experienced violence or viewed violence. A large percentage of us suffered neglect. Neglect might be emotional. It might be somebody who doesn't give you the love and affection you need as a child."
“Understanding your own trauma means you’re better able to understand how you react and why you react. Most people don’t finish until their mid to later 20’s. The brain stops developing when you’re 25 or more, so that’s when growing up ends. Who are you? Work it out.”
He is in favour of seeing a psychologist or counselor to learn more about the self.
“Talk to a psychologist,” Robert urges. “We sometimes tend to swallow our emotions, which means it ends up being expressed as anger, or not responding at all, or anxiety, sometimes alcohol or substance abuse. You might be the kind of anxious person who wants to please all the time. This can make you difficult at home, difficult at work, and difficult to be around.”
Starting with understanding who you are can help you understand why you’ve responded in a certain way to a conflict or tense situation, the kinds of emotions which are inevitable in the life of a lawyer.
Don’t be afraid to see a psychologist
Robert believes all firms should provide access to some sort of psychological assistance.
“If you broke a leg, you would go see a doctor. You wouldn’t say, ‘real people don’t break their legs!’ When you are under pressure and it results in anger, or higher anxiety, don’t be afraid to seek help and see someone.”
He also encourages lawyers to lean on their most immediate relationships.
“Half of the fun of being in a relationship is being able to lean on each other from time to time,” Robert says. “Then there’s the business side of it. Consider having an informal debrief in your office. Go see your colleagues and admit, ‘This really bothered me. It’s been a brute of a day.’”
Find two mentors, a senior and a peer
It can also be worth seeking more formal mentors.
“These are practical things we don’t learn in law school,” Robert says. “We learn with good mentors, both mentors we perceive are at our level and mentors who are more experienced than we are.”
“If you can go to a mentor and say, 'How do I do this?' Everyone has their own approach which fits their personality and their style,” Robert explains.
“Somebody who has been in the profession for a long time might have a bit of wisdom. Having a mentor at your level can be useful because one of the problems of going to a senior mentor is that you fear being told you’re wrong, you’re an idiot, or exposing (in your mind at least) that you don’t know. A good mentor won’t do that, but having a couple of mentors allows you to choose who fits the situation. Often you can use these mentors in advance of a problem, which is helpful.”
And remember, there are no wrong questions with a mentor.
Create opportunities for casual debriefs
"When I became a judge in Hobart, I was doing really difficult work and nobody else worked on my floor,” Robert says. “I don't drink coffee, but I bought a really good quality cappuccino machine, bought milk every day, and said to other people in the building, 'There's a cappuccino machine on my floor, would you like to have coffee?'”
In this way, Robert encouraged casual conversations that often led to opportunities for innocuous chat, as a form of debrief.
“It’s often things like finding out if their football or netball team won on the weekend, or if their baby is sleeping through the night. It’s just a debrief you might do at the beginning or end of the day, in a casual sense.”
Robert also developed rituals to wind down.
“I used mindfulness – to sit and feel your toes, through your legs, arms and out the top of your head. This was a good way to ensure that when I left the office, I left in a relatively calm state,” Robert says. “Or it could be a glass of water and some biscuits at the end of the day just to wind you down.”
As he found himself alone in Hobart (having moved from Sydney) and involved in emotionally and mentally exhausting work, Robert made sure to make time to finish the days well.
“I’ve never been a good cook, so I bought a Thermomix. It’s like cooking by numbers. At the end of day, sometimes a particularly brutal day, I’d buy a source of protein – a piece of fish or lamb – and some fresh vegetables, and cook a meal. I’d sit down with a knife and fork, the TV off with some music on, and just have a quiet meal.”
This focused activity enabled Robert to move out of his work mind - to be calm and return to himself.
Set-up formal debriefs with colleagues
In addition to casual debriefs, establishing formal opportunities to debrief with colleagues can prove fruitful too.
"Set up some formal sessions, just little ones,” Robert says. “In the firm I used to work for a lifetime ago, we had our Wednesday morning session to bring out our toughest cases. You could say, ‘I’m struggling with this. How can we solve it?’ By bringing it up, someone will usually say, ‘I’ll help you with it’, or ‘I’ll take it from you,’ or ‘What skills do we need to develop so this isn’t such a problem?’”
As Robert explains, this process helped lift the burden from one’s shoulders, and it was also good for the firm because it meant difficult files did not sit in a corner and fester.
“When things really go wrong, you can have a formal debrief session,” Robert recommends. “You might do this with a counselor.”
During his time as a Commissioner, a witness, who was very ill, collapsed during cross-examination.
“Fortunately, we had a room full of doctors and nurses who looked after the witness,” Robert says. “We also had a plan in place to look after us psychologically. We gathered all the barristers and solicitors, and had a psychologist available, and we talked through how we felt, and how it affected us. This was a really powerful thing to work through. It enabled us to better manage the trauma and vicarious trauma.”
Your wellbeing as a lawyer is not a luxury. Taking the time to find ways to debrief, both casually and formally, with mentors and peers, can make all the difference in building your resilience.
Also, learn to value the ‘glimmers of good news’ that you encounter in your practice.
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