The family law culture that needs to change to protect lawyers

But addressing that toll requires more than asking individual lawyers to become better at managing the pressure, according to Brintyn Smith, barrister and mediator at Brintyn Smith Barrister.

Smith has called for a broader cultural shift across family law, urging firms and the wider profession to rethink the expectation that excessive workloads, long hours, and constant availability are badges of professional commitment.

“The most significant change required is cultural,” he said.

“There remain parts of the legal profession in which excessive workloads, long hours and constant availability are treated almost as evidence of professional commitment.”

These deep-rooted expectations, Smith explained, can foster a culture where lawyers feel compelled to keep pushing forward, even as the emotional and physical demands of their work begin to take a toll.

“Lawyers can feel pressure to demonstrate that they are coping regardless of the circumstances, and acknowledging that a case or experience has affected them can still be perceived as a sign of weakness,” he said.

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Smith argued that this perception needs to change, with acknowledging the impact of a difficult case viewed not as evidence of incapacity, but as a reflection of professional awareness and sound judgement.

“That culture needs to change. I would like us to reach a point where a lawyer saying, ‘That case affected me’, is regarded as evidence of self-awareness and sound professional judgement rather than incapacity,” he said.

Wellbeing cannot be left to lawyers alone

While individual wellbeing strategies can help lawyers navigate the demands of family law, Smith warned that the responsibility for wellbeing cannot simply be placed on practitioners to become more resilient while the conditions around them remain unchanged.

Mindfulness, exercise and other personal strategies can be valuable, he argued, but they can only go so far when lawyers continue to face excessive workloads, poor supervision and unhealthy workplace cultures. “There is a real risk in encouraging lawyers to practise mindfulness, exercise, or develop greater personal resilience while leaving the underlying working environment unchanged,” he said.

“Individual strategies are valuable, but they cannot compensate indefinitely for excessive workloads, poor supervision, unsafe workplaces, or unhealthy professional cultures.” Instead, Smith believes firms need to take greater responsibility for creating environments where lawyers can perform at their best without being expected to sacrifice their wellbeing in the process.

“Family law firms should be actively considering workload, supervision, opportunities for reflective practice, psychological safety and access to appropriate professional support,” he said.

That responsibility extends to senior practitioners, who Smith said have a particularly important role to play in shaping how younger lawyers experience the profession.

Rather than focusing solely on whether a junior lawyer has completed their work correctly, he argued, senior practitioners should also be willing to create space for conversations about the personal impact of the work.

“Younger lawyers, in particular, need senior practitioners who are willing to discuss not only whether the legal work was technically correct, but also how the work is affecting them as people,” he said.

“Seniors need to understand their extreme position of influence.”

Making trauma-informed practice the norm

For a profession in which lawyers can be repeatedly exposed to traumatic material, Smith also believes understanding the effects of that exposure should become a routine part of family law practice.

He called for trauma-informed education to help practitioners recognise secondary and vicarious trauma, as well as the potential impact sustained exposure can have on judgement, relationships and wellbeing.

“I also think trauma-informed education should become a much more ordinary part of family law practice,” he said.

“Lawyers who are repeatedly exposed to traumatic material should understand secondary trauma, vicarious trauma, and the ways in which sustained exposure can affect judgement, relationships, and wellbeing.”

Smith stressed that understanding the impact of trauma should not be viewed as an optional extra, but as an important part of the knowledge and skills needed to practise family law effectively.

“That knowledge is not peripheral to professional competence; it supports it,” he said.

‘Kindness deserves greater recognition’

Alongside structural and cultural changes, Smith argued that the profession also needs to rethink its definition of strength, particularly in an environment where toughness and the ability to withstand pressure are often prized.

He called for kindness to be recognised as a professional strength, stressing that lawyers can be robust, direct, and highly effective advocates while still treating clients, colleagues, opposing counsel, and junior practitioners with dignity.

“Finally, I think kindness deserves greater recognition as a professional strength,” he said.

“Kindness does not mean weakness, passivity, or an unwillingness to advocate firmly. A lawyer can be robust, direct, and highly effective while still treating colleagues, clients, opposing counsel, and junior practitioners with dignity.”

Ultimately, Smith argued that creating healthier working environments is not simply about making lawyers feel better – it is about strengthening the quality of legal practice itself.

When lawyers are better supported, he suggested, they are better placed to exercise sound judgement, listen carefully, communicate effectively, and make decisions that serve their clients.

“Ultimately, healthier lawyers are likely to exercise better judgement, listen more carefully, communicate more effectively, and make better professional decisions,” he said.

“For that reason, I do not see lawyer wellbeing as something separate from professional excellence. It is part of professional excellence.”