Space to talk

This article explains what reflective practice is, why it is relevant to lawyers in general and why it may become increasingly recognised as an important part of private client law.

What exactly is reflective practice?

Reflective practice, also known as therapeutic supervision or therapeutic/reflective support, is a process where one person steps back and, with a second (usually therapeutically trained) person, talks about their work, the issues and pressures that come up and the challenges they face. By doing this, the practitioner can not only process the impact of the work but also enhance their practice. This is a practice originally taken from the world of therapy that has been increasingly applied in law firms, though it is not currently widespread in private client areas.

It is interesting that other professionals in areas such as therapy are required by regulatory bodies to participate in reflective practice regularly, both to protect their own welfare and to ensure that they are delivering the best possible service to their clients, whereas lawyers, who deal with similarly complex and emotional issues, are not.

Why is this relevant to lawyers?

Many solicitors have communicated to the author that they enjoy the complex problem solving, interpersonal relationships and human psychology involved in their work but find these aspects more challenging than the purely legal, ‘black-letter law’ problems.

Reflective practice provides a space to talk about such challenges. It is an opportunity to examine situations without being as directive- and goal-oriented as, say, coaching, but also in a more focused way than therapy. The focus will be on the stressors, blockages and areas of unease at work, as well as factors outside the office that are having an impact on work.

A number of firms now provide a series of sessions to members of particular teams, and individual lawyers are also arranging their own reflective practice. For some, it involves an initial series of sessions (e.g., six weekly or fortnightly sessions) to address a particular (potentially acute) problem or set of issues, whereas others have monthly or fortnightly sessions on a longer, ongoing basis as a way of maintaining their mental health and improving their practice.

In any event, through the sessions, the practitioner talks to someone completely independent and removed from the situation about worries, stresses and challenges as a way to get to grips with what is really going on and to consider ideas and options and, importantly, learn from it. It could be said that there are two essential elements to the process, as explained below.

Reflecting in a systematic way

If we do not reflect systematically, then we tend to think in ways that do not really take things forward. We may have a few core complaints and worries that simply come back repeatedly, or we might take an overly optimistic approach, thinking ‘when x happens things will improve’. We tend to look for quick fixes that only provide short-term relief or we fixate on symptoms rather than causes.

The therapeutic side

The author’s experience of working with many lawyers at all levels has underlined that most people carry around a set of worries, concerns and fears that often becomes a heavy burden. An essential part of working through these deeper aspects is verbalising them, without holding back, to someone else. This is at the heart of the therapeutic side.

Why is this relevant to advisors?

Although there may once have been an idea of trust, probate and wills work as sedate, this is not the reality for most people now. The reasons for this may include the following:

• Private client work relates to some of the most important aspects of life. Dealing with issues around ageing, family, money, relationships, death and loss is inherently emotional and frequently difficult for clients. It is human nature to pick up on such emotions from others. In the increasingly fast-paced and accessible work environments we all inhabit, practitioners are exposed to such emotions more and more each day.
• There are often specific challenges to private client law, such as balancing competing personalities and interests, commercial pressures around caseload and charging, vulnerability and thorny capacity issues and, often, the reality of encountering death each day (especially for probate lawyers). On top of this, private client lawyers are real people with issues outside of work that add to stresses and pressures.
• Many private client lawyers have expressed that the job has become harder in recent years. Delays at the courts and the probate registry, difficulties with hybrid working in a paper-heavy area and distressed and/or hostile clients have been cited as reasons. The effects of volatile global events are increased for those doing international work. Many private client lawyers have gone above and beyond helping vulnerable clients in challenging and upsetting situations during and after the COVID-19 pandemic in ways that are often not recognised.
• It can also feel difficult for practitioners to talk about struggles, worries and issues with colleagues. Professionals in these areas often say ‘everyone else seems fine’ or ‘everyone else is coping’ (or similar), which leads to the issues being buried and growing in secret for long periods. As a result, professionals may only seek help when they are struggling, on the cusp of moving firm or a problem has arisen. They may also just not enjoy their work and feel productivity and drive are stagnating.

Final thoughts

Professionals who are experiencing the above pressures should know that they are not, in any way, alone. It is not the case that ‘everyone else is coping fine’. The issues they are facing can, in fact, be addressed and used to uncover strengths, resources and ways of working that may not currently be obvious.

Reflective support is a useful way of helping private client professionals address the stresses and issues arising from their work and use them to develop. In this way, negative consequences such as burnout, attrition and mistakes can be avoided, and professionals can increase their confidence, competence and enjoyment of work.