If supervision in therapy is the place in which the healer is held, how does that concept relate to other professions, such as legal?
Do we see lawyers as “healers”? Maybe it is not the classic view, but does the lawyer’s role differ that much from any of those whom we would place so naturally in that class? The work of a psychological therapist is a clear example. But what about the other professions? A doctor advises on a medical problem and suggests a remedy. A physiotherapist spots an issue and guides the patient as to how best to work with it. Do we leave the notion of “healing” at the door of those who simply work with the body and mind? What about the sea in which that body and mind is swimming? The sea of disputes and industry; justice, legacy and personal injury….? It is the lawyer who people turn to for help with these, profoundly affective, issues which exist within their field. Is this not “healing” of a different kind?
Any committed lawyer at the sharp end of a knotty family law case will tell of the blood, sweat and tears which will have been shed by many in that work, where the lawyer is looked to, for resolution of matters. A criminal lawyer could tell you countless tales of ruptures being repaired, through collaborative exploration, raising of awareness and challenging presumptions. Ask the corporate legal advisor as to what skills they had to employ, to manage client expectations of self and other……
Mark Smith [1] talks about the numerous examples of people in ancient China, Africa and Europe, new to a craft or activity, having to “reveal their work to, and explore it with, masters or mistresses” This notion of supervisor as “overseer” is a common theme throughout literature, from the angels in Milton’s Paradise Lost, to Dumbledore in the Harry Potter series. The Alchemistic, Santiago-like need to find the “treasure” – is what drives us, as human beings – and it is what keeps the lawyer invested in matters which, realistically, belong to the other. Without guidance of the overseer, you risk searching for it, aimlessly, and coming back to home, eventually. So much time wasted – and time is money! A good supervisor will act as the compass; the map and the companion on the journey, with the view to arriving in a much better, more efficient way.
So, how does this translate into supervision for lawyers? Where is the place for those legal healers, who are swimming alongside their clients, to have the chance to ask and to not know; to err; to be understood and accepted? That place is supervision. As human beings, we acknowledge that our ability to choose and judge and make decisions rests upon so many factors which arrive both from without (such as our education, training and experience) – but also from within: “The human being is more
than a biological organism; he is a being in search of meaning.” (Viktor E. Frankl). Sometimes we need help with our navigation in that search.
[1] [1]Smith, M. K. (1996 – 2011) ‘The functions of supervision’, The encyclopedia of pedagogy and informal education.
The 7-Eyed Model of Supervision, developed by Peter Hawkins and Robin Shohet looks at the holistic relationship between supervisor and supervisee. It is a model suited to the legal profession, having as its aim to add to the “enhancement of practice” . With that idea of the supervisor as third party, hovering over (-as opposed to being in the midst of) the work, it can be helpful to hear what the lawyer has understood of the client’s requirements and actions so far. In the thick of heavy workloads, things can be missed, and that extra view adds something very valuable.
Being able to have an objective discussion with an unconnected third party can dilute much of the “personal” element of the work. This is where the unseen – indeed, unknown – relational elements, such as transference and projection, can come to the fore. We operate over 90% of the time in the unconscious, and no matter how much we like to tell ourselves that “we don’t do that at work” – we do! Supervision may be the only place in which the lawyer can really explore their inner world - that part of them which, despite the great training and the self-awareness – bleeds through into the work. This speaks to the “caverns measureless to man, leading to that sunless sea”, which Taylor Coleridge referred to in Kubla Khan. We are blithely unaware of much of the dance we are involved in with our clients, our reports and our peers, until this is brought into our awareness. Only then can we step out of the dance and make an informed choice.
And this brings me to the next stage of the model: what goes on between supervisor and lawyer-supervisee. Human beings are habitual by nature; we dream of change, but we are less shifting than we like to imagine. As Confucious (more or less!) said: “No matter where you go, there you are.” So, what happens in one relationship is likely to play out in others. The value of the supervisor’s “third eye” lies in their ability to rise above the auto-pilot; to bring what is occurring in the here and now into the work. This can often occur through either an explicit reveal – or through an identification of parallel processes. You think that you can mask your irritation with a particularly demanding client? Let’s put that gently to the test…….
Let’s not forget the “overseer” here; the “master/mistress” is ideally more experienced than the supervisee, but they are also made of weak flesh, no matter how willing the spirit. So, there is huge value in a good supervisor being able to explore how they reacted in, say, a particular way, to the lawyer’s relational approaches – and to be able to work through it, collaboratively. (Compare that to a partner/mentor whose ego is fragile, and defences are never far from the surface. This could be unhelpful, at best – and damaging, at worst.) The workplace can often feel like an un-safe place, where conflict is not welcome. A space where undefended honesty exists bears the most fruit, and all too often it is only in a supervision session where someone may find that level of safety.
Which brings me back to the sea. In the grip of a busy workload, we can forget to take stock of the context which we are in – and of the client’s environment. To be able to maintain an open mind – and be willing to own and work with – biases and prejudices, could result in far better quality (and infinitely more successful) outcomes in cases. The supervisor is there to help illuminate blind spots, without bringing about feelings of guilt or shame.
Hawkins and Shohet group their model under the categories of “education”; “support” and “administration”. Most young lawyers begin their careers by shadowing and observing someone in a more senior role, where they are able to grow in each of those areas. With good supervision, they can continue to develop them - to build on what Mark Smith refers to as a “community of practice”. This can be only beneficial to the legal profession; our ethical obligations do not end in our early careers. We have an obligation to keep learning; reaching out and accepting good guidance As Benjamin Franklin said: “An investment in knowledge pays the best interest.”
Lawyering, in the truest sense of the word, is a healing profession. Ultimately, it involves working at some base level with human beings, no matter who or what the client is. Ideally, the law restores dignity, repairs harm, and strengthens relationships. If, as Leonard Riskin[2] said, “The lawyer’s role should include helping clients achieve healing - both of themselves and of the situations in which they find themselves”, it is incumbent upon each member to seek support in this endeavour. That support is supervision.
[1] “The Lawyer as Healer: A Conceptual Framework”
Florida State University Law Review, Vol. 12, No. 3 (1984)
Author: Trish Jones, Director of Therapy & Psychotherapist, TCC
