From the Editor

of the deceased and their families.6 This includes a focus on accountability (placing responsibility on the killer), accuracy (including naming the crime as domestic violence), dignity, equality, and avoidance of use of stock images which reinforce existing stereotypes. Other international organisations have provided similar guidance.7

Although these sorts of guidelines are primarily directed towards media organisations, many lawyers (especially those in criminal and family law) have front-line experience in dealing with impacts of domestic violence, and may also fi nd them useful as a best practice model for talking about this issue.

As lawyers, we understand the importance of language, and know that cases frequently turn on the use of individual words or even punctuation - parsing sentences is part of our daily experience. As competition in the news media market has increased, stories have become increasingly hysterical or polarizing to gain clicks and views, but the concept of leading discussion with a ‘do no harm’ approach should not be groundbreaking. In a world where media battles for our eyeballs and attention every day, while horrifying statistics about rates of injury and death from family violence and its ongoing effects continue to increase, perhaps we should insist on getting the whole (respectful) story, and not just sensational headlines. B

Endnotes 1 Support is available, including through 1800RESPECT (1800 737 732 or 1800respect. org.au). 2 Criminal Law Consolidation (Abusive Behaviour)

Amendment Bill 2021 - see https://yoursay.sa.gov. au/control. 3 A similar approach exists in relation to the reporting of self-harm and suicide (a topic worthy of signifi cant attention in its own right). 4 https://media-cdn.ourwatch.org.au/wp-content/ uploads/sites/2/2019/09/09000510/OW3989_

NAT_REPORTING-GUIDELINES_WEB_

FA.pdf. 5 https://www.presscouncil.org.au/ uploads/52321/ufi les/Guidelines/Advisory_

Guideline_on_Family_and_Domestic_Violence_

Reporting_09072021.pdf. 6 https://www.welevelup.org/media-guidelines. 7 See, for example, https://nnedv.org/content/ media-guide/.

FROM THE EDITOR

Being dispassionate & compassionate don’t have to be mutually exclusive

MICHAEL ESPOSITO, EDITOR

Lawyers are usually expected to represent their clients with an air of detachment.

Their job is to argue their client’s case as best they can, with the available facts in front of them.

Getting emotionally invested in a case can colour one’s judgment and lead to bad decisions. It can also exacerbate the risk of vicarious trauma, which can take a heavy toll.

But that doesn’t mean lawyers should altogether shun the human side of a matter, as one of this edition’s authors reminds us.

Family lawyer Rose Cocchiaro contends that sometimes, lawyers’ egos can get in the way of achieving the best outcome for clients. She propounds humanising the law, being emotionally attuned to the predicament of the client, demonstrating sincere empathy, and giving clients genuine sense of control of the circumstances they’re in.

Sometimes, the biggest ego in a matter belongs to a client. Selina Nikoloudakis, in her article, examines the issue of representing, or opposing, clients with narcissistic traits. In these situations, remaining calm, rational, and dispassionate is important, especially in scenarios where, as Selina recounts, the opposing client makes threats against their estranged partner or opposing lawyer.

Family law, which is the focus of this Bulletin, is a highly emotive area of law. While we all need to be able to “switch off” from our work lives for the sake of our health and wellbeing, we can still allow ourselves to feel deeply for the plight of others.

That is not to say that lawyers should “take on their client’s cause”, as Judge Meredith Dickson warns in a Q&A on page 8. Her Honour advised that lawyers should “reality test” their clients’ desired outcomes.

Clients in family law disputes can be driven by strong emotions - spite, jealousy, resentment – that may lead them to seek outcomes that are not in the best interests of anyone.

There is no reason why a lawyer cannot assess a matter objectively while still having compassion for the emotional turmoil that consumes the client.

Family lawyers would know that seeking legal remedy alone is not necessarily enough address the problems affecting broken families.

Both Selina and Rose emphasised the importance of encouraging clients to have as much support as possible around them, such as medical, psychological, and fi nancial support. It is good client service to help clients get all the expert help and counselling they need.

Family law can be messy. Life is messy. And while the legal system may try to clean up these messes, it is important to remember for most fractured families, the journey doesn’t end once a decision is handed down. It is often just the beginning. B November 2021 THE BULLETIN 5