I’ve been archiving the files for a lot of my past court work this week. I moved office base and I don’t want to be cluttering up my new space with lots of old case information I don’t need any more, when it can be securely stored and eventually shredded. So far I’ve boxed up the files for 115 family court cases for which I completed an assessment and wrote a report, leaving only records that have been updated since the start of 2013 in my filing cabinet. As I check that each of the newer cases has been completed and invoiced, I will put those into storage too, and use my filing space for other things. It is another step in letting go of my role as an expert witness, and the huge weight of responsibility and emotional demand that entails.
As I put each case away, I added the family names to an index in order that I could locate them if it is ever required. I am supposed to keep files for seven years, or until the child is 21, so they stay with me a long time. As I record the names I realise I can remember the stories of many of the families, and I wondered how they were doing now. There were lots of traumas in those stories, that I heard and described in my reports, and felt in my bones. Many parents whose own childhoods meant that they couldn’t parent in a safe and nurturing way. Many of them dealt a hand full of adversity, who had no resources to cope with the stresses of their chaotic lives. Over and over again I saw children who were harmed by the care they were given, both in the children I had to assess, and in the histories of their parents and grandparents. Themes repeating across two or more generations.
It has always felt terribly sad that in order to give their children a chance at a better life, the courts have to intervene in ways that further wound the parents. But an expert’s job is to advise on what is best for the child, and sadly that is often contradictory with what is in the best interest of their parent. And I hope that I have always kept what would be best for the child paramount in my thinking, but whilst holding some compassion for the other family members. I think about the cases where I didn’t do the story justice, and the courts made decisions that I didn’t agree with. I worry about the cases where greater experience or new knowledge from the literature would have given me a slightly different perspective. I think about times I was threatened, or parents refused to talk to me, or I was cross-examined for five hours straight. Then I remember a time when a parent I assessed approaching me after I gave evidence, and feeling wary she was going to be angry that I recommended her child was removed. Instead she said thank you to me. “You were the only person I’ve met in all this that was always honest with me, and understood how I got here. I can see why you said what you did about me, and I think you are right that he will do better being adopted”. I’m still blown away by that. What an amazing gift to give me at a time that was so painful for her. I hope that she got the therapy she needed to put that reflection, empathy and kindness into practise in her life, and get out of the run of destructive relationships that had dominated her life.
I put the files into the box and lock them away. I am glad to let them go. It isn’t just physical space they take up, but mental space. Being an expert witness for the family court is a tough job. The hourly rates might seem high, but there are other ways to earn the same without the emotional burden. There have been pros and cons for me. I’m a different person now than I was when I began doing that work. I’m more observant and analytical, better able to ask the right questions, to deal with uncertainties, and to spot inconsistencies and triangulate sources. There have been rewarding moments too. I have had a lot of positive feedback about the quality of my assessments and evidence, and thanks for the impact of my work. But I’m also more cynical and I’ve seen a very dark side to the world. I’m more aware of the risks, and of how prevalent maltreatment and poor care are, even in our supposedly developed nation. I think I’m less trusting of people as a result of doing this type of work, and my norms for what levels of problems require professional help have shifted towards the more severe end of the spectrum, making me less sympathetic to people who feel very disadvantaged by more minor difficulties. I’ve also acquired the bad habits of work that has a strong pattern of boom-and-bust in demand – working through the night to make deadlines, putting in 80 hour weeks to meet demand, and generally taking on too much to leave enough of myself for other tasks and life outside work. It has also shown me that I can be a total control freak about the standards of work contributed by other members of my team, because my own standards are meticulous and I take this type of work – that can change the course of people’s lives – particularly seriously.
Letting go of court work is difficult, because it glitters. There is always demand, and it is nice to feel needed and held in high regard by other professionals. It feels as if you have genuine influence in the legal process (and I generally hold the UK justice system and public law professionals in high regard). The pay, although much reduced since legal aid cuts, still seems somehow more attractive as an hourly rate than the reality should be (given you can’t charge for much of the time these cases actually take, nor for administrative support such as typing or arranging appointments, nor for venues or materials it actually works out to be less than I make from other activities like therapy, training or consulting). It also has the kind of attraction of rubber-necking at a car-crash, as the cases each have their own grim story, are more complex than most clinical cases seen in secondary and tertiary tiers of service provision, and are often both acute and chronic in nature. I find it hard to say no when my skills are needed. But I must learn to delegate this work to others, or to decline, because I want to have my time and emotional energy back for other things.
And so it is good to archive my files, and to catch up with my invoicing, and to clear the decks of old ways of working to allow myself space for the new. It feels like putting down rocks I have been carrying for a long time….