News release

From: James Cook University

A James Cook University study is challenging the belief that the greatest cost of going to court is losing a case, arguing the legal process itself can leave lasting psychological scars.

The research, led by JCU PhD student Rebecca Ward and Macquarie University Emeritus Professor John S. Croucher AM, suggests Australia's civil litigation system can reward behaviours associated with the "Dark Tetrad" personality traits – narcissism, Machiavellianism, psychopathy and sadism.

Importantly, the researchers are not suggesting lawyers or judges possess these traits. Instead, they argue aspects of the adversarial legal system can encourage conduct that would be considered manipulative or harmful in other settings.

Ms Ward said the study examined whether the justice process itself could become a source of harm.

"Most people assume the greatest harm in litigation comes from losing," she said.

"Our paper asks a harder question: what if the process itself is doing the damage?"

The study found lengthy delays, escalating legal costs, repeated retelling of traumatic events and strategic legal tactics can wear people down long before a case reaches a conclusion.

"Litigation can become a weapon of attrition," Ms Ward said.

"Delays, escalating costs, repeated retelling of trauma and strategic pressure can exhaust people financially and psychologically before a dispute is resolved.”

The researchers say those experiences can lead to anxiety, insomnia, hypervigilance, loss of trust in institutions and other trauma-related impacts.

They also warn that people showing signs of trauma in court, such as crying, distress or fragmented recall, may be unfairly viewed as unreliable.

The paper calls for more trauma-informed legal practices, better case management and reforms to reduce unnecessary distress during legal proceedings.

“Sometimes the objective is not simply to win,” Ms Ward said.

“The litigation itself becomes the weapon, a legally sanctioned way to consume another person’s money, time, emotional energy and sense of safety.”

Professor John Croucher said the research highlights the need to include psychological safety when ensuring procedural fairness.

“Legal processes must be trauma-informed and culturally accountable, and they must not treat emotional conformity as a measure of credibility,” he said.

The study, Justice or Justified Cruelty? Civil Litigation Through the Lens of the Dark Tetrad, was published in the Journal of Forensic Psychology Research and Practice.

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