While most people in the family court system do not wish to be going through a legal proceeding, everyone in the legal system is looking for justice. However, for many people, the legal process can be a source of further trauma in having to relive, advocate for and address the trauma that they have already experienced. There is a critical need for trauma-informed legal services and yet, many family court attorneys have not received training in trauma informed legal services, which can offer a more compassionate, empathetic and effective legal system and process.
It's fair to say that most people who have legal needs through the family court system carry the weight of past traumas. These can include, but certainly are not limited to domestic violence, sexual assault, child abuse, financial concerns or struggles, or other adverse experiences. While the legal system is often designed to maximize efficiency and making rulings or decisions, the process can unintentionally re-traumatize people who have already lived through significant adverse experiences, particularly when the trauma impacts the individual’s ability to participate and engage in the legal process. Trauma informed legal services offer a paradigm shift that prioritizes client safety, trust and empowerment to hopefully leave the client better than when he or she started the process.
How are legal clients impacted by their past trauma?
There are a variety of effects that trauma can have on clients trying to navigate an already complex and complicated legal system. For example, clients who have experienced trauma typically can experience significant neurological effects, including alteration of brain function (which can affect memory), their ability to emotionally regulate and their decision making or executive functioning skills. This can, at times, affect a client’s ability to provide accurate information and factual history, understand the legal proceedings and effectively advocate for themselves. Often a client with neurological effects of trauma will struggle with making decisions, collaborating with professionals (even professional they hire to assist them) and prioritizing or determining issues that they should focus on and those that they should let go.
Clients affected by trauma frequently have behavioral manifestations of their past. These behaviors can often frustrate or impede professional and ma include such things as hypervigilance, emotional outbursts, disassociation, or other behaviors. If legal professionals are not well informed, they will mistake a client suffering from trauma as being non-compliant, non-cooperative or even dishonest. Professionals also need to be vigilant that the legal process that clients are required to participate in can often re-traumatize them. The legal proceedings and complex process is adversarial, emphasizes reliving past events and can trigger the emotional distress that the individual already suffered through.
How can educated professionals provide trauma informed legal services to clients who need them?
There are some key cornerstones of providing effective legal services to individuals suffering from a history of trauma, those include: safety, trustworthiness, transparency, ensuring the client has outside sources of support, and collaboration (by allowing the client to meaningfully participate in their legal process). Legal professionals should provide the client a sense of empowerment, help them to use their voice and prioritize giving them a choice, when possible, including providing opportunities for educated, informed decision-making.
It is important that attorneys take time to obtain trauma informed legal training so that they can communicate and advocate for clients in a manner that honors their experiences, trauma and ensure that they feel empowered through the process. By attorneys slowing down, communicating clearly and explaining legal information in simple ways, the client will better understand expectations and their options. Often trying to simplify requests or tasks for clients to one thing at a time or a simple/short “to do” list can help ensure that the client, who does want to be successful cooperating, feels empowered to cooperate. If necessary, facilitating and normalizing a client having a support person to assist him or her with the litigation, attorney meetings or other steps in the legal process can be empowering for the client. Finally, the legal professional ensuring an organized system of providing and maintaining information for the client can help reduce stress and build confidence and trust.
What are the benefits of providing trauma-informed legal services for clients?
Studies have shown that clients who have a history of trauma are better able to engage in the legal process and have resultant more successful outcomes when they work with legal professionals who are trauma informed. Legal professionals taking time to understand and empathize with their client’s trauma and unique needs will build increased client trust, which ideally leads to better solution-based outcomes that help a client leave the legal process feeling empowered rather than further traumatized or diminished. A client who finds justice and healing through the legal system is the ultimate goal of the legal process.