Trauma-informed interviewing practices are common in criminal cases to help lawyers effectively communicate with survivors of assault. But family lawyers should also use them when working with clients who’ve experienced trauma.
As legal practices evolve, there is a growing recognition of how essential being trauma-informed is for effectively communicating with survivors of physical and sexual assault in criminal law proceedings. However, lawyers should not limit applying trauma-informed interviewing to criminal cases.
In family law, individuals face complex issues such as domestic violence, child abuse, and post-separation abuse. Trauma-informed approaches are equally important here. This article provides tips on how family law lawyers can integrate trauma-informed interviewing techniques into their practice to be more effective advocates for their clients.
Understanding the Impact of Trauma in Family Law Cases
Research consistently shows that exposure to trauma can have lasting effects on an individual’s psychological well-being and interpersonal relationships (Hulley et al., 2023). Integrating trauma-informed practices into family law is essential for effectively supporting clients who have experienced trauma.
By understanding the impact of trauma on individuals and families, family lawyers can adopt a client-centered approach that promotes safety, empowerment, and healing. The suggestions below prioritize sensitivity and empathy in a lawyer’s interactions with clients, allowing a lawyer to better advocate for the needs and rights of trauma survivors within the legal system.
Best Practices in Trauma-Informed Interviewing
When meeting and interviewing family law clients, lawyers should approach the interaction with empathy, professionalism, and a commitment to understanding the unique dynamics and needs of each family. Several best practices can enhance these interactions, leading to more informed and supportive legal representation.
A trauma-informed strategy is governed by the concept of ‘do no harm’ in which every effort is made to mitigate re-traumatization. This fundamental shift in client engagement necessitates assessing a client’s psychosocial vulnerability, acknowledging trauma’s overarching impact and understanding how trauma can manifest itself in a person’s behaviors and demeanor (United Nations , 2021).
Trust is a must. Creating a foundation of trust and rapport is critical. Family law clients often consult with lawyers during times of emotional turbulence and vulnerability. They seek not just legal advice but also emotional support and comfort. Lawyers should provide a friendly and nonjudgmental environment in which clients feel free to express their concerns and disclose sensitive information. Establishing trust within the lawyer-client relationship is essential for victim-survivors to effectively participate in legal proceedings (Taylor-Blackford, 2022).
How can you establish trust?
- Practice active listening
- Do what you say you are going to do
- Respond to client messages in a timely manner
- Be aware of your unconscious biases and assumptions about clients who disclose their experiences with abuse
- Be mindful that clients need to be understood
- Be clear and consistent with communication, expectations, and deliverables
- Encourage clients to bring a support person with them (Public Health Agency of Canada, 2018)
It is more than just a ‘tick box’. Every family situation is unique and requires an extensive assessment of their circumstances, and cultural, social, and economic factors. This requires encouraging clients to relay their story in their own words by asking questions such as:
- “Where would you like to start?”
- “Please tell me about …”
- “Explain to me how …”
- “Describe to me …”
When you need more information, ask about the who, what, when, where, why and how with statements and questions such as:
- “Please tell me more about …”
- “What did you do?”
- “What else were you able to see?”
This approach shows your respect for the client and their experience. It allows the client to express themselves freely and establish some autonomy.
Recognize signs of trauma-related distress. During discussions with a client, look for signs of distress and trauma reactions, such as:
- dissociation (tuning out)
- inability to pay attention or follow the discussion
- disorientation or unresponsiveness
- rapid breathing and rapid speech
- shaking or trembling
- goosebumps
- self-soothing behaviours
Recognize that emotional responses, even those that may seem out of context, are normal for someone who has experienced trauma. Acknowledge that retelling a traumatic experience is overwhelming and can be traumatizing in and of itself. Stay away from pathologizing a client’s reactions or demeanor. Do not rush the client and offer to take breaks as the client needs.
Be clear and transparent. Maintaining clear and transparent communication throughout the legal process is key. Family lawyers should keep clients informed about the progress of their case, explain legal concepts in accessible language, and promptly address any questions or concerns that arise. By fostering open lines of communication, lawyers can empower clients to actively participate in their legal proceedings and make well-informed decisions about their future.
A Trauma-Informed Approach Starts at the First Meeting
Victims of trauma and post-separation abuse need to be able to trust their lawyer and feel that their lawyer has their best interest in mind. This begins at the initial client meeting and continues throughout the lawyer-client relationship.
A trauma-informed approach cultivates trust and prioritizes psychological safety. This approach allows family lawyers to effectively navigate their clients’ complex legal issues while providing compassionate and empowering support to their clients.
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DISCLAIMER The information in this article was correct at time of publishing. The law may have changed since then. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta.
About Trish Guise
