According to Katz and Haldar, trauma-informed lawyering is when the lawyer centres the lived-experience of the client’s traumatic experience when engaging with the client.[1] Recognizing that many clients see lawyers after they have experienced a traumatic event or when they are experiencing vulnerability, trauma-informed lawyering approaches client discourse with compassion and empathy. It also incorporates an understanding of the neurobiology of trauma in the way the lawyer conveys the client’s narrative through advocacy and pleadings. Trauma-informed lawyering can also incorporate an understanding of inter-generational trauma through an intersectional lens that understands systems of power and oppression.
Trauma-informed practice also takes into account that after a traumatic experience, a person can experience unpredictable emotions, anxiety, avoidance, flashbacks, strained relationships and physical symptoms.[2]
How Common is Trauma?
A 1997 study found that about one third of the population will experience severe trauma at some point.[3] Trauma is more frequently experienced by women. The most common forms of trauma are child maltreatment, intimate partner violence, and sexual assault.[4]
Responses to Trauma
The physiological effects of trauma can manifest long after the traumatic incident. In response to traumatic experiences, an individual may feel intense fear, helplessness, or horror. Four common behaviors that people can exhibit are: anxiety and depression, intense anger towards self or others, the formation of unhealthy relationships, and denial.[5] After experiencing a traumatic event it is common for the individual to experience difficulties with trust, anxiety, and rage all while grappling with feelings of intense shame and fear.[6]
Trauma- informed lawyering acknowledges this lived experience and normalizes these responses as a reaction to the trauma. Trauma can also cause avoidance, dissociation, or hyper-vigilance.[7] A trauma-informed lawyering understands the impact the traumatic response can have on the totality of the individual. Understanding the impact of trauma can also be helpful when pursuing damages for the client.
What are the Core Tenets of Trauma-Informed Lawyering?
Core tenets of trauma-informed lawyering include creating choice for the client, empowerment, a sense of safety, collaboration and trust.[8] Trauma-informed approaches also encourage client control and autonomy, by recognizing the importance of integrated care and connecting clients to other support services.[9]
Why do you need a trauma-informed lawyer?
A trauma-informed lawyer has increased sensitivity to your situation and takes all measures to decrease re-traumatization. This is especially important when preparing a client for processes such as discoveries or trial where a client will be asked in depth questions about the traumatic incident. We provide support to clients throughout these processes and treat clients with care. A trauma-informed lawyer also directs clients to supportive services such as counselling, when necessary. Building a trusting relationship and exhibiting patience is key when listening and advocating for the client.
How do we incorporate trauma-informed lawyering into our practice?
We take the time to explain legal processes so that the client understands it before any proceeding.
We answer questions or concerns that the client has. We also use active listening when listening to the client. These are all best practices for a trauma-informed client interaction.[10]
What differentiates us from other lawyers?
Kathryn brings years of experience fighting for plaintiffs. She has also litigated for several high profile cases. She brings a compassionate, culturally-sensitive approach to her practice .
Samara has worked in both labour and employment. She brings a background of having been a psychotherapist working with survivors of trauma and helping them heal. She also interned at the Schlifer Commemorative Clinic conducting legal intake and working in immigration law for survivors of intimate partner violence and sexual assault. She always treats clients with empathy and compassion.
[1] Sarah Katz and Deeya Haldar. “The Pedagogy of Trauma-Informed Lawyering” Clinical Law Review. March 8, 2016. < https://www.law.nyu.edu/sites/default/files/upload_documents/Katz%20-%20Halder%20Pedagogy%20of%20Trauma-Informed%20Lawyering.pdf>
[2] Ibid.
[3] Ibid.
[4] Ibid.
[5] Ibid.
[6] Melanie Randall. “Restorative Justice and Gendered Violence? From Vaguely Hostile Skeptic to Cautious Convert Why Feminists Should Critically Engage with Restorative Approaches to Law” Dalhousie Law Journal 36.2 (2013) < <https://canlii.ca/t/t0zg>
[7] Supra note 1.
[8] Supra note 6.
[9] Supra note 6.
[10] Kimberly Hardtke. “A Practical Guide to Trauma-Informed Lawyering” Wisconsin Lawyer (2023). 96.7. < https://www.wisbar.org/NewsPublications/WisconsinLawyer/Pages/Article.aspx?Volume=96&Issue=7&ArticleID=29912>