Understanding Trauma-Informed Legal Services: A Compassionate Approach to Law Practice
January 31, 2024
Authored by: Eric W. Hughes
This article is made possible by the generous support from Taylor Tobey and Sarah Brodsky at 9Sail.
Eric W. Hughes
What is something over 223 million Americans have experienced? Trauma. Yet, for something that impacts over 70% of the U.S. population, how often is it spoken about at the dinner table? The doctor’s office? In the courtroom?
Trauma, as defined by the Substance Abuse and Mental Health Services Administration (SAMHSA), is “an event or circumstance resulting in physical harm, emotional harm, and/or life-threatening harm. The event or circumstance has lasting adverse effects on the individual's mental health, physical health, emotional health, social well-being, and/or spiritual well-being.” Those lasting adverse effects can regularly be found in the body and brain, appearing immediately after the traumatic event or years later. Whether the effects include exhaustion, anxiety, agitation, hopelessness, negative health outcomes, or intense intrusive thoughts that continue despite no longer facing harm, trauma not only impacts the person who experienced it, it can impact their executive function and self-regulation, two vital pillars that are the foundation of any strong attorney-client relationship.
It may come as no surprise to read that the law and the legal system are complex and at times confusing and frustrating. Public interest attorneys often see both sides of what it means to operate in a system designed by lawyers for lawyers. Such a lawyer-centric legal system often puts client needs on the “back burner,” meaning a solid understanding of trauma and its profound effects on people, especially those experiencing poverty, is crucial for creating a system that prioritizes empathy and compassion in the pursuit of justice. This blog post briefly touches on trauma-informed legal services and trauma-informed lawyering, exploring what those phrases mean, their significance, and the transformative impact they can have on those navigating their journey toward justice.
What are Trauma-Informed Legal Services?
Trauma-informed legal services represent a significant shift in how legal assistance is provided. This approach recognizes the prevalence and unique nature of trauma, acknowledging individuals involved in the justice system may have experienced various forms of trauma, including physical and emotional abuse or life events like food insecurity, an eviction, divorce, or job loss. Trauma-informed legal services focus on fostering an environment that centers safety, transparency, collaboration, and self-awareness. By understanding the needs of those who have experienced trauma, attorneys and legal professionals can better serve their clients while contributing to a more compassionate legal system.
Trauma-Informed Lawyering
At the heart of trauma-informed legal services stands trauma-informed lawyering. This approach involves legal professionals integrating an understanding of trauma and its impact into their practice. It goes beyond traditional legal approaches by prioritizing well-being in the attorney-client relationship. By adopting a trauma-informed approach, attorneys can create a supportive, compassionate environment for clients who have experienced trauma, ultimately improving the legal assistance given and the experience for all those involved.
The Importance of Understanding Trauma-Informed Lawyering
Attorneys can play a powerful, supporting role in the lives of individuals seeking justice. Trauma-informed lawyering is not just an alternative approach but a necessary one. Understanding trauma-informed lawyering is as important as it is multi-faceted. First, it balances the attorney-client relationship by creating a safe and trusting space, empowering individuals to not just participate in their legal matters, but be the driving force behind it. This, in turn, contributes to client-centered outcomes, ensuring that regardless of the end result, the client had ownership over and was invested in their pursuit of justice.
Furthermore, trauma-informed lawyering reduces the risk of re-traumatizing clients and traumatizing attorneys, an occurrence often unintentionally perpetuated by the traditional legal system. By recognizing and addressing trauma, attorneys contribute to the long-term healing and growth of their clients, going beyond their immediate legal needs, while avoiding secondary trauma (often a precursor to “compassion fatigue”). Adopting a trauma-informed approach is progress toward a justice system that lives up to its name.
Make a Difference in Your Community by Volunteering with Volunteer Lawyers for Justice
For attorneys looking to undertake trauma-informed lawyering and make a difference in their communities while harnessing the power of pro bono, Volunteer Lawyers for Justice (VLJ) provides several opportunities to do just that. With training and mentorship, volunteers are supported as they engage in trauma-informed legal services in legal clinics or extended representation cases, flipping the script on what it means to practice law. By volunteering with VLJ, attorneys (and non-attorneys!) can gain valuable experience in trauma-informed lawyering while earning credit toward a Madden exemption, be part of a solution to the access to justice crisis, and most importantly, help a neighbor in need.
The Benefits of Working with an Attorney Offering Trauma-Informed Legal Services
Collaborating with an attorney who practices trauma-informed lawyering offers numerous benefits:
•Clients experience a more supportive and empathetic journey, reducing the stress and apprehension often associated with legal issues;
•Attorneys practicing trauma-informed approaches are more attuned to the needs of their clients, fostering a stronger client-centered, attorney-client relationship built on trust, transparency, and understanding; and
•Adopting trauma-informed lawyering contributes to the well-being of attorneys and legal professionals.
By acknowledging the potential for secondary trauma/vicarious trauma and compassion fatigue, attorneys undertaking trauma-informed approaches implement self-care strategies. This not only benefits the lawyer's mental, physical, and emotional health—a recent report from the New Jersey State Bar Association found over 56% of survey respondents reported a high prevalence of alcohol misuse —but also ensures a more sustainable and fulfilling law practice (ultimately benefiting the entire legal profession).
Trauma May Feel Isolating, But Know You Are Not Alone
For those navigating their experience with trauma, seeking legal help can be a critical, yet unfamiliar step toward healing and justice. At VLJ, we work to ensure our staff and volunteers are knowledgeable when it comes to trauma-informed legal services, providing not only much-needed legal assistance but also understanding and compassion. If you or someone you know has experienced trauma and are now facing a civil legal issue in New Jersey, there are resources available to help.
While “trauma-informed lawyering” may seem like a catchy phrase, it represents a forward-thinking and compassionate approach to the practice of law. By prioritizing the well-being of both clients and legal professionals, trauma-informed lawyering upends the traditional notions of the attorney-client relationship by creating an environment that centers and honors our shared humanity and how the individual experiences we have do not define us, but rather, explain our story (a story we have the power to write ourselves). In fact, not only does trauma-informed lawyering seek justice in a different manner, it actively contributes to the healing and empowerment of those pursuing it along with the larger community. Embracing trauma-informed lawyering is a choice and a commitment to creating a legal system that compassionately and competently serves the needs of everyone. At VLJ, that means when you volunteer at a legal clinic or take a case, you change a life (including your own).
Resources:
•If you would like to speak with a mental health professional about your experience with trauma, please click here.
•If you need civil legal help in New Jersey and want to apply for VLJ’s services, please click here.
•If you are interested in volunteering with VLJ, please click here.
