Trauma Informed Lawyering

trauma informed lawyering
Judge Kate Huffman, Second District Court of Appeals

Building an attorney-client relationship requires counsel to understand the client’s goals and positions, but also the client’s life experiences that can shape the client’s decision-making and response to the litigation process, the court, and to the client’s attorney.  Trauma pervades the experiences of children and families involved in both the neglect, dependency and abuse as well as juvenile delinquency proceedings, as well as both victims and the accused in the criminal justice system.   The American Bar Association emphasizes the importance of attorney’s engaging in trauma-informed advocacy.

Trauma interferes with the formation of the attorney-client relationship by impairing the client’s ability to trust others, process information, communicate and respond to stressful situations.  By understanding trauma’s impact on behavior and decision-making, an attorney can modify the approach to the trauma-experienced client, prepare the client for court appearances in a way that reduces the likelihood of a traumatic response, and empowers the client and helps build a sense of safety and resiliency.  Trauma informed advocacy involves identifying trauma and understanding its effects on the brain, adjusting the attorney-client relationship, and adapting litigation strategies to respect the client’s trauma experiences. 

This program will inform attorneys on the effects of trauma on the brain and development, varied responses to trauma, and effective means of incorporating trauma-informed practices into representation.