Family Law Education Network

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Trauma Informed Practices a Gamechanger for Family Lawyers

Family lawyers often work with clients experiencing high levels of stress, fear, and emotional distress. These challenging circumstances can be the result of trauma, whether from past experiences or the current legal matter.
By adopting trauma-informed practices, family lawyers can create safer, more supportive environments for their clients, enhancing trust, communication, and case outcomes.

What Are Trauma-Informed Practices?

Trauma-informed practices involve recognising and understanding the impact of trauma on individuals. For family lawyers, this means approaching client interactions with sensitivity and tailoring communication and strategies to meet the needs of traumatised clients. The key principles of trauma-informed practices include:

• Safety – Create a physical and emotional environment where clients feel secure. For example, if a client is overwhelmed by noise, large spaces, brightness of lighting etc, consider a quiet safe and small space for them to feel comfortable in, instead of a large light-filled board room

• Trustworthiness and Transparency: Ensuring clear communication and setting realistic expectations from the outset of the matter will ensure that boundaries are maintained, and that clients feel heard and managed appropriately

• Empowerment: Helping clients regain control by involving them in decision-making processes. As lawyers our job is to guide people to resolution or to a desired outcome. It is important that we give clients the ability to make their own decisions. They have the power and right to make decisions on how their care will run after receiving your advice.

• Cultural Competence: Recognising and respecting cultural differences that may influence a client’s experience of trauma.

Why Trauma-Informed Practices Are Crucial in Family Law

Family law cases often involve issues such as domestic violence, child custody disputes, and separation, which can trigger or exacerbate trauma. Trauma-informed practices are essential for:

• Building Trust: Clients who feel understood and supported are more likely to trust their lawyer and engage in the process.

• Improving Communication: Understanding how trauma affects behaviour and responses enables lawyers to adapt their communication style

• Avoiding Re-Traumatisation: Being mindful of how legal processes and questioning may unintentionally cause distress.

• Achieving Better Outcomes: A traumatised client who feels supported is better equipped to participate effectively in their case.

The Benefits of Trauma-Informed Practices

Adopting trauma-informed practices benefits both clients and legal practitioners. Clients feel supported and empowered, leading to stronger relationships and more effective collaboration. For lawyers, this approach reduces stress and enhances professional satisfaction by fostering positive and productive client interactions.

It is important for lawyers not to add to their clients trauma by conducting their matter in a way that exacerbates existing traumas, and this starts from the intake. Consider asking trauma informed questions in your intake process to determine how you can best help the client from the outset to feel safe, secure and heard.

Conclusion

Trauma-informed practices are a transformative approach for family lawyers, allowing them to provide compassionate, effective representation while supporting their clients’ emotional well-being. By prioritising safety, trust, and collaboration, lawyers can make a meaningful difference in the lives of their clients while achieving better outcomes. Incorporating these practices into your legal practice is not just beneficial—it’s essential in today’s family law landscape.

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