Working With Veterans: Trauma-Informed Lawyering
Headquartered in Philadelphia, Pennsylvania, Military Assistance Project (MAP) was established in 2011 to provide free legal services for active duty, reserve component, or veteran military personnel and their widow/spouses in the form of pro bono consumer and selected veteran's administrative law services. We serve all branches, include spouses and widows, and accept clients with every level of military discharge.
March 26, 2018 at 05:27 PM
6 minute read
Headquartered in Philadelphia, Pennsylvania, Military Assistance Project (MAP) was established in 2011 to provide free legal services for active duty, reserve component, or veteran military personnel and their widow/spouses in the form of pro bono consumer and selected veteran's administrative law services. We serve all branches, include spouses and widows, and accept clients with every level of military discharge.
Military Assistance Project utilizes a trauma-informed approach to lawyering whereby the law becomes an instrument of mental health healing through the provision of free legal services to veterans from all branches of service thus eliminating barriers to top-notch representation that would otherwise be inaccessible due to affordability. To date, MAP has discharged over $15 million in debt to over 1,500 clients nationwide—with a footprint in 26 states across the United States.
I joined MAP as executive director with the intention of growing our organization with two questions in mind: What's happening to our vets that they are in debt, and what can I do to give back?
Weaving a trauma-informed care (TIC) approach to MAP's service delivery model enables us to provide legal services innovatively, thoughtfully and compassionately by connecting bankruptcy and discharge upgrades (including those around post-traumatic stress and military sexual trauma), and how the law can be an instrument for mental health healing along the continuum of a veteran's life.
At its core, trauma-informed lawyering enables us—our staff, volunteers, board, students and interns—to engage in a reflective process whereby we move from “what's wrong” with this individual to “what's happened” to her. In other words, the hallmarks of trauma-informed practice are when the practitioner puts the realities of the client's trauma experiences at the forefront in engaging with the client, and adjusts the practice approach informed by the individual client's trauma experience. Trauma informed care is about ensuring all individuals feel physically and emotionally safe, are noticed and listened to, and are given a voice. It connects a person's behavior to their trauma response rather than isolating their actions to the current circumstances or assuming a character flaw.
MAP's trauma-informed practice can be particularly salient for attorneys because traditionally attorneys are trained to separate emotions from the law in order to competently analyze legal problems. Four key characteristics of trauma-informed lawyering:
- Identifying trauma
- Adjusting the attorney-client relationship
- Adapting litigation strategy
- Preventing vicarious trauma
Developing post-traumatic stress is a normal response to abnormal circumstances; It is not a sign of weakness. “When we train and condition our fellow citizens in the use of violence, then send them into the horrors of war to perform unimaginable tasks, we should not be surprised when some bring their wars home …” Brockton D. Hunter, Esq.
|Vets in Debt
Since its founding, MAP has provided pro bono bankruptcy representation to hundreds of service members. In-depth examinations of their debt sources have led to jaw-dropping loan documentation with interest rates as high as 847 percent. For a client already on debt's doorstep, a bankruptcy is the fastest route to a fresh start. However, the crux of defeating predatory lending hinges on proper education to combat the flashy signs and easy access these lenders offer. Despite attempts to curb predatory lending via legislative measures, the soundest route to eradicating this issue is to work directly with military bases and to educate these service members with regard to safe lending practices and the relief afforded by bankruptcy. Without such education, our nation's heroes will continue to be doomed to repeat the same mistakes.
Our nation's veterans answered the unselfish call of duty to keep us free. For some veterans who have returned, the battle has not ended. Active duty service members with financial troubles who have either lost their security clearance or are in jeopardy of losing it represent a percent of the population with the highest standards of integrity, yet have been faced with financial issues they struggled to control. MAP regularly receives calls from post-9/11 service members like this, who are concerned about losing or being denied security clearance (which can also jeopardize their promotability). These problems often compound with other financial problems, which MAP has experience untangling; for example, MAP once represented a service member who had his security clearance revoked due to his debt, only to have the military turn around and demand he pay them back his $25,000 re-signing bonus, because the loss of his security clearance meant he could not work the job he previously held. MAP's approach with this client was multi-layered and included several forms of financial representation. It is widely acknowledged that financial troubles can jeopardize a security clearance, but to what extent is a case-by-case basis. MAP has identified some relevant factors, including how high the security clearance is, the specific job duties of the service member, especially if they're in a financial position, and relationship with the commanding officer. Our vets are in debt, but an avenue of relief exists for them at MAP.
|Vets and the Legal Landscape
According to the latest Community Homeless Assessment, Local Education and Networking Groups (CHALENG) report, six of the top ten unmet needs facing homeless veterans are legal or financial in nature. The need for credit counseling consistently tops the charts of unmet needs for both male and female homeless veterans.
Military Assistance Project provides:
- Pro bono Chapter 7 no asset bankruptcies
- Assistance with filing back taxes or dealing with IRS debts through offers in compromise with volunteer accountants
- Has financial planners who will volunteer to speak with clients if bankruptcy is not the right course of action
- Attorneys who can also provide assistance with VA Benefit Claims, Discharge Upgrades, and appeals
Twenty-two veterans kill themselves every day, and debt plays no small role in this epidemic; unemployment and debt pose significant challenges to mental health, and a 2012 Army study found that people who are facing serious debt they are unable to repay are more than twice as likely to commit suicide as those who are not. The Army believes that the primary stressor for 12 percent of active duty suicides is financial pressures, which are also ranked as co-stressors in an even greater percentage of military suicides. Stepping in to help a veteran or active duty member in crisis can empower her to rebuild her life, and, in some cases, may save a life.
Through a laser-focused mission and application of the law, it has been our honor to serve to those who have served us.
Cecilia M. Cardesa joined Military Assistance Project (MAP) in June 2017 where she is responsible for its overall leadership and management. She brings into her management expertise a trauma-informed approach on the role of trauma and resilience among individuals, organizations and communities.
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