Trauma-Informed Lawyering: It's Not Just for Criminal Law or Public Interest Lawyers
My trauma-informed lawyering skills enabled me to avoid exacerbating our client's trauma, give her a voice in her case, and practice with empathy and honesty that strengthened the attorney-client relationship and case trajectory.
May 13, 2024 at 01:10 PM
5 minute read
I spent almost a decade working as a Special Victims Unit prosecutor before pivoting to civil sexual abuse litigation. As any former prosecutor can attest, the civil side is a completely different beast. Learning the ropes of civil litigation left me feeling like a fish out of water. I could ad-lib an opening statement and felt at home in a courtroom, but those things seemed useless in the civil world, where trials occurred less frequently and most motions were argued on paper instead of at the trial table. Moreover, while my prosecutorial experience litigating sex crimes and child sexual and physical abuse matters proved helpful when working on civil sexual abuse cases, I deemed it useless when it came to other types of matters.
A couple of months into my first year of civil practice, a partner asked me to work with him on a tragic medical malpractice case representing a client who delivered her stillborn baby at 37 weeks. Imposter syndrome infiltrated my brain. I knew nothing about reading fetal heart monitoring strips, placental pathology, or what the results of maternal blood tests meant for fetal health. Perhaps I was meant to be an SVU prosecutor and should have never left. Fortunately, I did not jump ship, because I soon learned that I had transferable skills that proved useful for clients and cases in the civil realm. I was keenly aware of the impact trauma had on clients and the importance of lawyering with that trauma in mind. My trauma-informed lawyering skills enabled me to avoid exacerbating our client's trauma, give her a voice in her case, and practice with empathy and honesty that strengthened the attorney-client relationship and case trajectory. As the case progressed, I adeptly prepared and empowered our client to testify before a jury about her traumatic labor, delivery, and loss. I may not have been able to analyze our client's medical records with the same aptitude as the partner, but I was able to help her feel understood and prepared for what was needed from her throughout the litigation process.
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