Written by Tanya Thakur, Family Lawyer at Crossroads Law, Vancouver
In today's world, the need for affordable legal services is increasingly important, particularly in the realm of family law. As many people grapple with the escalating costs of legal services, they often feel compelled to represent their own interests in court - a journey that can be particularly challenging for individuals battling trauma, most notably trauma related to family violence. Legal coaching, imbued with a trauma-informed approach, is proving to be a critical tool in mitigating the stress of self-representation and making justice more accessible.
What is Trauma?
Trauma, while a common term, is not always fully understood. It is far more than a simple reaction to adverse events. Trauma can stem from a single event or series of events, having an immediate and long-lasting impact on the survivor's physical, emotional, and mental health. The effects of trauma are far-reaching, often resulting in debilitating physical pain, emotional turmoil, and a diminished sense of self that can persist for years after the traumatic event. Trauma can also affect how a person interacts with the world, disrupting their relationships, work, and their overall quality of life.
In the realm of family law, trauma often introduces an additional layer of complexity, with the inherent stressors of the legal process frequently exacerbating symptoms. This can be particularly challenging when the trauma originates from the family relationship, as is often the case with survivors of family violence. These survivors may find themselves retraumatized - a term commonly used to describe the reliving of traumatic experiences - when they are required to retell their traumatic stories in court, bear the burden of proving the impact of their trauma, or face the prospect of unavoidable encounters with an ex-spouse who may be the source of their trauma. Retraumatization can be triggered by a variety of factors that are often difficult, if not impossible, to avoid in the legal battle.
The Origin of Trauma-Informed Legal Coaching
Researchers Maxine Harris and Roger Fallot introduced the term 'trauma-informed' in 2001, advocating for an approach that prompts practitioners to ask clients "what happened to you?" rather than "what is wrong with you?". This significant shift in perspective, from attributing blame to fostering understanding, marks a crucial turning point in how trauma is approached within the legal realm.
The emergence of trauma-informed legal coaching has been guided by renowned practitioners like Myrna McCallum of the Trauma Informed Lawyer Podcast, who have made significant strides in creating awareness about trauma within the legal sphere. This innovative approach, based on a compassionate understanding of clients' experiences, is transforming the ways in which legal services are delivered.
In their 2021 work, O’Regan, Fusco-Virtue, Henry, and Matheson explain how a trauma-informed approach to legal practice fundamentally recognizes the pivotal role that trauma plays in the lawyer-client relationship. This approach involves creating and delivering legal services that take into account and actively work to reduce the impact of trauma on clients. It strives to reduce re-traumatization and enhance legal advocacy. It also recognizes the profound effect trauma can have on an individual’s ability to navigate the legal system, particularly in the emotionally fraught realm of family law.
How Trauma-Informed Legal Coaching is Making a Difference
Considering the high prevalence of trauma in the general population, the integration of trauma-informed practices into legal services has become essential. The courtroom, with its formal setting, adversarial nature, and often impersonal proceedings, can be daunting for many clients, and can trigger symptoms even more so for those dealing with trauma. Trauma-informed legal coaching offers a solution, providing a less confrontational and more empathetic approach tailored to an individual's unique needs.
Negative experiences with the legal system are common among many clients, frequently stemming from a lack of understanding of the process. In traditional circumstances, lawyers might fail to sufficiently clarify their motivations or outline the steps involved during representation, which can exacerbate client stress and anxiety. Trauma-informed legal coaches, on the other hand, embody a more transparent approach. For example, they might clarify the nature of their meetings, explain their role and the roles of others in court, and outline potential developments throughout their coaching engagement. This transparency fosters trust with the client and often alleviates some anxieties. Importantly, these coaches engage with clients empathetically, approaching their lived experiences without judgement.
Trauma-informed legal coaching is contextual and tailored to meet the client where they are. Examples of a trauma informed practice might also include providing specific accommodations for client interviewing: taking breaks, listening effectively, openly communicating, connecting clients with community resources, or extensive witness preparation to alleviate client anxiety. No matter its form, a trauma-informed practice assists lawyers in forging meaningful connections with their clients, leading to more effective advocacy and, often, better legal outcomes.
The Value of Choosing a Trauma-Informed Legal Coach
A trauma-informed legal coach offers more than just an understanding of the law. These professionals understand the profound effects of trauma and recognize how it can shape an individual's interaction with the legal system. They validate their client’s concerns and frustrations, help them navigate their legal options without making them feel judged or misunderstood, and they do this with sensitivity and respect for their client’s traumatic history.
Beyond this, trauma-informed coaches are trained to screen for trauma - such as family violence, which is critical in assessing the dynamics of the family and the client's safety needs. Committed to minimizing client harm, they adopt a patient and empathetic approach, acknowledging that trauma can add to the challenges of navigating the legal system.
Furthermore, trauma-informed coaches are also able to connect clients to resources in the community that can assist with their non-legal needs. This holistic approach acknowledges that legal issues seldom exist in isolation and that clients often need support in other aspects of their lives as well.
Trauma-Informed Legal Coaching at Coach My Case
At Coach My Case, we champion the principles of trauma-informed coaching. We believe that no one should have to navigate the complexities of family law alone, particularly when dealing with trauma. Our goal is to meet clients where they are, understand their unique circumstances, and work collaboratively to chart the best possible path forward.
Our approach is anchored in empathy, respect, and understanding. We strive to reduce the stress associated with family breakdowns and provide clear, understandable legal information to aid our clients on their journey towards justice.
If you are in need of guidance or support in navigating your family law matter, we invite you to book your free 20-minute consultation today. Let us help you carve a path that best serves your needs and respects your experiences.
