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Trauma-Informed Interviewing and advocacy

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1 Trauma-Informed Interviewing and advocacy
Elliott Ozment Founder, Ozment Law 1214 Murfreesboro Pike Nashville, TN 37217 ozmentlaw.com (615) Fighting for Immigrant Rights | Luchando por los Derechos de los Inmigrantes • Introduce self and firm Ozment Law

2 What is “trauma?” And how do I recognize it when I see it? Ozment Law

3 Trauma is victimization.
• Condition of victimization – not a set of events • Not one deeply distressing or disturbing experience — but rather, a cascade of reaction(s) to a deeply distressing/disturbing event • Physical condition of feeling hopeless and profoundly upset because of ongoing victimization or chronic abuse Ozment Law

4 Trauma is victimization
“[An] emotional response to a terrible event like an accident, rape or natural disaster. Immediately after the event, shock and denial are typical. Longer term reactions include unpredictable emotions, flashbacks, strained relationships and even physical symptoms like headaches or nausea. While these feelings are normal, some people have difficulty moving on with their lives.” — American Psychological Ass’n, 2015 Ozment Law

5 Trauma in your practice
Client admits she is suffering Client presents with a problem, but denies “trauma” Sometimes, the client or potential client is frank in discussing problems, emotional issues, sleepless nights, etc. Examples: “I am ‘keyed up’ and ‘on eggshells’ all the time.” “My friends/family tell me I act differently now.” “I don’t enjoy the things I used to.” “I am constantly worried about _____.” Client presents to the office with legal problem In obtaining the basic facts about the legal issue, you notice keys that may indicate client has gone through a painful experience: Change of demeanor in response to certain questions Closed-off body language Vague descriptions of important acts Crying or demonstrating contextually inappropriate behavior (e.g., not crying when you would expect a person to be very emotional) Anger or more problematically, denial Ozment Law

6 Examples of Trauma Victims in our Immigration practice
Asylum, withholding of removal, and relief under the Convention against Torture Domestic violence victims (immigration relief under the Violence Against Women Act) Human trafficking Sex trafficking Labor trafficking, involuntary servitude, peonage, forced labor = modern slavery Special Immigrant Juveniles (dependent/neglected or otherwise dependent on the juvenile court) Civil rights victims Villegas v. Metro. Gov’t of Nashville and Davidson Cnty. Raid victims Persons subjected to unnecessary, invasive body searches • Explain each (briefly) as to what the law is Ozment Law

7 Everyone can be a trauma victim
It is not just the most “extreme” cases… The most challenging cases involve victims who do not realize they are victims Ozment Law

8 Prevalent … but not discussed
Ozment Law

9 Most common traumatic events
Bystander to Violence/Severe Injury Personal Victim of Violence, Robbery, Intimate Partner, etc. Sudden Death of Loved One Severe Disruption in Life — refugees, deportees Ozment Law

10 Consider your practice
Studies show high correlation between race and risk of experiencing trauma. See, e.g., Dottie Lebron, et al., The Trauma of Racism (McSilver Institute for Poverty Policy & Research, NYU 2015); Glenn H. Miller, Commentary: The Trauma of Insidious Racism 37(1) J Am. Acad. Psychiatry Law 41, 42 (Mar. 2009). Similarly, correlations shown between urban poverty and risk of trauma. Your community of clients may suffer certain types of trauma (violence, racism, poverty, systemic abuse, employee/worker abuse, human trafficking) Ozment Law

11 Ptsd: The Classic Manifestation
Posttraumatic Stress Disorder Hyperactive “flight-or-fight” behaviors/mentality Excessive fright Irritability, anxiety, depression Flat affect/mood Course varies – some people will exhibit symptoms within 3 mos., some take years Trauma is more than PTSD: Generalized Anxiety Disorder Bipolar Disorder Major Depression Ozment Law

12 Cultural Barriers to Recognizing Trauma
Latest research strongly suggests that a person outside the victim’s peer group is less likely to detect signs of distress Language Cultural Differences Age (children and adults cope differently) Educational Background Inability of legal professional to comprehend trauma (border-crossing issues, forced labor, slavery, etc.) Ozment Law

13 You are not competently representing your client if you are unable to bridge a language gap.
Translation Ensure translator is prepared that the content may be sensitive. Important for translator to be neutral but compassionate. Facial expressions may communicate more than language. Be engaged. Language Ozment Law

14 Some cultures consider showing signs of mental or emotional distress to be a sign of weakness.
Intersection with gender “Men don’t cry.” “You’re supposed to be the protector.” Desire to not appear “weak” Ctr. for Disease Control & Prev.: 10% of men have been victims of rape, physical abuse, or stalking by partner Fear of retaliation/retribution if the person is returned to the place of trauma Reluctance to discuss because, for example, what if I am deported and my attackers find out I “told on” them Family doesn't know about victimization, and culture values family openness  Importance of confidentiality How much does client authorize family members to know? What if client becomes detained/arrested? Cultural barriers Ozment Law

15 Adults are the least likely to admit to suffering from their victimization.
Most research and the overwhelming majority of law review and journal articles related to trauma-informed legal practice involve child victims. Melissa Breger, Healing Sex-Trafficked Children” 118 W. Va. L. Rev (2016) ABA Project to Help Children Experiencing Multiple Traumas, 31 No. 11 Child L. Prac (Nov. 2012) Heather Renwick, et al., Trial Defense Guidelines: Representing a Child Client Facing a Possible Life Sentence, NACDL Capaign for the Fair Sentencing of Youth, Champion, June 2015 However, children are often (but not always!) much more willing to express their fears, concerns, troubles, etc. They lack much of the societal pressure adults are under. BUT children may show their traumatization differently from adults. Withdrawn Acting out Sleep and eating irregularity Obsessional behaviors Age Ozment Law

16 Clients come to law offices because they have problems!
Remember in your practice that clients rarely seek your firm’s help because everything is going well! Most clients come to you with problems. Consider that trauma rates are likely higher among thoseseeking legal assistance. Paralegals and legal assistants are on the front line of detecting a traumatized client or potential client Lawyers often focused on “the law” Lawyers sometimes become desensitized to seeing years of traumatized clients We aren’t counselors or mental health professionals—nor should we try to be—but we serve our clients best when we are empathic, aware, and sympathetic. Ozment Law

17 Trauma-Informed advocacy
Movement began in about 2011 Premise: Giving attention and space to client to express trauma improves representation Ozment Law

18 Why? Ultimately, giving due attention to your clients’ traumatic pasts: Improves the representation by making the client feel invested Provides space for the client to more comfortably relate important, sometimes critical details about their victimization, which may be dispositive to the outcomes of their case Fosters freer client communication, as the client feels more comfortable with the legal staff who recognizes what they’ve been through Allows for easier and more competent preparation of clients for hearings/depositions Compassion and authenticity! It’s just good practice: You want your clients to respect you as a person and a professional – then they may be more likely to consider your advice! Clients with unexpressed trauma jeopardize their health as their case progresses. Ozment Law

19 Sense of Safety/Security: Openness to the client’s experience
Be patient with your client Even though you may run behind or late If an initial consultation, consider merely detecting a case complicated by trauma and schedule an appointment to delve into the facts at an unhurried time Be affirming Address client’s concerns beyond an explanation of what questions the client should expect at the hearing Acknowledge with client the legal system’s shortcomings, and how the legal system may not “solve” the problem/meet client’s goals Consider other forms of “healing” as well Therapy, support groups, substance abuse classes/treatment, etc. Discuss with your attorneys your findings and how you believe this client’s history of abuse and after-effects (i.e., trauma) could impact how the office handles the case Ozment Law

20 Recognize the signs of vicarious trauma in yourself and colleagues
“Vicarious” or “bystander” trauma is that experienced second-hand 2003 study: Legal professionals suffer higher rates of vicarious trauma than mental health professionals! Boundaries: Emotional involvement in clients’ trauma gets tiring; burnout Don’t be shy about discussing concerns with colleagues – office environment of communication and support Ozment Law

21 Four principles of trauma-informed legal support
Sarah Katz, Deeya Haldar, The Pedagogy of Trauma-Informed Lawyering, 22 Clinical L. Rev. 359 (Spring 2016). Ozment Law

22 Adjust Relationship with Client
Identify Trauma Adjust Relationship with Client Adapt Litigation Strategy Prevent Vicarious Trauma Ozment Law

23 Identify trauma Don’t “essentialize” traumatized victims
Not everyone reacts the same way Differing thresholds before experiencing trauma Trauma is a continuum, not an on-off switch Interviewing skills; be present Barriers such as fear of what client may say, not knowing how to respond to client, fear of losing composure, moral judgment, idealization of victim and subsequent disillusionment Judy I. Eidelson, Representing Traumatized Clients, Phila. Bar Assoc. Family L., at 109, (Nov. 4, 2013); Katz & Haldar at 387 Patiently take facts – if client frustrated, ask for lawyer backup and/or acknowledge client’s frustration while not getting defensive Keep line of communication as open as possible Feedback with staff afterwards? Identify trauma Ozment Law

24 Adjust Client relationship
Recognize in the client: Cycles of abuse Dynamic of power and control by abuser (gang leadership, employer, domestic partner, etc.) May require more communication, phone calls, in-person meetings than the average case Consider nonlegal solutions Substance abuse counseling, AA, NA Therapy Referral to doctor(s) … and get documentation of these – they may help build, and win, your case! (U-visas, T-visas, provisional presence waivers, proving emotional distress damages, etc.) Adjust Client relationship Ozment Law

25 Adapt Litigation Strategy
Court experience/client declaration may itself be retraumatizing Examples: Preparing an asylum victim’s case in immigration court Detention is traumatizing, even civil detention – possibility of mandatory detention, family detention centers Compiling proof Explaining complicated law to family and client Family suffering from vicarious trauma Preparing for trial Translation Courtroom atmospherics Naïvité of U.S. legal system, administrative law (Executive Branch) legal system Trial experience After-trial issues Adapt Litigation Strategy Ozment Law

26 Adapt Litigation Strategy
Trauma witnesses are often poor witnesses Judges may assume that trauma victims testify with great many details Brain stores traumatic memories in a disjointed manner Client’s display of emotions/lack of emotions Dissociation Aggressive cross-examination of vulnerable people Divide preparation sessions into smaller blocks of time, if you have that luxury Remind client they can ask the court for breaks Prepare for range of possible outcomes Consider use of expert testimony Adapt Litigation Strategy Ozment Law

27 Prevent Vicarious Trauma
Try to keep caseloads balanced Open lines of communication with colleagues Appropriate boundaries/”needy” family members Prevent Vicarious Trauma Ozment Law

28 Ozment Law 1214 Murfreesboro Pike Nashville, TN 37217
Elliott Ozment Ozment Law Murfreesboro Pike Nashville, TN 37217 (615) • Introduce self and firm Ozment Law


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