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
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2. What is “trauma?”
And how do I recognize it when I see it?
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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
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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
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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
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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
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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
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8. Prevalent … but not discussed
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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
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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)
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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
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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.)
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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
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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
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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
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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.
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17. Trauma-Informed advocacy
Movement began in about 2011
Premise: Giving attention and space to client to express trauma improves representation
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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.
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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
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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
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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).
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22. Adjust Relationship with Client
Identify Trauma
Adjust Relationship with Client
Adapt Litigation Strategy
Prevent Vicarious Trauma
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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
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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
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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
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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
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27. Prevent Vicarious Trauma
Try to keep caseloads balanced
Open lines of communication with colleagues
Appropriate boundaries/”needy” family members
Prevent Vicarious Trauma
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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