Insight

Identifying, Adjusting, and Adapting: How Trauma-Informed Lawyering Helps Both Clients and Lawyers

Identifying, Adjusting, and Adapting: How Trauma-Informed Lawyering Helps Both Clients and Lawyers

Simona T. Jellinek

Simona T. Jellinek

August 22, 2023 10:38 AM

As a personal injury lawyer, I meet many people at one of the most difficult times in their life. The hurt they are feeling may be physical, emotional, psychological, or any combination of the three, but it is intense, stressful, exhausting and completely disruptive. They are, in a word, traumatized.

Fortunately, research into the effects of traumas and post-traumatic stress has grown in leaps and bounds over the past few decades. It provides great insight into what people experience when they are traumatized and what they and others can do to help manage and mitigate some of the debilitating symptoms of post-traumatic stress. But, to benefit from these advances, this insight must be properly implemented.

In this blog post, I describe the concept of trauma-informed lawyering. I explain why it is so important for lawyers interacting with traumatized people to understand how their approach to client care will be critical to prevent re-traumatizing them. Moreover, I also explore why using a trauma-informed approach can also protect lawyers from experiencing vicarious trauma while helping their clients.

Hurt and Healing: What Trauma Does to the Body and How the Body Can Heal.

The Centre for Addictions and Mental Health defines trauma as “the lasting emotional response that often results from living through a distressing event.” Post-traumatic stress “can harm a person’s sense of safety, sense of self, and ability to regulate emotions and navigate relationships. Long after the traumatic event occurs, people with trauma can often feel shame, helplessness, powerlessness and intense fear.”

Bessel van der Kolk, a pioneer in post-traumatic stress disorder (PTSD) research and author of the best-selling book The Body Keeps The Score: Brain, Mind, and Body in the Healing of Trauma, has noted that one of the frequent symptoms of PTSD is reliving the traumatic experience - whether consciously or from physiological changes that occur when trauma leaves an imprint on the brain and body.

“To people who are reliving a trauma, nothing makes sense,” he writes. “They are trapped in a life-or-death situation, a state of paralyzing fear or blind rage. Mind and body are constantly aroused, as if they are in imminent danger.”

Healing from trauma is certainly possible, but it is not something a person can do entirely on their own and in a vacuum. Humans are social creatures; our environment and social interactions have a great bearing on our mental health.

“Social support is not the same as merely being in the presence of others,” writes van der Kolk. “The critical issue is reciprocity: being truly heard and seen by the people around us, feeling that we are held in someone else’s mind and heart. For our physiology to calm down, heal, and grow we need a visceral feeling of safety.”

To read the full blog click here: Identifying, Adjusting, and Adapting: How Trauma-Informed Lawyering Helps Both Clients and Lawyers

Trending Articles

Presenting The Best Lawyers in Australia™ 2025


by Best Lawyers

Best Lawyers is proud to present The Best Lawyers in Australia for 2025, marking the 17th consecutive year of Best Lawyers awards in Australia.

Australia flag over outline of country

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky

Best Lawyers Expands 2024 Brazilian Awards


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Brazil™ and the first edition of Best Lawyers: Ones to Watch in Brazil™.

Image of Brazil city and water from sky

Announcing The Best Lawyers in South Africa™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 15th edition of The Best Lawyers in South Africa™ for 2024, including the exclusive "Law Firm of the Year" awards.

Sky view of South Africa town and waterways

The Best Lawyers in Mexico Celebrates a Milestone Year


by Best Lawyers

Best Lawyers is excited to announce the 15th edition of The Best Lawyers in Mexico™ and the second edition of Best Lawyers: Ones to Watch in Mexico™ for 2024.

Sky view of Mexico city scape

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

The Best Lawyers in Portugal™ 2024


by Best Lawyers

The 2024 awards for Portugal include the 14th edition of The Best Lawyers in Portugal™ and 2nd edition of Best Lawyers: Ones to Watch in Portugal™.

City and beach with green water and blue sky

Presenting the 2024 Best Lawyers Family Law Legal Guide


by Best Lawyers

The 2024 Best Lawyers Family Law Legal Guide is now live and includes recognitions for all Best Lawyers family law awards. Read below and explore the legal guide.

Man entering home and hugging two children in doorway

Announcing The Best Lawyers in New Zealand™ 2025 Awards


by Best Lawyers

Best Lawyers is announcing the 16th edition of The Best Lawyers in New Zealand for 2025, including individual Best Lawyers and "Lawyer of the Year" awards.

New Zealand flag over image of country outline

Announcing The Best Lawyers in Japan™ 2025


by Best Lawyers

For a milestone 15th edition, Best Lawyers is proud to announce The Best Lawyers in Japan.

Japan flag over outline of country

The Best Lawyers in Singapore™ 2025 Edition


by Best Lawyers

For 2025, Best Lawyers presents the most esteemed awards for lawyers and law firms in Singapore.

Singapore flag over outline of country

Canada Makes First Foray Into AI Regulation


by Sara Collin

As Artificial Intelligence continues to rise in use and popularity, many countries are working to ensure proper regulation. Canada has just made its first foray into AI regulation.

People standing in front of large, green pixelated image of buildings

Commingling Assets


by Tamires M. Oliveira

Commingling alone does not automatically turn an otherwise immune asset into an asset subject to marital distribution as explained by one family law lawyer.

Toy house and figure of married couple standing on stacks of coins

How Much Is a Lawyer Consultation Fee?


by Best Lawyers

Best Lawyers breaks down the key differences between consultation and retainer fees when hiring an attorney, a crucial first step in the legal process.

Client consulting with lawyer wearing a suit

The Hague Convention and International Custody Battles


by Alexandra Goldstein

One family law lawyer explains how Joe Jonas and Sophie Turner’s celebrity divorce brings The Hague Convention treaty and international child custody battles into the spotlight.

Man and woman celebrities wearing black and standing for photo