Family law is about far more than legal principles and procedural deadlines. Many of our clients come to us after experiencing trauma, whether through domestic abuse, relationship breakdown or protracted disputes concerning their children. Although we necessarily focus on progressing their cases, it is equally important that we remain mindful of the emotional impact the legal process can have on the clients we support.
While we cannot change the family justice system overnight, we can consider what we do as practitioners to reduce unnecessary distress for those navigating it. A trauma-informed approach does not require us to step outside our role as lawyers. Rather, it asks us to consider how we deliver our legal services in a way that reduces unnecessary distress and helps clients feel supported throughout the process.
Consider how you communicate
Something as simple as asking a client how they would prefer to receive information can make a significant difference.
Many clients appreciate receiving updates by email, but others find written correspondence overwhelming, particularly when it contains allegations, criticism, or difficult proposals from the other party. For some, a telephone call before sending correspondence can help them prepare for what they are about to read.
Timing is equally important. There is often a temptation to forward correspondence as soon as it arrives, but it is worth discussing with clients in advance how they would like difficult or potentially distressing correspondence to be handled. If a particularly upsetting letter arrives late on a Friday afternoon, for example, some clients may prefer to receive it immediately, while others may appreciate a call first or, where appropriate, receiving it at a time when support is available.
Trauma-informed practice is often found in the small things. Clients who have experienced abuse or trauma are frequently asked to tell their story over and over again throughout proceedings. Whilst there will inevitably be occasions when this is necessary, practitioners should take care not to require clients to unnecessarily relive traumatic experiences.
Equally, we should recognise that attending court hearings can be particularly difficult or retraumatising for clients. Many clients leave court feeling exhausted, overwhelmed and uncertain about what has happened. Taking a few minutes to follow up after a hearing, check their understanding of the outcome and explain the next steps can make a significant.
These considerations can help clients feel more in control during a time when many aspects of their lives feel anything but.
Look beyond the legal case
As family lawyers, we are experts in the law. We are not counsellors, therapists or psychologists. Whilst we can support clients through the legal process, we should also recognise that many will require a wider support network to help them process the trauma they have experienced.
Many clients benefit from professional therapeutic support during proceedings. Sometimes a client may already be working with a counsellor. Sometimes they may never have considered speaking to someone about the impact the relationship or litigation has had on them.
Where appropriate, encouraging a client to seek support from a suitably qualified professional can be invaluable. Trauma-informed counsellors and therapists can help individuals understand the effects of trauma, recognise unhealthy patterns of behaviour, rebuild confidence and develop strategies to move forward.
A strong support network can make a real difference to a client’s ability to engage with the legal process and make decisions about their future.
Follow up in respect of special measures
For clients who have experienced domestic abuse, attending court can be one of the most traumatic parts of their case.
Where special measures have been ordered, or have been requested, practitioners should not assume that arrangements will automatically be in place on the day. Court staff work incredibly hard, often under considerable pressure, but taking the time to follow up can make a significant difference to a client’s experience.
If your client requires provision for a separate entrance, a private waiting room, a screen, or another protective measure, check and then check again. Arriving early at court, speaking to staff and confirming practical arrangements can help avoid unnecessary stress and ensure your client feels safe and supported.
Something that may seem like a minor logistical issue to a lawyer can feel enormous to a client who is worried about encountering the other party.
Listen to what your client needs
Trauma affects people differently. There is no single approach that works for every client.
Some clients want regular updates and reassurance. Others prefer communication only when there has been meaningful progress. Some want detailed explanations of every step in the process. Others find information overwhelming and prefer matters to be broken down into manageable stages.
Taking the time to ask clients what they need – and really listening to the answer – can significantly improve their experience of the legal process.
We cannot remove every source of stress, but we can often reduce some of the uncertainty they face.
A small change can make a big difference
Being trauma-informed does not require a complete overhaul of practice. It can start with relatively small changes: asking how a client wishes to be contacted, considering the timing of difficult correspondence, checking whether support is in place, ensuring special measures are actually available when needed, and listening carefully to what each individual client requires.
The family justice system can be daunting, particularly for those who have experienced abuse, coercive and controlling behaviour or other forms of trauma.
Sometimes, the most important thing we can do is remember that behind every case file is a person navigating an incredibly difficult chapter of their life.
Emily-Jo Moore, Irwin Mitchell
Emily-Jo is a solicitor at Irwin Mitchell and a member of the Irwin Mitchell family team Domestic Abuse Team of Excellence.
Resolution members can find more detailed guidance on trauma-informed practice in Resolution’s Good Practice Guide on Domestic Abuse, which expands on many of the practical themes discussed here, including recognising different forms of abuse, safeguarding and working collaboratively with other professionals.
Read the Good Practice Guide on Domestic Abuse
