How a “trauma lens” can support solicitors and clients in the UK family courts
Family law cases can be complex and emotionally charged, often involving deeply personal and distressing situations. For solicitors working in this field, understanding the psychological impacts on clients—particularly trauma—is crucial in navigating the intricacies of family law disputes. Viewing these issues through a “trauma lens” not only enhances a solicitor’s ability to manage cases more effectively but also fosters better outcomes for clients. This necessarily means taking steps to avoid re-traumatising clients or traumatising the professional who is taking the client through traumatic information.
What is a “trauma lens”?
A trauma lens is an approach that focuses on the impact of past or present traumatic experiences on individuals and their behaviour. In the context of family law, this could include trauma resulting from domestic abuse, separation, child removal, or other stressful family dynamics. Practitioners working in these areas gain skills through experience that enable an exchange of empathy with their client and that this is often key to gaining the clients trust and confidence. When a solicitor adopts this perspective, they consider how these experiences influence their clients’ decisions, emotional reactions, and interactions with the legal system. By acknowledging the role trauma plays, solicitors can work more empathetically and strategically to support their clients through the legal process.
Recognising trauma in family law cases
The family courts in the UK frequently deal with cases involving issues like child custody, divorce, domestic violence, and financial disputes. In many of these cases, individuals involved may have experienced emotional, psychological, or physical trauma that affects their behaviour or decisions.
For example, a parent who has been subjected to domestic abuse may struggle to trust the other party, even in straightforward custody arrangements. Similarly, a client going through a contentious divorce may exhibit heightened anxiety or aggression due to unresolved trauma. Recognising these signs early in the legal process allows a solicitor to tailor their approach, accordingly, ensuring that the client feels heard and understood.
Benefits of applying a trauma lens in family law
- Building Trust and Rapport with Clients: Family law clients are often in vulnerable positions, and many come to solicitors seeking not only legal advice but emotional support. By understanding the potential trauma behind a client’s behaviour, a solicitor can foster a sense of safety and trust. Clients are more likely to disclose sensitive information if they feel their solicitor is empathetic and non-judgmental.
- Improved Decision Making and Communication: A trauma-informed solicitor is better equipped to communicate with clients and other parties in a manner that is respectful and sensitive to the trauma experienced. This includes adopting a calm and patient tone, offering clear explanations, and being mindful of how certain legal processes may re-traumatise a client. This thoughtful approach helps prevent misunderstandings and reduces the emotional burden of the legal proceedings.
- Enhanced Case Strategy: With a trauma-informed perspective, solicitors are better able to assess the strengths and weaknesses of a case. They can identify potential areas where trauma may affect a client’s ability to participate in proceedings or make rational decisions. For example, in cases involving children, solicitors can advocate for therapeutic support for parents or children if necessary, ensuring that decisions made in court are in the best interests of the family.
- Accessing Resources and Support: Solicitors who adopt a trauma lens are more likely to recognise the need for external support services, such as counselling or domestic violence shelters. They can refer clients to appropriate services that can provide emotional and psychological support during the case, potentially reducing stress and improving client well-being.
- Supporting Client Outcomes: Understanding trauma helps solicitors craft solutions that are not only legally sound but also sensitive to the emotional and psychological needs of the client. For example, in child custody disputes, a solicitor may recommend a gradual transition plan to avoid re-traumatising a child or parent who has experienced significant emotional distress.
Conclusion
Adopting a trauma lens in family law practice is a powerful tool for solicitors navigating the UK Family Courts. It allows them to collaborate more effectively with clients, considering both legal and emotional needs, ultimately leading to better outcomes for families. By recognising the impact of trauma and providing compassionate, informed support, solicitors can make a significant difference in the lives of those affected by family disputes, ensuring that the legal process is as supportive and healing as it is just.
This article was written by Katrin White and Chantelle Poku-Kyei.
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Alternatively, email Katrin, co-author of this article and Senior Associate at Goodman Ray.
