Trauma-informed Lawyering A State of the Knowledge Review

Trauma-informed lawyering is an emerging practice in which legal services and practitioners recognise and respond to the impact of trauma on individuals who come into contact with the legal system. Trauma can be defined as an event or series of events that overwhelm an individual’s ability to cope, leaving them feeling helpless, powerless, and vulnerable. Trauma can result from a range of experiences, including physical, sexual, or emotional abuse, neglect, violence, or other forms of harm. Trauma can profoundly impact an individual’s mental, emotional, and physical health, as well as their ability to engage with the legal system. Trauma-informed lawyering is a specific application of the broader concept of trauma-informed care. Trauma-informed care is an approach to healthcare and welfare provision that recognises the impact of trauma on individuals and seeks to provide care sensitive to the needs of trauma survivors. A focus on safety, trustworthiness, choice, collaboration, and empowerment characterises trauma-informed care. Trauma-informed lawyering applies these principles in the delivery of legal services, recognising that individuals who have experienced trauma may have unique needs and challenges when engaging with the legal system. Originating in the United States (US) and then expanding to other jurisdictions, trauma-informed lawyering seeks to address the impact of trauma on individuals who come into contact with the legal system by providing legal services that are sensitive to the needs of trauma survivors. This approach recognises that traditional legal service delivery may not be appropriate for individuals who have experienced trauma, and that legal professionals need to be trained in trauma-informed practice to provide effective and compassionate legal services. This State of the Knowledge Review provides a comprehensive overview of the current research and literature regarding trauma-informed legal practice. The review includes a detailed literature search methodology, which involved searching scholarly databases and grey literature and contacting local and international experts. The review identified several key themes relevant to trauma-informed legal services or lawyering, including the importance of incorporating the service user perspective, the need for trauma-informed legal service delivery, challenges of implementing trauma-informed legal practice and future directions for development.