Lawyers often meet people when they are navigating some of the most difficult circumstances they will ever face. Our clients are dealing with different forms of abuse, harassment, discrimination, and harm.
The unavoidable truth is that trauma is present in nearly every case a lawyer will handle. But traditional legal practices and procedures don’t always acknowledge, support, or recognize the massive, invisible weight most clients are carrying.
This gap in what clients experience and how lawyers support their clients is why learning about trauma-informed lawyering is crucial for any lawyer in 2025.
What is trauma-informed lawyering?
Trauma-informed lawyering is an approach to working with clients centered on how trauma impacts everything a client says, does, or needs.
Lawyers often assume clients will respond in a way that feels “logical” or predictable, but that’s not always the case.
A trauma-informed lawyer is aware of and prepared for certain symptoms of trauma in their interactions with clients, including:
- Anxiety
- Hypervigilance
- Avoidance
- Emotional dysregulation
When lawyers can recognize that challenges like inconsistent memory, reluctance to revisit painful details, or heightened stress during legal proceedings are not a sign of dishonesty, but instead a symptom of trauma, they can advocate for and support their clients in a more compassionate, effective way.
Recognizing and acknowledging that trauma impacts a clients’ behavior, communication, and needs is the first step.
Once you’re aware of how trauma may show up, you can start incorporating these practical tips to shift your approach:
- Replace “Why didn’t you…” or questions that can feel accusatory with open-ended questions like, “Can you share what happened from your perspective?”
- Consistently check-in with your client. Ask if they want to slow down or take a break, letting them set the pace for your conversation.
- Normalize emotional reactions instead of dismissing, ignoring, or negatively responding to them.
Trauma-informed lawyering will protect your client, help you build more trust, and ultimately lead to a stronger case.
Common Missteps lawyers make without a trauma lens
Lawyers have a professional responsibility to do no harm. Unfortunately, when a lawyer doesn’t recognize the need for trauma-informed lawyering, clients can be unintentionally retraumatized.
Some of the most common missteps lawyers make include:
- Aggressive questioning
In an effort to mimic potential cross-examination or extract key information, some lawyers leave clients feeling attacked and exposed instead of supported. - Ignoring the emotional impact and context
When lawyers focus only on facts, timelines, and evidence without acknowledging the human experience, clients can feel dehumanized. - Not explaining the process
The legal process is second-hand for lawyers, but most clients have no idea what to expect. Failing to clearly communicate what will happen can create distrust and disorientation.
If you want to adopt a more trauma-informed approach, there are some simple steps you can take to better support clients.
- Instead of aggressive questioning, try asking open-ended questions.
- Write down the steps of the legal process in simple, clear language so your client can read through it later instead of having to process and remember everything in the moment.
- Provide plenty of opportunities for breaks and ensure your client feels in control of the conversation.
- Before discussing sensitive information or events, always ask permission.
Adopting a trauma-informed approach doesn’t have to be complicated. Knowing the missteps and proactively avoiding them goes a long way in creating a better experience for clients.
Trauma-informed lawyering in action
How do trauma-informed lawyers work differently with real clients? Let’s look at a few examples.
Cyber Harassment
In this case, a lawyer was representing a client who was targeted through online harassment. On the surface, the facts and timeline were somewhat weak and the lawyer didn’t think there was a case. But when the lawyer shifted into talking about the emotional toll, the client felt safe enough to share critical details that strengthened the case and gave the lawyer a clear path forward.
Domestic Violence Divorce
A lawyer represented a client who had been the victim of domestic violence, but didn’t want to participate in the court proceedings. This trauma-informed lawyer understood that having to sit across from the abuser would retraumatize their client, and they adjusted the courtroom strategy to minimize contact. This protection helped the client testify with greater confidence and clarity.
Immigration Law
During a deposition, a client who had faced intense persecution froze during questioning. Instead of pressing the client or demanding answers, the lawyer paused, reassured the client, and rescheduled the interview. When the client came back later, they were able to share more openly and helped the lawyer build a stronger, more effective asylum application.
Practicing with a trauma-informed lens can lead to better outcomes for clients.
Trauma-informed tools and practices
As a lawyer, it’s not your job to be a therapist.
But you can take intentional steps to create a safe, predictable, and respectful legal process for every client, regardless of what they are dealing with.
The practices shared as solutions to the common missteps lawyers make are the best way to implement a trauma-informed practice. These tools include:
- Mindful intake interviews
- Setting clear expectations + timelines
- Pacing communication + breaking information into smaller pieces
You don’t have to do trauma-informed lawyering alone. With your client’s consent, you can collaborate with a therapist or advocate to help your client process their trauma and better navigate the legal system.
There are also helpful trauma-informed lawyering resources available:
- Trauma-Informed Legal Advocacy (TILA) Project from The National Center on Domestic Violence, Trauma, and Mental Health
- Training programs from the National Crime Victim Law Institute (NCVLI)
- The Trauma-Informed Law Project
Every lawyer should care about trauma-informed lawyering
A trauma-informed legal practice isn’t just a nice bonus. It needs to be the industry-standard approach.
Trauma-informed lawyering leads to better outcomes. When clients feel safe, respected, and protected, they are more likely to share key information and recall crucial details.
When a client feels like their lawyer respects them and treats them with dignity, care, and respect, they are more forthcoming and cooperative.
Lawyers have a duty to protect clients, and this includes their emotional and psychological safety.
As more courts, judges, and law firms acknowledge the significant impact trauma plays in the legal process and how it impacts many clients, a trauma-informed approach is becoming more prevalent. Many see trauma-informed lawyering as a requirement for a competent practice in today’s legal environment.
Becoming a trauma-informed lawyer helps you better serve your clients and stay ahead of inevitable, profession-wide changes.
Looking for a trauma-informed lawyer?
At Lindsay Lieberman Law and Consulting, we are committed to a trauma-informed approach to the law and every client.
If you would like to refer a case to us, please fill out this contact form. We represent clients in New York, New Jersey, DC, Rhode Island, and in federal courts.
And if you are a client who has suffered trauma and wants to work with a trauma-informed lawyer who will create a safe space for you to share your story and explore your legal options, we would love to hear from you. (Filling out this form is 100% confidential and non-binding.)
You can learn more about our work on our website.
