Kaitlin Kalna Darwal Senior Staff Attorney.  It will be important to familiarize yourself with signs of trauma and understand how it may manifest itself.

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Presentation transcript:

Kaitlin Kalna Darwal Senior Staff Attorney

 It will be important to familiarize yourself with signs of trauma and understand how it may manifest itself when interviewing your client

 Isolation and Vulnerability  Language Barrier  Separation from Family  Cultural Differences  Fear of Deportation  Fear of Authority Figures  Feelings of Shame  Economic Insecurity  Unsure of Self or Families Future  Financial Insecurity  Lack of Formal education  Unfamiliarity with Law and or Legal System  Possibly Confronting Multiple Legal Issues  Experiencing Psychological Trauma

 Language Barrier o Clients may be discouraged to or uninformed of where to address basic needs issues  Separation From Family o Being cut off from support systems add unique stresses to an individual’s life  Cultural Differences o When interacting with the attorney a client may speak very little, omit details perceived to be shameful, they may say what they think the attorney wants to hear, or may remain silent even though they have questions

 Fear of Deportation and Fear of Authority Figures  Shame Due to Uncertain Legal Status or Experienced Trauma o Feeling shame may mean clients will not be forthcoming about certain details related to their life experience  Economic, Housing, and Financial Insecurities

 Lack of Formal Education o Clients may have difficulty reading and/or writing o Clients may be illiterate  Unfamiliar with Law and or Legal System o Do not assume clients know their rights

 Survivors of Domestic Violence will be facing additional barriers  It will be important to understand these barriers and to develop an appropriate attorney-client relationship o Avoids exacerbating the individuals suffering o Helps effectively receive helpful information for client’s legal issue

 Client may still be in danger  These clients are physiologically traumatized even after physical damages have healed  It is not fair or helpful to judge the victim for being in an abusive relationship

 Client may still be in danger o It will be important to establish a safe method of communication o It is not fair or helpful to judge the victim whether or not they have successfully ended the abusive relationship  Client may have seriously restricted ability to travel and or communicate

 The events the client recounts may be inconsistent  Client may jump around chronologically  Client may forget important details such as dates or important details of abuse  Client may discuss highly emotional facets of her experience with little emotion  Client may develop a deep blank stare or absent look

 Interviewing a survivor of trauma is a special kind of interview requiring more time, humility, and sensitivity than interviews for other legal issues  Develop a basic understanding of trauma-related and mental health conditions and how they affect the interview process  Establish an appropriate attorney-client culture o Essential in order to respect the individual o Essential in order to extract the information necessary for their case

 Attorney should acknowledge the interview will be hard o Explain that breaks can be taken as needed  Reassure the client that all information will be kept confidential  Use open-ended questions to facilitate information sharing  Listen carefully and emphatically and demonstrate you have both interest and desire to help the client  Employ reflective listening: clarify what the client has said by repeating what you heard her say or rephrasing

 Be aware of nonverbal cues displayed by client  Give client the space to recount his/her story from his/her own perspective  Allow client to vent emotions if needed  After listening to client vent, help the client calm down o It may be difficult to understand client while he/she is still upset  Pay attention to the manner in which client speaks and try to understand the client’s needs, fears, and concerns  Keep in mind this may be the first time the client has recounted these events

 Survivor Centered  Culturally Competent  Sensitive to the many barriers the client is confronting  Conscious that recounting these events to a stranger will be painful for the client.  Take active steps to not exacerbate harm, risks, or pain suffered

 Speak directly to and look and the client as the interpreter translates and actively look at and listen to the client as she speaks. o Conveys respects and will allow you to evaluate client’s body language  Give the interpreter time to interpret by framing questions in short sentences, speaking slowly and pausing often  Plan to double the amount of time normally needed to conduct an interview  Give the interpreter breaks as needed