1. Working with Survivors of Trauma
Centro Legal de la Raza
Working with Survivors of Trauma
Kaitlin Kalna Darwal
Immigration Managing Attorney

2. Interviewing Survivors of Trauma: An Overview
It will be important to familiarize yourself with signs of trauma and understand how it may manifest itself when interviewing your client

3. Common Obstacles Confronting Individuals Applying for U-Visa or DAWA
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

4. How these obstacles relate to attorneys and advocates
Language Barrier
Clients may be discouraged to or uninformed of where to address basic needs issues
Separation From Family
Being cut off from support systems add unique stresses to an individual’s life
Cultural Differences
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

5. How these obstacles relate to attorneys and advocates
Fear of Deportation and Fear of Authority Figures
Shame Due to Uncertain Legal Status or Experienced Trauma
Feeling shame may mean clients will not be forthcoming about certain details related to their life experience
Economic, Housing, and Financial Insecurities

6. How these obstacles relate to attorneys and advocates
Lack of Formal Education
Clients may have difficulty reading and/or writing
Clients may be illiterate
Unfamiliar with Law and or Legal System
Do not assume clients know their rights

7. Survivors of Domestic Violence

8. Additional Barriers Confronting Victims of Domestic Violence
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
Avoids exacerbating the individuals suffering
Helps effectively receive helpful information for client’s legal issue

9. Issues to Keep in Mind When Working with Victims of Domestic Violence
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

10. How Obstacles Manifest Themselves When Working with Clients
Client may still be in danger
It will be important to establish a safe method of communication
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

11. What to Expect When Interviewing Survivors of Trauma
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

12. Guidelines for Interviewing Survivors of Trauma
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
Essential in order to respect the individual
Essential in order to extract the information necessary for their case

13. Interviewing Guidelines: During the Interview
Attorney should acknowledge the interview will be hard
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

14. Interview Guidelines: During the Interview
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
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

15. Appropriate Attorney-Client Culture
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

16. Interview Guidelines: Using an Interpreter
Speak directly to and look and the client as the interpreter translates and actively look at and listen to the client as she speaks.
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

17. Working with Survivors of Trauma