Advocacy that protects: how trauma awareness can make all the difference

At the heart of trauma-informed care is a recognition of human needs, extending beyond awareness of a client’s pre-existing trauma. This will be the focus of an upcoming Capability Booster Workshop delivered by the Law Society of NSW. It is the first in a series of workshops designed to assist solicitors to develop the enduring, non-technical capabilities that reflect best practice in the profession, set out in the Solicitor Capability Framework.

One of the worst meetings I’ve ever had was during the discovery phase of a complex family law matter.

In a stunning office on the penultimate floor of a high-rise building, four legal professionals and one client went around in circles for nearly three hours. Surrounded by panoramic views of the city and comforted by a fully catered snack bar, I lost track of how many times we had asked the client questions like, “Do you remember the date that happened?” “Can you recall who was with you?” “Do you have any record of those appointments?” “Do you think you could locate those receipts?”

The answers we received were slow and uncertain, always starting with: “I think,” “I don’t quite remember,” or “I can’t be absolutely sure.”

I remember noticing early on that she hadn’t been making consistent eye contact with any of us. Even when she did, the whites of her eyes showed all the way around her irises. I can recall her having to pause and swallow several times while trying to answer certain questions. More than anything, I remember her doing something that I was trained to recognise years earlier and connecting the dots in my head: she was holding her own hand in an odd way, almost like how a child would hold the much-larger hand of a parent, with her whole right hand closed tightly around the fingers of her left. This was the moment that everything clicked into place for me: she was in our office because she had unjustly lost custody of her young son. He was not safe where he was – that much was clear immediately – and so she’d come here, to us, and she was putting everything she had – and I do mean everything – into getting him back.

Eventually, our barrister ended the meeting, saying in a tired but optimistic tone that we’d done enough for today and that we would meet again in a few days.

After the meeting, I started thinking about how some trauma therapists will take an extra minute at the start of a session to physically point out the door to the office, making clear to the client that the door was easy to open and wasn’t locked, and that if they started to feel overwhelmed, they could freely leave at any time without any repercussions. This gave me an idea, and after checking with the team, I emailed the client to organise a call for later that week.

I began by framing the request as a suggestion, not a requirement. Then, I stated exactly what the meeting would concern if she were to agree. I included a comprehensive list of questions I would ask and which documents and materials she should have on-hand, and I clarified that the phone call would start at 2:00pm and last no longer than one hour. I even remember writing something like: “I will call you at exactly 2:00pm. If you’re busy or need a moment, you don’t have to pick up. You can call me back any time between 2:00 and 2:15, and I’ll answer. If you don’t, no worries at all. I’ll email you at 2:20, and we can come up with a different plan.”

Two days later, I called her at 2:00pm on the dot. She answered by asking if she could call me back. I said yes, she hung up, and then she called me back almost immediately. When I picked up, she said, “Ok, thank you, I’m ready now,” and we jumped in.

Over the following hour, we worked together so well that we were able to sort out nearly everything we needed. A clear and accurate chronology, a list of potential witnesses and material to subpoena, a comprehensive first draft of her affidavit – she had all the answers, and this time, she was clear, specific, and confident. I remember that just before the end of the call, we were laughing together.

I can’t say for sure what this was all like for her; I sometimes think how odd my unprecedentedly detailed email must have seemed to her that one afternoon. But then I think about how her voice sounded when she called on her way home from seeing her son for the first time in months, and I think about how she thanked us, and I think about her telling me that she had finally gotten to hold his hand, and I think about how I wept after hanging up.

The idea of sending such an onerously thorough email for something as simple as a phone call might seem unnecessary, but that matter taught our whole team just how necessary it sometimes is to reclarify a client’s agency, safety, freedom, and dignity. We learned to slow down, to prioritise clarity and predictability for the client, and to be not just objectively trustworthy but subjectively, personally worthy of our clients’ trust.

Trauma-informed client care is about far more than being aware that a client has pre-existing trauma in their history. It’s about knowing how to project calmness and safety in the middle of what could be the most stressful and panic-inducing time in a client’s life. It’s about recognising and collaborating with human needs like security, understanding, and trust rather than competing against them with administrative needs like punctuality, accuracy, and efficiency. It’s about helping without causing any further pain.

If you’re interested in learning more about how to recognise client trauma and align your work to your clients’ needs, the Law Society is delivering a Capability Booster workshop on trauma-informed client care on 18 March. This workshop will assist solicitors in growing the capabilities of Communication and influence, Solicitor-client relationships, and Empathy.  You can learn more and register here.

Anna Fischer is the Growth and Wellbeing Manager at The Law Society of NSW.