“There is an ever developing understanding of trauma and the effects of trauma within our society. That is true also within the legal profession. Many lawyers represent clients in cases that can strike at the very heart of a trauma, particularly so those involved in the criminal justice system and in the civil courts.

Three years ago, I was proud to have become the first lawyer in the Highlands to have become certified by the Law Society of Scotland as Trauma-Informed. Since then, there have been a growing number of lawyers in the Highlands and across Scotland gaining this certification.

Specialising in family law, my role tends to focus on helping clients through a separation and/or disputes relating to the care of children. I am acutely aware that these subjects can be traumatic in themselves, both for the separating couple and also for any children involved. For some, what they are experiencing or have experienced prior to consulting with me could be the source of a trauma. For others, perhaps they have suffered a trauma in their past and the issue they are now facing may have the potential to re-traumatise them or otherwise trigger feelings associated with a past experience of trauma. With this in mind, it is all the more important for me to have an understanding of what that might mean for a client to allow me to support any such vulnerabilities in the most effective way possible.

What is trauma?

In basic terms, trauma is a response to a negative experience, for example something that was frightening, distressing or stressful. Trauma can arise from a single incident or from a continuous or ongoing exposure to traumatic stressors. Our bodies respond to traumatic experiences with a view to protecting us, for survival. Most will have heard of the ‘fight’, ‘flight’ or ‘freeze’ responses. These are automatic responses and something over which we generally have no control. After experiencing a traumatic event, when the danger or perceived danger has passed, sometimes our bodies and minds might hold on to that response. In doing so, it can then become difficult to move past what happened. The effects of a traumatic experience can be psychological and they can also be physical.

Something I find interesting about trauma is just how deeply personal it is, and by that I mean how two people may be exposed to the same experience, however, one person may suffer a lasting impact whereas the other may not. I find this to be incredibly validating. There is no right or wrong response to what we have each experienced in life. We are who we are, and we respond how our bodies and our minds will have us respond. Our responses often flow from our own life experiences, all of which make us the unique individuals that we are.

What does it mean to be Trauma-Informed?

A trauma‑informed lawyer understands that trauma can shape how a person thinks, behaves, and interacts with others, particularly so with systems of authority. Trauma is not always visible, and clients may present as withdrawn, defensive, hostile, or perhaps inconsistent in recounting events. Rather than interpreting these behaviours as intentional or obstructive, a trauma‑informed lawyer will be aware and mindful of the possibility that such behaviours may be adaptive responses to past experiences.

As a family lawyer I do my best to work with all clients with a sense of individuality in mind; understanding that each client comes to me with their own story and their own life experience. I may deal with family disputes most days of my working week but it is true to say that no two cases are ever the same.

At the heart of trauma‑informed practice are a few core principles which include: safety, trust, choice, collaboration and empowerment. For clients to feel supported throughout the work we do and to get the best out of my clients, it is important to follow each of these principles throughout each case. My hope for all of my clients is to allow their cases to progress and conclude with them feeling seen, heard, respected and satisfied with the outcome whatever that may look like, allowing them to move forward hopefully in as positive a way as possible”.

Article by Natalie Bruce, Associate Solicitor

If you require assistance, please contact our Family Law Department on 01463 221727 or email legal@munronoble.com