What is trauma informed practice?
As lawyers, our aim is to advise our clients on their rights and support them through the litigation process. Practising in a trauma informed way means adapting our approach to protect the wellbeing of clients who have been impacted by trauma and to prevent re traumatisation. A trauma informed lawyer recognises when a client is affected by trauma and uses clear communication so the client understands advice and can give informed instructions on how they wish to progress their claim.
What are the benefits of trauma informed practice?
Trauma informed practice is an effective way to work with people impacted by trauma and helps prevent re traumatisation. It supports a strong solicitor and client relationship and keeps the client involved and supported at each stage. Greater engagement helps secure better evidence and improves the prospect of a successful outcome. It can also help to maximise compensation.
For lawyers, it encourages an approach that preserves wellbeing and mitigates vicarious trauma.
How do lawyers apply the principles in practice?
Trauma informed practice means approaching client care with the impact of trauma in mind and avoiding re traumatisation using core principles. These principles are:
- Safety: Clients should feel safe both practically and emotionally. Consider where meetings take place and whether attending their home would be easier. Help clients feel comfortable by showing openness about how you work and what matters to you.
- Trust: Trust is essential. Communicate clearly, follow through on what you say and be reliable. At the same time, be flexible and human in your responses. If a client is distressed, pause the meeting, offer water or give them space. Make sure they know you are acting in their best interests.
- Choice: Give clients control by offering choices wherever possible, as trauma removes that sense of control. Even small decisions, such as how or when a statement is taken, can help.
- Collaboration: Work with clients towards shared goals. Provide clear advice, explain options and outline strengths and weaknesses. Ensure they understand the issues so decisions are made together. Do not avoid difficult conversations about risks or barriers.
- Empowerment: Use your understanding of trauma to support clients who feel overwhelmed. Signpost to other organisations when needed. Acknowledge their feelings to help them regain control. Through the litigation process, clients should feel empowered by seeking justice and able to reflect positively on having taken that step.
Why become trauma informed?
Personal injury lawyers regularly act for individuals with life altering injuries and for family members who have lost loved ones. A trauma informed approach helps clients move beyond the litigation rather than be re traumatised by it. It also supports our duty to act in their best interests and to obtain the best evidence.
How do lawyers protect themselves from vicarious trauma?
Protect your own wellbeing. Recognise the impact of this work and respond to it. Balance empathy with safe professional detachment and signpost when needs go beyond legal skills.
NHS Education for Scotland ABCs of self care:
- Awareness: of the impact of trauma, your responses, and coping strategies
- Balance: breaks, recharging, and boundaries
- Connection: with colleagues, family, and friends
Team and organisational support, compassion and clear boundaries are also vital.
What does the legal context look like?
Trauma informed practice became a legal requirement under the Victims, Witnesses and Justice Reform (Scotland) Act 2025, so it is important to understand its aims and principles.
Although trauma informed work can take more time and effort, lawyers have a responsibility to act in their clients’ best interests and obtain the strongest evidence. This means getting to know each client as an individual, recognising that their experiences and needs will differ. Only by understanding their circumstances can you give accurate advice on how best to progress their claim.
