Trauma can be experienced in many ways. From adverse childhood experiences to physical or emotional abuse, coercive or financial control.  Grief is also a form of trauma and can occur following a significant life event – the death of a family member or a relationship breakdown. 

Separating from a spouse or partner doesn’t only result in the loss of that person; it can result in the loss of a family unit, a feeling of a loss of identity, a loss of a sense of belonging, standard of life or even a sense of purpose.  Particularly now in a world of life “highlights” being plastered on social media, the loss of the “perfect life” can make the separation journey even more overwhelming and it can leave people feeling like their life is spiralling out of control.  All in all, the emotions that ensue from a relationship breakdown can be overwhelming and they are complex. 

Separation brings with it feeling of a lack of certainty, a lack of security and a lot of questions as to what life may look like in the future.  Finding some certainty around the financial and practical arrangements of a separation can help people to feel reassured about the current circumstances and what will happen next. 

All of this can be really scary!

What is a certified trauma informed lawyer?

The Law Society of Scotland has recognised that lawyers, whilst well versed on the law, require also to be well versed in trauma, dealing with vulnerable people and understanding adverse childhood experiences.

For that reason, a certification course has been introduced allowing lawyers to gain certification in trauma informed practice. Trauma informed practice is about understanding how past trauma effects peoples lives and actions.

As part of that training, lawyers require to go through intensive training which covers many aspects of trauma and psychology. They are required to reflect on their own practice areas specifically and where improvements can be made to ensure clients who have experienced trauma are able to engage with lawyers in a more supportive and emotionally safe way.

A certified trauma informed lawyer has undergone training provided by psychology professionals and has engaged with trauma survivors to understand what “best practice” means to them. This emphasises the importance of compassion, patience and non-judgement, in order to become more inclusive and sensitive to the needs of those who have endured significant personal challenges and pain within their life in order to make the legal system more supportive to them.

Why choose a trauma informed lawyer?

Trauma informed lawyers are trained to recognise the signs of trauma and how to avoid causing further harm. They learn to create a safe environment where people feel comfortable sharing their experiences, to best guide them through what can be a complex and unnerving legal system.

Understanding boundaries is important and in some circumstances, that leads to signposting people to other support services, for example counselling, a therapist or psychologist, medical professionals or, in some situations for example where abuse has been suffered, services such as Women’s Aid, Rape Crisis Scotland and the police.

A trauma informed practitioner is trained to understand how to ask questions in a respectful way and offer support services where needed - providing people with a “tool kit” to help them navigate the daunting prospect of separation.

Should I instruct a trauma informed lawyer if I have not experienced trauma?

Instructing a lawyer who understands the emotional impact of separation is crucial.  Instructing a trauma informed lawyer is a particularly wise decision for those who themselves, or whose partners or spouses, have experienced trauma. 

This is all the more important where there are children involved as, whilst a relationship as spouses or parents come to an end, a relationship as parents will live on.

If you want to know more about trauma informer practice, or you are looking to instruct a trauma informed lawyer, please contact David Coutts in our Family Law Team.

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