"You look too smart to be a domestic violence survivor."
Those were the words a refugee lawyer said to me after I had spent two hours recounting one of the most painful chapters of my life. His implication was clear: my story lacked credibility. I paid the consultation fee with the Legal Aid Ontario consultation ticket, thanked him for his time, and left his office. At the street corner, I stood quietly, tears streaming down my face for ten minutes before I could bring myself to move.
That moment was devastating, but it also left an indelible mark on me as I transitioned from being a refugee to practicing immigration and refugee law. It reminded me how easily lawyers can unintentionally harm their clients through words, judgments, or dismissiveness. Now, as a lawyer myself, I understand the profound responsibility we have to approach our clients with empathy and care.
This article reflects on my journey and serves as a guide for young lawyers working with clients who have experienced trauma. Whether representing refugees, survivors of gender-based violence, or other vulnerable populations, understanding trauma and its impact is key to offering meaningful, compassionate, and effective legal services.
Understanding Trauma and Its Impact
Trauma is not a singular event but a complex and lasting experience that profoundly shapes a person’s life. Recognizing trauma’s multifaceted impact is crucial in fostering trust, cooperation, and effective representation.
Trauma often manifests in ways that may seem uncooperative or erratic to the untrained eye. A client might struggle to focus during consultations, have difficulty recalling details, or exhibit avoidance behaviors like hesitating to maintain eye contact. These are not signs of credibility issues but symptoms of their past experiences.
Trauma also affects the brain’s ability to function, often compromising memory, decision-making, and emotional regulation.[1] Clients may have fragmented memories of events, making it challenging to provide a consistent narrative. Heightened stress responses can hinder their ability to process information or make clear decisions during meetings.
For us as lawyers, this means adjusting expectations and communication styles. A trauma-informed approach requires us to be flexible, patient, and prepared to accommodate clients’ unique needs when feasible.
Creating a Trauma-Informed Legal Practice
1. Establishing a Safe Environment
Building a sense of safety begins with small but impactful measures. Explain legal processes in simple, clear language, avoiding technical jargon. Regularly check the client’s understanding and be approachable if they have questions.
Recognize that clients have lives outside their legal cases. Some may have childcare responsibilities or work shifts they cannot miss. Offer scheduling flexibility when possible and be mindful of their time constraints.
2. Building Trust
Trust is the cornerstone of effective representation. Start by listening actively—not just to your clients’ words but to the emotions behind them. Validate their experiences without judgment while maintaining professional boundaries. Reliability is key: follow through on promises and respect their time.
Building trust takes time, particularly with clients who have faced systemic or personal betrayals. Be patient and consistent in your interactions.
3. Conducting Sensitive Interviews
When interviewing trauma survivors, proceed at a steady pace and offer regular breaks to prevent emotional overwhelm. Grounding techniques, such as encouraging deep breathing or pausing for a brief tea or coffee break, can help clients regain composure.
Clients may become emotional when revisiting traumatic experiences. Respond with empathy and adapt your approach to their needs.
4. Working with Interpreters
Use professional interpreters, not family members or friends, to maintain confidentiality and professionalism.[2] For clients with limited funds, consider using the supports from social workers or reliable translation software if appropriate.
Maintain direct communication with your client, even when working through an interpreter. Allocate extra time for these sessions to ensure thorough and accurate understanding.
Addressing Gender-Based Violence [3]
Gender-based violence presents unique challenges that require cultural sensitivity and an understanding of stigma. Survivors may hesitate to disclose details due to fear of judgment or shame. Offering gender-matched interviewers, when possible, can help create a more comfortable environment.
Avoid assumptions about how survivors “should” behave. Familiarize yourself with Gender Guidelines for refugee cases but remember to treat each client as an individual with unique experiences.
Holistic and Collaborative Care
Legal representation is just one piece of the puzzle for trauma survivors. Collaborate with social workers, mental health professionals, community organizations, and/or religious groups to provide holistic care.
Accommodate clients’ daily realities. Many juggle work shifts, childcare, or other responsibilities. Respect their schedules while ensuring they feel supported throughout the legal process.
Managing Vicarious Trauma
Caring for trauma survivors can take an emotional toll on legal professionals. Recognizing signs of vicarious trauma in yourself — such as emotional exhaustion or detachment — is essential.
Engage in self-care practices, like keeping personal items such as family photos nearby for comfort. Lean on professional support networks. For immigration and refugee law practitioners, the Canadian Bar Association Immigration Law Section, Canadian Immigration Lawyer Association (CILA), and Canadian Association for Refugee Lawyers (CARL) offer excellent resources and support for young lawyers.
Remember, you are not alone. Seek help and support when needed to maintain your well-being and continue providing effective representation.
Conclusion
Trauma-informed legal practice requires empathy, adaptability, and a commitment to serving clients with dignity. By understanding trauma’s effects and adjusting our approaches, we can better advocate for vulnerable populations while promoting healing and justice.
Ultimately, this work is about more than legal outcomes—it is about restoring dignity, fostering resilience, and empowering clients to rebuild their lives. As legal professionals, we have the privilege and responsibility to stand beside our clients on their path toward healing and justice, offering not just skilled representation but a sense of hope and humanity in their journey.
About the Author
Dr. Ningjing Zhang is the founder and principal lawyer of BridgePoint Law Professional Corporation, serving immigrant communities in Kingston, Toronto and beyond. This article draws from the author’s firsthand experiences and insights from the Canadian Immigration Lawyers Association (CILA)'s recent CLE webinar on Trauma-Informed Client Service in Refugee Law.
The author gratefully acknowledges the contributions of Dr. Elham Yousefinejad, immigration case analyst of BridgePoint Law Professional Corporation, to this article.
[1] Golden Eagle Rising Society. Trauma-Informed Toolkit for Legal Professionals. (2016) https://www.goldeneaglerising.org/initiatives-and-actions/trauma-informed-toolkit-for-legal-professionals/
[2] Norma Hannant & Lisa Andermann, Working Collaboratively With Clients. Centre for Addiction and Mental Health, New Beginnings Clinic for Refugees. CILA’s CLE presentation. (2024 December 12).
[3] Ningjing Zhang, Engendering Canada’s Refugee Process: A Study of the Claims of Refugees Fleeing Domestic Violence, 2000-2018. MA Thesis, Queen’s University. (2020)
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