Trauma can significantly affect memory, communication, behavior, and a survivor’s ability to participate in the legal process. Attorneys who understand these effects are better equipped to communicate effectively with clients, evaluate credibility, gather important facts, and provide thoughtful, client-centered representation.
This program examines the neurobiological effects of trauma, including memory fragmentation, critical incident amnesia, tonic immobility, and other responses that may appear inconsistent or counterintuitive. Participants will learn why behaviors such as minimizing an event, avoiding discussion, or recalling details gradually should not automatically be viewed as evidence of dishonesty.
At the conclusion of this CLE, attorneys will be able to:
* Explain how trauma can affect memory, communication and behavior
* Identify common counterintuitive responses exhibited by trauma survivors
* Apply trauma-informed interviewing techniques to improve client communication & information gathering
* Address inconsistencies and credibility issues without relying on common myths about trauma
* Implement trauma-informed strategies when drafting pleadings & preparing clients for depositions
* Evaluate the use of corroborating evidence, expert testimony & support resources in representing trauma survivors
The course also provides practical trauma-informed interviewing strategies designed to improve communication and build trust. Topics include explaining confidentiality and privilege, recognizing triggers, providing clients with meaningful choices, using sensory questions to assist memory retrieval, and addressing inconsistencies in a respectful and effective manner.
Finally, the presenters address best practices for representing trauma survivors throughout litigation, including drafting pleadings, preparing clients for depositions, anticipating credibility attacks, using expert testimony, and identifying corroborating evidence. Participants will leave with practical strategies for providing ethical, effective, and trauma-informed representation.