Are You Equipped to Handle Sensitive Interviews with Clients Who Have Experienced Trauma?
You might be surprised to learn that many areas of legal practice—beyond criminal and personal injury—require trauma-informed interviewing skills to enhance effectiveness and client relationships!
Understanding the Importance of Trauma-Informed Interviewing Techniques?
A sensitive or trauma-informed interview is an approach to questioning individuals—such as clients, witnesses, or victims—who may have experienced trauma or distress.
The goal is to gather accurate information while minimizing the risk of causing further emotional or psychological harm. This technique prioritizes the emotional safety of the interviewee, recognizing the impact of trauma on their ability to recall and share information.
You’ve been tasked with meeting a client or witness and you are taking the lead in gathering all the details. But, sitting across from you is someone who quite possibly has experienced the unthinkable and YOU are going to ask them to relive it.
What Are You Afraid Of?
You don’t want to re-traumatize that client.
You don’t want that client to realize how undertrained you feel.
You don’t want that client to realize how “out of your depth” you feel.
You don’t want this client to have big emotions that you can’t handle.
You don’t want the senior colleague in the room to doubt your abilities.
Why Trauma Informed Skills are Critical Beyond Criminal Law?
Lawyers in certain fields may not realize how frequently trauma affects their clients, assuming trauma-informed skills are only necessary in extreme cases (e.g., criminal or personal injury law), rather than seeing its relevance in areas like estate planning, employment law, or business disputes.
This lack of awareness leads to lack of training.
I can’t emphasize enough that this is not the type of meeting you want to “wing it”.
My Lightbulb Moment.
My career had two distinct timelines. Before receiving training in the Cognitive Interview Technique and After. And, the trauma-informed statements that were taken “before” my training were vastly different experiences than the statements taken after receiving the training.
They differed in the overall experience and in the quality of my results.
The very first statement I took that involved trauma was from a driver of a motor vehicle accident whose passenger had died. The passenger was his wife.
As I drove down a country road heading to that man’s house on a beautiful Fall day, I can still remember the panic setting in.
I had never done anything like this before.
I was terrified of saying the wrong thing or asking the wrong question that would make this very bad situation even worse.
I had no interview roadmap.
I didn’t do my best work that day. I couldn’t be fully present for the client because I was so caught up in my own fears.
I continued to through those sensitive interviews for another 10 years until I received training in the Cognitive Interview Technique.
My experience with the Cognitive Interview Technique transformed how I approach sensitive interviews
And, this training definitely a “lightbulb” moment in my career.
The Hidden Impact of Trauma on Legal Interviews and Practice?
Many legal professionals may not fully understand the impact that trauma can have on a client’s ability to recall and share information. You might see interviews as straightforward fact-finding sessions without realizing the need for sensitivity.
You also may not even realize how much it’s impacting their practice.
Lawyers in certain fields may not realize how frequently trauma affects their clients, assuming trauma-informed skills are only necessary in extreme cases (e.g., criminal or personal injury law), rather than seeing its relevance in areas like estate planning, employment law, or business dispute.
5 Legal Practices Where Sensitive or Trauma-informed Interviewing Training is Essential:
1. Family Law
- Cases involving child custody, domestic violence, or divorce can be emotionally charged, often requiring sensitive handling of vulnerable parties.
2. Immigration Law
- Clients may have experienced trauma in their home countries due to persecution, violence, or displacement, making trauma-informed approaches crucial for obtaining detailed and accurate information.
3. Employment Law
- Cases involving workplace harassment, discrimination, or internal investigations often affect emotional and mental health, necessitating trauma-aware questioning.
4. Estate and Probate Law
- In estate disputes or discussions about end-of-life decisions, clients may be dealing with grief, making compassionate, trauma-sensitive approaches vital.
5. Human Rights Law
- Victims of human rights violations often experience severe trauma. Interviewing them requires understanding and careful handling to avoid causing additional distress.
The Overlooked Necessity of Trauma-Informed Interviewing in Legal Practice
Trauma-informed interviewing is not just a skill reserved for criminal or personal injury law; it is essential across many areas of legal practice.
Whether you’re navigating a family law dispute, conducting an estate planning session, or handling an employment case, the emotional and psychological well-being of your clients should be a priority.
Some lawyers may underestimate how everyday legal matters, such as divorce, inheritance, or workplace issues, can trigger emotional distress and trauma responses in clients, leading to a lack of sensitivity in interviews.
By understanding the lasting impact of trauma and incorporating empathy, patience, and structured techniques like the Cognitive Interview, you can gather the necessary information without causing further harm.
Training in these skills is not just a professional advantage—it’s a responsibility to ensure that your clients feel safe, supported, and heard.
Traditional legal education rarely includes trauma-informed training or the development of soft skills like active listening or empathy. As a result, many lawyers are simply not equipped with these techniques.
This is not an area where you can afford to “wing it.”
Your confidence and competence in sensitive interviews will directly affect the trust you build with clients and the overall success of your practice.
Conclusion
Which of the legal practices listed above surprised you the most?
Don’t wait until you’re cruising down a serene country road on a gorgeous fall day, feeling that familiar anxiety intensifying as you approach your destination.
Invest in trauma-informed interviewing training today to enhance your skills and ensure you’re equipped to handle sensitive conversations with compassion and confidence.
By understanding the emotional needs of your clients, you not only improve the quality of your interviews but also foster trust and build lasting relationships.
Psychological dynamics are at play in legal interviews, and adopting sensitive, trauma-informed practices can lead to better outcomes for you and your clients.
Contact me to learn more about how trauma-informed techniques can transform your approach to interviewing!
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