Trauma-informed from the outset

In my role as Diploma director and senior lecturer at the University of Dundee, I aim to ensure that law students are aware of recent developments in practice. As such, I recently completed the excellent Trauma-Informed Lawyer Certification course run by the Law Society of Scotland.

Trauma-informed practice is a new area of growth in legal practice which recognises the impact of trauma on an individual’s neurological, biological, psychological and social development. In May this year, the Scottish Government unveiled its Trauma-Informed Justice: A Knowledge and Skills Framework, intended to support the changes in the Victims, Witnesses and Justice Reform Bill now before the Parliament.

Sharing understanding

I felt a sense of enormity on reflecting what I had gained from the course. I learnt that the brain scans of PTSD sufferers appear different from those of the general population. I learnt how to identify potential symptoms of trauma and vicarious trauma. I also gained an understanding of the effect of trauma on memory and how this might impact on credibility of evidence. On completing the course, I resolved to consider how best we might embed teaching trauma-informed practice in both the LLB and Diploma curricula here at Dundee.

Over the last few years, in addition to creating the certification course, the Society has worked closely with prominent trauma-informed lawyers, assisting in promoting their work to LLB and Diploma students through guest lecture events and online offerings. Currently trauma-informed practice is not one of the mandatory learning outcomes set by the Society in the route to qualification as a Scottish solicitor. Within the Diploma programme, however, individual providers can deliver a substantial amount of elective content. We plan to create a trauma-informed practice elective at Dundee next academic year as part of our continued drive to help forge more fully rounded new lawyers who can make a difference to society.

For Diploma students

The planned elective will only be chosen by those students for whom it has appeal, but I feel passionate that the whole Diploma cohort should have an introduction to the topic. I am fortunate to work with Dr Anke Kossurok, a psychology colleague, who has professional interest in the field of adverse childhood experiences and delivered a joint lecture to all current Diploma students on trauma-informed practice this semester.

In preparing for the lecture we had to establish ground rules in terms of creating a confidential safe space for students. Students were also directed to sources of dedicated follow-up support, if needed. In the talk, in addition to exploring the extent of trauma in the general population, how it might present itself and its impact, we looked at how best to support a client who makes a disclosure and avoid their re-traumatisation. The importance of offering affected clients a sense of control and choice in matters was also discussed.

The lecture further sought to provide students with a toolkit for possible future vicarious trauma they might experience on entering practice. Vicarious trauma recognises that lawyers who deal regularly with traumatic accounts of events or experiences are themselves at risk, and may experience symptoms such as intrusive thoughts or inability to concentrate. Students were encouraged to recognise their own responses to stress and create their own strategies to build resilience. This direction was intended to support students in terms of the growing awareness of mental health issues within the profession. Students were also asked to consider what actions law firms and organisations should take in terms of creating or enhancing a whole system approach to better understand the challenges faced by those affected by trauma and identify collective action to support resilience of their staff.

Starting the LLB

An adapted and abridged version of the Diploma lecture is planned for first year LLB students in their criminal law module, to highlight the current momentum behind trauma-informed practice and build knowledge and understanding of the nature and impact of trauma. This revision is thought necessary since Diploma students are on the cusp of legal practice, whereas for first year students the idea of interviewing a client is more remote. Dedicated training for our new student law clinic volunteers is also planned.

The importance of empathy

As a broader question and against the background of growing traction for trauma-informed practice, should legal educators do more to promote the value of an empathetic approach, particularly in undergraduate legal education? Currently, developing awareness of empathy is generally restricted to Diploma teaching, where recognition is given to the central importance of relationships. In undergraduate studies the approach of taking a detached stance to enhance problem-solving skills is encouraged. At the outset, should there be an aim to instil a more empathetic problem-solving approach? Against the backdrop of the Scottish Government’s drive to embed trauma-informed practice in many sectors of the workforce, there is value in our students being equipped with the ability to look confidently ahead to legal practice through a trauma-informed lens.