The following post was adapted from a training webinar presented by Laura and Deborah Hogan, a Managing Attorney at the Chicago Alliance Against Sexual Exploitation (CAASE). Access Laura and Deborah's webinar here.
Am I allowed to be that attorney who talks about what she was like as a baby lawyer? Before I had gray hair? Before there was AI?
I hope you’ll indulge me. I have been litigating and investigating high-drama employment matters, including matters involving significant trauma, for almost twenty years. I did this first as a trial attorney with the federal Equal Employment Opportunity Commission, and now I do this in private practice with the Prinz Law Firm.
Recently, one of my clients gave the best review I’ve ever read: that at the Prinz Law Firm, we combine brilliance with heart. Brilliance? Who knows. But I do lead with heart in my work. While it adds meaning to my work, it also makes me prone to be more porous and impacted by the trauma experienced by my clients. This is not the best practice for an attorney.
Over the years, I’ve learned and honed my trauma interviewing skills and knowledge about trauma. In this difficult season, where so many people are going through hardship, I want to share my lessons learned in a series of articles devoted to interviewing and representing survivors. This first article focuses on trauma-informed interviewing. Here are 4 lessons to keep in mind, and if you can master this practice, you will become a better lawyer, a better listener, and ultimately, get better results for you and your client.
- How can trauma impact memory?
Before an attorney can effectively represent a survivor of sexual misconduct or workplace harassment, they must first understand how trauma reshapes the brain. Neurobiological research shows that trauma changes how memories are stored in the brain. Survivors often experience what experts call "critical incident amnesia," meaning their recollections may surface in fragments rather than in a neat, chronological narrative. As one analogy puts it, memories after trauma fall like snow in a snow globe—swirling, settling slowly, and eventually landing in place.
- Why does trauma-informed lawyering matter?
Trauma is present in these cases whether we choose to acknowledge it or not. It may be the very harm you are attributing to the defendant, or it may be the lens through which you need to understand your client’s communication style. Either way, ignoring it puts your case—and your client—at a disadvantage.
Defense strategies frequently exploit this gap. The so-called "sluts and nuts" defense attacks a survivor's credibility by weaponizing the very behaviors that trauma produces—inconsistencies in testimony, gaps in memory, and emotional flatness or volatility. Attorneys who understand the neuroscience behind these responses are far better equipped to anticipate and dismantle such attacks, protect their clients, and present a coherent, compelling case.
- What techniques can I utilize to interview individuals who have experienced trauma?
Effective representation begins at the very first interview. A trauma-informed approach unfolds in three key steps.
- Apply your understanding of counter-intuitive behaviors. Explain to the survivor that their reactions—confusion, self-blame, avoidance—are common and expected. This normalizes their experience and opens the door to trust.
- Focus on the survivor's needs. Explain the attorney-client privilege and how information will be protected. Acknowledge that the interview itself can be a trigger. Try to put the survivor at ease; offer options on where to sit and when to take breaks; be articulate on how much detail they should share and when. Rather than leaving clients to guess why you need certain information, tell them why you need it. Use sensory questions such as “What did you hear?” or “What did you smell?” to help unlock memories that a standard probe, "walk me through what happened" cannot reach.
- Behave as if you believe the survivor you are interviewing. This is not about abandoning critical thinking; it is about creating the conditions necessary to elicit the most information you can. When inconsistencies arise, address them gently. It is crucial to never confuse omissions or fragmented recall with a "false report."
Best Practices for Representation Beyond the Interview
Trauma-informed principles extend well beyond the intake meeting. In pleadings, consider leading with less detail rather than more because of the way that memories can be stored inconsistently when they involve trauma. Call out common myths explicitly.
Also, recognize that trauma may strain the attorney-client relationship itself; missed calls, cancelled appointments, and emotional volatility are not personal affronts but predictable symptoms. I regularly tell my clients that at some point, they will hate me. It is just part of the process. During depositions, consider having an advocate or support person present for the client as an additional layer of emotional security. Make sure your client is prepared for the defense tactics that they are likely to face. Finally, pursue corroboration aggressively: medical records, behavioral changes noted by friends or colleagues, text messages, social media, journals, and shifts in physical or mental health all strengthen the evidentiary record.
Key Takeaways
Trauma impacts memory and behavior in ways that are scientifically well-documented but still widely misunderstood in courtrooms. Trauma-informed interviewing is not a "soft" skill, but rather a strategic one that directly improves the quality and quantity of information you obtain. Ethical, client-centered representation demands that attorneys meet survivors where they are rather than where the legal system expects them to be.
