Fill the ‘Justice Gap’: Victims of domestic violence need your pro bono legal help

Maintain client privacy by asking: Is it safe to talk? Is it safe to leave a voicemail? Does the abuser know your address?

Explain that conversations are confidential and protected by attorney-client privilege, while explaining the limits on confidentiality.

Practice active and reflective listening. Allow survivors to speak uninterrupted first, so they can feel heard and believed.

Respond in a trauma-informed way. Empathetic, but modulated responses build trust and rapport, so survivors feel safe discussing difficult topics with candor.

Validate that abuse is not OK, and they deserve to be treated with respect. Provide information about the dynamics of interpersonal violence and correct misconceptions, fears and lies the client may have been told.

Survey the technological landscape by exploring whether the client is comfortable on the phone or if they prefer video conference, and learning whether they have access to the internet to reference links, e-file or attend a virtual hearing.

Conduct an abbreviated lethality assessment and create a safety plan.

Ask what justice means to them. Empower them to determine their objectives and goals.

Evaluate for access to justice issues (such as language access or indigency) and identify possible solutions. Screen for other factors that may affect the client’s options: Are they a minor, immigrant or victim of racial injustice? Provide accommodations for those with needs such as visual or hearing impairments.

Issue spot based on client’s goals and the case—but also look at related issues, such as housing, education and employment law, as well as intersecting systems such as criminal justice and child welfare systems.

Assess whether children are involved and identify their needs and the client’s needs regarding them.

If a case is ongoing, assess the current procedural posture: What is the status quo? Do they have a protective order or child welfare order? Review and interpret legal documents and explain implications, effects and consequences of oral and written agreements.

Advise client on what to start and stop doing, as well as how to gather and preserve evidence.

Advise on economic abuse, coerced debt and economic justice. Discuss spousal support and child support, if applicable.

Assess for interstate issues and connect with attorneys in other states as needed (the ABA hosts listserves for this!). Discuss other forums, such as military court, tribal court, and administrative processes, if applicable.

Educate clients on the relevant laws in plain language (not “legalese”) and explain processes of the legal system. Advise on local rules, local forums, and the treatment of pro se litigants in the client’s area.

Explain Crime Victims’ Rights and advise clients how to assert them.

Discuss timing, deadlines and statutes of limitations. Ask about the client’s own deadlines (e.g., are they pregnant or planning to marry?).

Explain the services available and any limitations. Advise clients of available remedies—both inside and outside court—and explain the pros and cons of each. Objectively evaluate cases to help clients understand the strengths and weaknesses and have realistic expectations of the possible outcomes. Together, lay out a step-by-step plan and make sure client knows the next step to take.

Assess client for capacity: ability to understand and act on advice.

Advise on how to find, interview and hire an outside attorney, if needed.

Determine whether additional information and/or legal research is needed before you can fully advise and arrange for necessary follow-up.

Refer to community resources or social workers for higher-level needs, if applicable. Social workers help with mental health and substance abuse issues, food and housing insecurity, and more, but you can also call 211 for local referrals to address these needs.

Log everything to enable future assistance. Help client take notes or offer to send the client information in writing. Encourage clients to call back for additional help.

Connect client with a comprehensive support system, such as your local interpersonal violence shelter. The National Domestic Violence Hotline has a database of domestic violence resources in your area.