NCLER - Client-Centered Advocacy

Partnerships & Federal Agency Interventions
Addressing Associated Legal Issues
Criminal Prosecution & Restitution
Legal Remedies for Victims
Litigation Skills

Client-Centered Advocacy

Understanding Victim Perpetrator Dynamics
In many cases of elder abuse, the perpetrator of the mistreatment is a relative, friend, or caregiver.This unsurprisingly affects the actions that an older adult may want to take to address the abuse. Some of the power and control dynamics associated with elder abuse are similar to those involved in domestic violence. However, there are differences, and the below resources provide guidance on those differences.

Resources
Interviewing & Goal Planning
Goal-setting and planning can help determine the priorities of a case, desired outcomes, and set expectations. In some cases, pursuing legal remedies is not the best course of action, sometimes due to a client’s preference or to avoid further harm. Having this information early in the course of representation is important.

Resources
- Coming October, 2019: Sample client interview
- Coming October, 2019: Sample goal worksheet
Cultural Awareness
Cultural Competence is the practice of “embrac[ing] the principles of equal access and non-discriminatory practices in service delivery.” Cultural competence does not require a practitioner to be an expert in every culture they encounter. It is simply the ability to adapt your individual practice to culturally diverse situations, rejecting cultural assumptions or stereotypes, and recognizing the way that different cultures may impact the delivery of services. Cultural competence has been integrated in the health care context for many years, “recognized as a critical component of effective health care practice.” In the context of legal services, cultural competence serves as an important tool to enhance the quality of legal representation and fulfill the ethical obligations attorney have towards their clients. Cultural competence is especially important when serving clients that are victims of elder mistreatment. Ensuring that cultural considerations do not impede representation protects victims and ensures that clients receive the best legal outcomes possible.

Resources
- Issue Brief: Cultural Competence
Trauma-Informed Lawyering
Older adults who have experienced maltreatment are at risk of further harm if their legal matter is not handled in a trauma-informed manner by their advocate. Learning how to provide trauma-informed lawyering will help your client in their recovery process and also allow you to get more thorough information from your client in order to effectively represent them. Traumatic triggers can impact your ability to connect with your client. Triggers bring up the memory of a past event and may create a feeling of unease or fear. Each client’s experience and triggers will be different, so it is important that you understand the various options that are available to make your client feel more comfortable.

Resources
- Issue Brief: Trauma-Informed Lawyering
- Introduction to Trauma-Informed Lawyering
- Trauma Informed Lawyering—Effects of Secondary Trauma on Attorneys and Advocates

Client-Centered Advocacy

Resources