The “Use of Self” as a Core Factor in Optimizing Relationships Between Lawyers and Victims of Crime (VCs)

Abstract

Date Presented 03/28/20

The study aims to explore relationships between VCs and their lawyers and observe the characteristics of optimal relationships by interviewing both sides and getting their different perspectives. Following analysis of the results, a new concept of professionalism is offered to lawyers, based on implementing the principles of the "use of self" in legal practice and by using professional OT core values and knowledge.

Primary Author and Speaker: Naama Katz

Contributing Authors: Shulamit Ramon

PURPOSE: The current study aimed to explore the relationships between VC and their lawyers, looking at the characteristics of optimal relationships that both partners seek for the client’s unique journey through the legal process.

DESIGN: The current study was conducted in line with the constructivist approach (Charmaz, 2011). Its resulting thick description remains as close to the interviewee’s experience and to the data as possible. Its resulting thick description remains as close to the interviewee’s experience and to the data as possible (Charmaz, 2011).

METHOD: Participants Seven lawyers, each specialising in services to VC, and seven VC were interviewed. The main research tool was an in-depth semi-structured interview, conducted by a mental health OT’s. data were analysed from a comparative perspective and subjected to a thematic analysis (Braun and Clarke, 2012; Thornberg and Charmaz, 2012).

RESULTS: The findings clarify the existence of two main dimensions. The first emphasizes the lawyers’ values and professional identities in response to the unique needs of VCs. Lawyers who choose to work with VCs consider themselves to be practising a kind of law that is consistent with their personal values. The second dimension raises the need to create a new concept of professionalism, evidenced by the gap between what the two groups single out as important in the relationship.

CONCLUSION: According to this study, social justice professionalism attains a balance between legal and therapeutic skills, clearly emphasizing the caring skills lawyers need for work with VCs, and their need to increase efforts to develop and utilize those diverse skills. Such improved skills will enable the legal practitioner to better balance legal representation with emotional support based on the client’s needs rather than on the lawyer’s personal intuition. In order to achieve that, we have suggested a model based on interpersonal use of self as a recommendation to the lawyers.

The findings of this study lead to the conclusion that everyone who has contact with victims – including professionals (some of whom are lawyers) working in victim services – needs to receive training in best practice (Maier, 2008). Such training should include victims’ rights law, emotional reactions to victimization and understanding special victim populations. In addition, service providers need training in self-care and in developing resilience for coping with vicarious trauma (Neff, Patterson and Johnson, 2012).

As a qualitatively designed research study using in-depth semi-structured interviews, its unique contribution lies in revealing the similarities and differences between the two perspectives regarding the values both consider important in the relationship. These values address a new professionalism in social justice law, which includes the relationship component and a practical angle on how to achieve it.

References

Charmaz, K (2011). Grounded theory methods in social justice research. In: Denzin NK and Lincoln Y (eds) The Sage Handbook of Qualitative Research. Thousand Oaks: Sage, pp.359–380.

Maier, S. (2008). Rape victim advocates’ perception of the influence of race and ethnicity on victims’ responses to rape. Journal of Ethnicity in Criminal Justice 6(4): 303–334.

Neff, J., Patterson M., and Johnson, V. (2012). Meeting the training needs of those who meet the needs of victims: Assessing service providers. Violence and Victims 27(4): 609–631.

Braun, V., and Clarke, V. (2006) Using thematic analysis in psychology. Qualitative Research in Psychology 3(2): 77–101.