What is 'good' domestic violence lawyering?: views from specialist legal services in Australia

Wangmann, J; Bartlett, F; Batagol, B; Booth, T; Douglas, H; Kaye, M; Seear, K

What is 'good' domestic violence lawyering?: views from specialist legal services in Australia

Wangmann, J

Bartlett, F Batagol, B Booth, T

Douglas, H Kaye, M Seear, K

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Publisher:: OXFORD UNIV PRESS
Publication Type:: Journal Article
Citation:: International Journal of Law, Policy and the Family, 2023, 37, (1)
Issue Date:: 2023-01-01

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Field	Value	Language
dc.contributor.author	Wangmann, J https://orcid.org/0000-0002-0812-4214
dc.contributor.author	Bartlett, F
dc.contributor.author	Batagol, B
dc.contributor.author	Booth, T https://orcid.org/0000-0001-5530-021X
dc.contributor.author	Douglas, H
dc.contributor.author	Kaye, M
dc.contributor.author	Seear, K
dc.date.accessioned	2023-11-06T22:31:39Z
dc.date.available	2023-11-06T22:31:39Z
dc.date.issued	2023-01-01
dc.identifier.citation	International Journal of Law, Policy and the Family, 2023, 37, (1)
dc.identifier.issn	1360-9939
dc.identifier.issn	1464-3707
dc.identifier.uri	http://hdl.handle.net/10453/173091
dc.description.abstract	There is increasing recognition that many lawyers, regardless of their practice area, will represent people who have both used and experienced violence in their intimate relationships. This suggests that being informed about domestic and family violence (DFV) is an important attribute of competent lawyering. Despite repeated reports and research drawing attention to poor practices, many lawyers lack DFV training. There is limited research about what it means to be a 'good' DFV lawyer. To explore this, we conducted focus groups with lawyers employed in specialist women's legal services in Australia. Much work undertaken in these services involves working with clients who have experienced DFV, so these lawyers are well placed to identify features of 'good' DFV lawyering. The attributes for competent lawyering with people who have experienced DFV, include being knowledgeable about DFV, being trauma-informed/responsive, being knowledgeable about the law and the relevance of violence, adopting a safety lens and providing a holistic service. Our study identifies a number of areas that require further research including understanding the difference between DFV-informed lawyering and trauma-informed/responsive lawyering, and whether specific competencies are required when representing people who experience DFV or have used DFV. Despite years of research and various inquiries pointing to inadequacies and making recommendations for improvement, this article draws attention to continuing gaps in this area.
dc.language	English
dc.publisher	OXFORD UNIV PRESS
dc.relation.ispartof	International Journal of Law, Policy and the Family
dc.relation.isbasedon	10.1093/lawfam/ebac034
dc.rights	info:eu-repo/semantics/closedAccess
dc.subject	1801 Law
dc.subject.classification	Law
dc.subject.classification	4804 Law in context
dc.subject.classification	4807 Public law
dc.title	What is 'good' domestic violence lawyering?: views from specialist legal services in Australia
dc.type	Journal Article
utslib.citation.volume	37
utslib.for	1801 Law
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - LRC - Law Research Centre
pubs.organisational-group	/University of Technology Sydney/Strength - LHJ - Law Health Justice
utslib.copyright.status	closed_access	*
dc.date.updated	2023-11-06T22:31:38Z
pubs.issue	1
pubs.publication-status	Published
pubs.volume	37
utslib.citation.issue	1

Abstract:

There is increasing recognition that many lawyers, regardless of their practice area, will represent people who have both used and experienced violence in their intimate relationships. This suggests that being informed about domestic and family violence (DFV) is an important attribute of competent lawyering. Despite repeated reports and research drawing attention to poor practices, many lawyers lack DFV training. There is limited research about what it means to be a 'good' DFV lawyer. To explore this, we conducted focus groups with lawyers employed in specialist women's legal services in Australia. Much work undertaken in these services involves working with clients who have experienced DFV, so these lawyers are well placed to identify features of 'good' DFV lawyering. The attributes for competent lawyering with people who have experienced DFV, include being knowledgeable about DFV, being trauma-informed/responsive, being knowledgeable about the law and the relevance of violence, adopting a safety lens and providing a holistic service. Our study identifies a number of areas that require further research including understanding the difference between DFV-informed lawyering and trauma-informed/responsive lawyering, and whether specific competencies are required when representing people who experience DFV or have used DFV. Despite years of research and various inquiries pointing to inadequacies and making recommendations for improvement, this article draws attention to continuing gaps in this area.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/173091