66. Representing Survivors of the "Hidden Crime," with Barbara Barron

Content Warning: This episode discusses, in non-graphic terms, representing intimate partner violence survivors. Being a trial lawyer is one of the toughest, most demanding professions out there, and when you’re representing family members in distress it’s even more so. Hofstra Law professor Barbara Barron discusses advocacy challenges faced by lawyers working with survivors of intimate partner violence, or IPV. Although some details are particular to IPV survivor representation, trial lawyers in nearly every practice area will find Barbara’s reflections on supporting reluctant or intimidated witnesses during testimony, dealing with pro se opposing counsel, and handling emotional witnesses or clients to be applicable to their own high-stakes cases. Topics4:00  What is IPV?  6:56  How IPV survivors differ from other crime victims11:23  Implicit biases judges or jurors might have about IPV  12:24  Types of evidence14:39  Special accommodations against intimidation16:09  Defendant as pro se counsel19:42  Preparing for direct and cross-examination23:22  Emotions, or none, during testimony26:12  Preparing for anxiety29:16  Counsel and vicarious trauma31:53  Public Interest Award and advocacy programs Quote“In the case of the pro se defendant, and dealing with that person and having to answer questions on cross, the questions may not be as pristine as an experienced or talented trial lawyer’s may be, and it may not be as controlling a situation as anticipated. If the questions are such that it allows the witness to answer more than yes or no, where’s the control?” Barbara BarronResourcesBarbara Barron (bio)Building Trial Skills: New York–Hofstra (program)Half-Day Intensives: Online (programs)