{"id":51,"date":"2024-08-30T03:54:40","date_gmt":"2024-08-30T03:54:40","guid":{"rendered":"https:\/\/34.46.250.79\/?page_id=51"},"modified":"2024-09-16T09:36:33","modified_gmt":"2024-09-16T09:36:33","slug":"best-practices","status":"publish","type":"page","link":"https:\/\/uplpolicytoolkit.org\/?page_id=51","title":{"rendered":"Best Practices"},"content":{"rendered":"\n
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What do subject matter experts consider the best practices for lay and licensed legal advocacy?<\/p>\n<\/blockquote>\n\n\n\n

The categories presented in this section are organized in a funnel approach \u2014 the best practices that relate to DV advocacy regardless of legal skill building for advocates are presented first, and categories more closely related to legal skill building for advocates are presented later. Best practices within each category are also presented similarly. Each category begins with a definition and information about the category, followed by recommendations. Support for the recommendations comes both from academic literature as well as interviews with subject matter experts conducted within the course of this project.<\/p>\n\n\n

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Best Practices Related to Trauma-Informed Care<\/strong><\/p>\n\t\t\t

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Trauma-informed practices are defined as an \u201congoing systemic approach which puts individuals\u2019 trauma experiences and individuals\u2019 responses to trauma at the forefront of how individuals and the system as a whole operates.\u201d [1] Further, it acknowledges the need to consider a survivor\u2019s whole life situation \u2014 past and present \u2014 to provide the most effective care. [2] The Center for Disease Control (CDC) offers six guiding principles for trauma-informed care in public-facing jobs or positions. [3] These include creating safety, being transparent with survivors, providing peer support, supporting collaboration and mutuality between survivors and advocates, empowering survivors and giving survivors choices through the legal process, and understanding the impact of intersectional issues such as culture, history, and gender. [3] Implementing these principles to create an environment of trauma-informed care is critical to fully addressing the needs of survivors, [4] reduce the risk of retraumatization, [5] as well as mitigating chances of burnout and vicarious trauma for the practitioner. [5]<\/p>\n\n\n

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Recommendations related to trauma-informed care<\/strong><\/p>\n\t\t\t

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Organizations should consider demonstrating a commitment to trauma-informed practices on an individual level and an organization-wide level. [6, 7]<\/strong><\/p>\n\t\t\t

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This includes staff members taking the time to consider experiences and perspectives of each client. Scholarship explains that to truly be trauma-informed, organizations need to implement policies and procedures that ensure all practices are trauma-informed. This includes interactions with clients, as well as interactions between staff members. Organization governance and leadership that leads by example and ensures that trauma-informed practices are fully implemented is additionally essential to making lasting change.<\/p>\n\n\n\n

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Supportive workplace that is itself trauma-informed [9]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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“[Organizations] need to be trauma-informed at all levels.” [8]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n<\/div>\n\t\t<\/div>\n\n

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Organizations should explore implementing policies that promote trauma-informed practices as well as measures to monitor the success of these policies. [7, 8]<\/strong><\/p>\n\t\t\t

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Experts find that organizations are more likely to keep up with their trauma-informed practices if they create measures that indicate whether or not the organization is on track with its trauma-informed practices.<\/p>\n\n\n\n

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“[This can look like] having some supervisory structures to maintain the manner of dealing with clients.” [8]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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Organizations should recognize that trauma-informed practices are evolving. [7]<\/strong><\/p>\n\t\t\t

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Staying up to date on these changes and keeping staff apprised through continual training is key to implementing effective trauma-informed practices. Experts also recommend that organizations put aside funding so that ongoing trauma-informed training for advocates can occur within the organization. Trauma-informed practices are both an immediate and ongoing endeavor for practitioners, a practice that is continually employed and refined in all interactions. Experts recommend that ongoing measures are placed to ensure the organizations stay up to date on best trauma-informed practices.<\/p>\n\n\n\n

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“Trauma-informed training should also include example cases, practice-based activities, worksheets, reading materials, and guest speakers” [8]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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“Experience is equally critical to becoming trauma-informed.” [8]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n\n\n

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“Daily experience with different types of survivors helps to improve advocates’ trauma-informed practices.” [8]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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Being trauma-informed requires more than just being understanding to clients; trauma-informed practices touch every aspect of work and life. [1]<\/strong><\/p>\n\t\t\t

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For instance, organizations must work to prevent burnout so that advocates have the capacity to be trauma-informed. Experts recognize the crossover between trauma-informed practices and burnout when considering what good advocacy looks like. Namely, preventing burnout in employees goes hand-in-hand with developing advocates that have the capacity to be trauma-informed. This means advocates need to focus on themselves and take good care so that they can maintain the stamina to implement trauma-informed practices and prevent vicarious trauma in themselves. This is reflected in interviews conducted within this project, with subject matter experts identifying the confluence of burnout prevention and trauma-informed care as being critical to good advocacy.<\/p>\n\n\n\n

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“[Advocates need to] not only [learn] how to work with survivors but also protect [themselves] from being impacted by secondary trauma.” [8]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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“Providing additional information, training when needed.” [8]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n<\/div>\n\t\t<\/div>\n<\/div>\n<\/div>\n\t\t<\/div>\n<\/div>\n\n

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Resources & citations related to trauma-informed care<\/strong><\/p>\n\t\t\t

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  1. See Sarah Katz, The Trauma-Informed Law Classroom: Incorporating Principles of Trauma-Informed Practice into the Pandemic Age Law School Classroom, 25 UC Davis J. Juv. L. & Pol’y 17, 30-31 (2020).<\/li>\n\n\n\n
  2. See Trauma-Informed Care, What is Trauma-Informed Care, Trauma-Informed Care Implementation Resource Center https:\/\/www.traumainformedcare.chcs.org\/what-is-trauma-informed-care\/<\/a> (last visited Feb. 12, 2024).<\/li>\n\n\n\n
  3. Office of Readiness and Response, 6 Guiding Principles to a Trauma-Informed Approach, CDC https:\/\/www.cdc.gov\/orr\/infographics\/6_principles_trauma_info.htm<\/a> (last visited Feb. 23, 2022).<\/li>\n\n\n\n
  4. This includes preventing the retraumatization of the client. Retraumatization is when someone is exposed to a situation that consciously or unconsciously triggers a memory of previous personal trauma. See Post-Secondary Peer Support Training Curriculum, OpenTextbc https:\/\/opentextbc.ca\/peersupport\/chapter\/vicarious-trauma-secondary-traumatic-stress-and-retraumatization\/#:~:text=Buy-,Vicarious%20Trauma%2C%20Secondary%20Traumatic%20Stress%2C%20and%20Retraumatization<\/a>,(more on this below) (last visited Feb. 23, 2024).<\/li>\n\n\n\n
  5. Substance Abuse and Mental Health Services Administration, Trauma-Informed Care in Behavioral Health Services, Treatment Improvement Protocol (TIP) Series No. 57, chapter 5 (2014).<\/li>\n\n\n\n
  6. Joshua M. Wilson, Jenny E. Fauci, & Lisa Goodman, Bringing trauma-informed Practices to Domestic Violence Programs: A Qualitative Analysis of Current Approaches, 85 Am. J. of Orthopsychiatry 586 (2015).<\/li>\n\n\n\n
  7. See SAMHSA’s Trauma and Justice Strategic Initiative, SAMHSA’s Concept of Trauma and Guidance for a Trauma-Informed Approach, SAMHSA (Jul. 2014) https:\/\/ncsacw.acf.hhs.gov\/userfiles\/files\/SAMHSA_Trauma.pdf<\/a>.<\/li>\n\n\n\n
  8. SME interview data, on file with author.<\/li>\n<\/ol>\n\n<\/div>\n\t\t<\/div>\n<\/div>\n<\/div>\n\t\t<\/div>\n\n
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    Best Practices Related to Cultural Humility<\/strong><\/p>\n\t\t\t

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    Cultural humility is defined as \u201can orientation towards caring for\u201d the individuals being served informed by \u201cself-reflexivity and assessment, appreciation of [survivors]\u2019 expertise on the social and cultural context of their lives, openness to establishing power-balanced relationships with [survivors], and a lifelong dedication to learning.\u201d [1] Further, cultural humility centers the ability to admit that a practitioner does not know everything and a willingness to learn from survivors about their lived-experiences all while acknowledging the biases that can come from one’s own culture. [2]<\/p>\n\n\n

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    Recommendations related to cultural humility<\/strong><\/p>\n\t\t\t

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    Organizations should explore developing and implementing cultural humility training and standards according to community needs at all organization levels. [3, 4, 5, 6]<\/strong><\/p>\n\t\t\t

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    One of the most consistent recommendations for learning cultural humility is assessing self-awareness, including defining one\u2019s own culture, exploring identity and culture, and identifying internalized biases. Further, cultural humility training should contain a review of power, privilege, and systems of oppression. After exploring self and systems, some component of learning about cultural differences\u2014 whether it be how to learn about cultures different than one\u2019s own or recognizing ethnocentric beliefs\u2014 is needed to understand the impact culture has and how to approach cultural differences. Other topics commonly addressed include culture and communication, the importance of cultural humility as an ongoing learning journey, and a reflection exercise. Some suggest an evaluation that measures changing beliefs pre- and post-training. This can include exploring the stages of change and developing a personal learning plan.<\/p>\n\n\n\n

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    “[The effectiveness of cultural humility training will] depend on your manager,…on whether they value it, whether they just say it in words, but do not make space for it or empower you in any way.” [11]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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    Staff and administration at DV organizations should aim to represent the demographics of the community served. [7]<\/strong><\/p>\n\t\t\t

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    A review of the needs and experiences of DV survivors with disabilities illustrates the importance of ongoing and improved cultural humility training and support for DV advocates. In a 2009 study, common themes emerged pointing to the lack of access individuals with disabilities experience when seeking support for DV. First, the lack of accessible services create a major barrier for those with disabilities. This can include physical barriers in spaces providing services, chore or engagement requirements in shelters that are not possible for individuals with certain disabilities, barriers to obtaining protective orders, complex or difficult to complete forms, and the inability for the judicial system to provide accommodations quickly. Next, differing manifestations of abuse are often experienced by those with disabilities. Without additional training or support in place, advocates may not be able to identify abuses faced by those with disabilities, including when abusers weaponize an individual\u2019s disability to assert power and control. This can include controlling mobility or speech devices, withholding medication, or denying access to support services for activities of daily living.<\/p>\n\n\n\n

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    “[the importance of] having people from various communities come in and talk about lived experience.” [11]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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    “Making sure that your staff is diverse in all kinds of different ways is a great starting point.” [11]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n\n\n

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    “[meeting diverse client needs by] having options available in case someone does want to seek a culturally specific service.” [11]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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    DV organizations should base services and outcomes on the empowerment model. [8, 9, 10]<\/strong><\/p>\n\t\t\t

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    Another important and often referenced pillar of cultural humility is the client empowerment model, that is a theory of practice which focuses on clients’ right to self-determination and action. The empowerment model is supported by cultural humility through trusting that the client is the most knowledgeable and qualified to identify their needs and therefore should work alongside the practitioner as a team. Further, cultural humility supports the empowerment model in a mutually beneficial way. Advocates should have awareness that different cultures have different views and approaches to DV. Expressing that awareness or being open to hearing client experience with curiosity can help strengthen the advocate-client relationship.<\/p>\n\n\n\n

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    “Allow that person to explain to you what their cultural limitations, cultural norms, that are…preventing them from getting the help.” [11]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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    Resources & citations related to cultural humility<\/strong><\/p>\n\t\t\t

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    1. Lawrence J. Kirmayer, Rethinking cultural competence, 49 Transcult Psychiatry, 149 (2012).<\/li>\n\n\n\n
    2. Helen-Maria Lekas et al., Rethinking Cultural Competence: Shifting to Cultural Humility, 13 Health Servs. Insights 1 (2020)<\/li>\n\n\n\n
    3. Jennifer Anderson Juarez, Bridging the Gap: A Curriculum to Teach Residents Cultural Humility, 38:2 Fam. Med., 97-102 (2006), https:\/\/allianceforclas.org\/wp-content\/uploads\/2013\/07\/curriculum-to-teach-cultural-humility.pdf<\/a> (last visited March 22, 2024)<\/li>\n\n\n\n
    4. Amy Anderson, Cultural Humility Training for Mentors: Lessons Learned and Implications of Youth Programs, 17:3 J. Youth Dev., 21-38 (2022), https:\/\/jyd.pitt.edu\/ojs\/jyd\/issue\/view\/61<\/a> (last visited March 18, 2024).<\/li>\n\n\n\n
    5. Jennifer Cox & Maree Donna Simpson, Cultural Humility: A Proposed Model for a Continuing Professional Development Program, 8:4 Pharmacy, 1,6, accessed via https:\/\/www.mdpi.com\/2226-4787\/8\/4\/214<\/a> (last visited March 19, 2024).<\/li>\n\n\n\n
    6. See also James O. Prochaska Carlo Di Clemente, The transtheoretical model of health behavior change, 12:1 Am. J. Health Promotion, 38-48 (1997). The transtheoretical stages of change or stages of change is an integrated therapy theory which is used to assess an individual’s readiness to change their current behavior to a new positive behavior. There are recommendations for practitioners to support and assist clients in moving through the stages of change. The stages of change are precontemplation, contemplation, preparation, action, and maintenance. This model supports a client\u2019s self-determination and self-efficacy.<\/li>\n\n\n\n
    7. Elizabeth Lightfoot & Oliver Williams, The Intersection of Disability, Diversity, and Domestic Violence: Results of National Focus Groups, 18:2 J. Aggression, Maltreatment, & Trauma, 133 (2009), https:\/\/www.researchgate.net\/publication\/240235979_The_Intersection_of_Disability_Diversity_and_Domestic_Violence_Results_of_National_Focus_Groups<\/a> (last visited March 18, 2024).<\/li>\n\n\n\n
    8. Judith Wolf & Irene Jonker, Pathways to Empowerment: The Social Quality Approach as a Foundation for Person-Centered Interventions, 10:1 Int\u2019l J. Soc. Quality, 29-56 (2020). https:\/\/www.berghahnjournals.com\/view\/journals\/ijsq\/10\/1\/ijsq100103.xml?utm_source=TrendMD&utm_medium=cpc&utm_campaign=The_International_Journal_of_Social_Quality_TrendMD_0<\/a> (last visited April 5, 2024)<\/li>\n\n\n\n
    9. Suzanne S. Tham & Phyllis Solomon, Practicing Cultural Humility Will Achieve Recovery-oriented Mental Health Practice and Service Delivery, 51 Admin. & Pol\u2019y Mental Health & Mental Health Servs. Rsch. 10 (2023) https:\/\/link.springer.com\/article\/10.1007\/s10488-023-01307-5<\/a><\/li>\n\n\n\n
    10. Mara Gottlieb, The Case for a Cultural Humility Framework in Social Work Practice, J. Ethnic & Cultural Diversity Soc. Work, (2020).<\/li>\n\n\n\n
    11. SME interview data, on file with author.<\/li>\n<\/ol>\n\n<\/div>\n\t\t<\/div>\n<\/div>\n<\/div>\n\t\t<\/div>\n\n
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      Best Practices Related to Burnout Prevention<\/strong><\/p>\n\t\t\t

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      Burnout is a detrimental phenomena that leads to emotional exhaustion, negative feelings towards one\u2019s work, the development of depressive disorders, and increased risk of hypertension, among other things. [9] The ultimate result of burnout is high turnover rates in professions with high levels of burnout, such as DV advocacy. Strategies for burnout prevention, therefore, are necessary to implement for those at increased risk of burnout and the associated negative effects and outcomes.<\/p>\n\n\n

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      Recommendations related to burnout prevention<\/strong><\/p>\n\t\t\t

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      Where possible, organizations should increase tangible and intangible benefits and encourage advocates to use them. [2, 4, 8]<\/strong><\/p>\n\t\t\t

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      Most subject matter experts see leadership as the place to start implementing prevention practices. Experts suggest better tangible benefits that include more paid time off and better compensation. Experts also consider wellness incentives and chances for creativity such as group exercise events as a way to reduce burnout rate. Greater intangible benefits that create a better, more supportive work environment are just as critical. For instance, one expert found that having greater support options, such as mentorship and supervision, for people working in difficult situations, such as DV advocates, can significantly reduce the risk of burnout. Moreover, another expert\u2019s research found that across interviews with forty-five DV advocacy programs, those that include peer support increased wellness in advocates. Additionally, the organization culture should work to encourage advocates to rest and prioritize themselves when needed.<\/p>\n\n\n\n

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      “not only [allow advocates to] accrue vacation time, but encourag[e] [advocates] to use it.” [9]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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      “A wellness week…you can participate in walking challenge[s] and there’s a small reward” [9]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n\n\n

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      “Competitive salaries that offer a living wage” [9]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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      Advocates should strive to utilize all resources and benefits available to them so that work-life balance may become possible. [2]<\/strong><\/p>\n\t\t\t

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      There are also steps that advocates can take to prevent burnout in their own practice such as advocates taking advantage of benefits, where they exist. Experts discuss the importance of advocates creating work-life balance by utilizing all vacation days and creating and enforcing strong boundaries so that work does not follow advocates home. This necessitates a work environment where that is not only feasible, but supported, requiring burnout prevention to be implemented throughout all levels of the organization.<\/p>\n\n\n\n

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      “showing appreciation for the advocate and understanding of how difficult that role can be [is important in preventing burnout]” [9]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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      “better time off policies and ensuring that they’re actually being enforced [are important in preventing burnout]” [9]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n<\/div>\n\t\t<\/div>\n\n

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      Advocates should monitor themselves for signs of burnout, and take action to implement prevention practices as needed. [3, 7]<\/strong><\/p>\n\t\t\t

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      Advocates can also be taught how to assess themselves for individual risk of burnout. Specifically, experts found that self-esteem, self-efficacy, internal (instead of external) locus of control, emotional stability, extraversion, conscientiousness, agreeableness, positive affectivity, optimism, proactivity, and personability were all found to be positive factors in preventing burnout. Advocates and organizations should try to cultivate these through self-care activities such as healthy eating, meditation, better time management, as well as through a positive work environment with ample support.<\/p>\n\n\n\n

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      “maintain pretty firm boundaries around not mixing up their personal feelings and their personal past experiences with what the survivor’s going through.” [9]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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      Organizations should implement structures of support and supervision to lessen individual burden and stress on advocates. [5]<\/strong><\/p>\n\t\t\t

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      Experts suggest that lightening caseloads can significantly improve burnout rates, which can be accomplished by balancing hard cases with easy cases or shortening the work week. Additionally, as mentioned in the section on trauma-informed practices, organizations and staff should keep in mind that implementing trauma-informed practices helps prevent burnout.<\/p>\n\n\n\n

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      “[make] sure that employees have supervision and support they need” [9]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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      “[there must be diversification within case load] so [that advocates] are not doing 100% domestic violence or family law cases.” [9]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n<\/div>\n\t\t<\/div>\n<\/div>\n<\/div>\n\t\t<\/div>\n<\/div>\n\n

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      Resources & citations related to burnout prevention<\/strong><\/p>\n\t\t\t

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      1. American Psychological Association, Employers Need to Focus on Workplace Burnout: Here\u2019s Why, APA (May 12, 2023) https:\/\/www.apa.org\/topics\/healthy-workplaces\/workplace-burnout<\/a>.<\/li>\n\n\n\n
      2. See NCADV, What Supervisors and Leadership Need to Know About Vicarious Trauma and Supporting Your Staff, NCADV (May 18, 2018) https:\/\/ncadv.org\/blog\/posts\/what-supervisors-and-leadership-need-to-know-about-vicarious-trauma-and-supporting-your-staff<\/a>.<\/li>\n\n\n\n
      3. Iasmina Iosim et. al., The Role of Supervision in Preventing Burnout among Professionals Working with People in Difficulty, 2022 Int. J. Envir. Res. Pub. Health (Dec. 24, 2021) https:\/\/www.ncbi.nlm.nih.gov\/pmc\/articles\/PMC8750667\/<\/a>.<\/li>\n\n\n\n
      4. Heather Phillips et al., Promising Practices and Model Programs: Trauma-Informed Approaches to Working with Survivors of Domestic and Sexual Violence and Other Trauma, Nat\u2019l Ctr. Domestic Violence, Trauma & Mental Health (2015).<\/li>\n\n\n\n
      5. Laurie Anne Pearlman & Lisa McKay, Understanding & Addressing Vicarious Trauma, Headington Inst. (2008).<\/li>\n\n\n\n
      6. See generally Shanti Kulkarni et al., Exploring Individual and Organizational Factors Contributing to Compassion Satisfaction, Secondary Traumatic Stress, and Burnout in Domestic Violence, 4 J. Soc\u2019y Soc. Work & Rsch. 114, (2013).<\/li>\n\n\n\n
      7. Maegan Bradshow, Setting Workplace Boundaries as an Advocate. (June 16, 2023) https:\/\/www.raftcares.org\/resources\/community-blog\/workplace-boundaries<\/a><\/li>\n\n\n\n
      8. American Heart Association, 9 Policies Companies Should Implement to Reduce Burnout, According to Employees, Am. Heart Ass\u2019n (Oct., 10 2023) <\/a>https:\/\/newsroom.heart.org\/news\/9-policies-companies-should-implement-to-reduce-burnout-according-to-employees<\/a><\/li>\n\n\n\n
      9. SME Interview data, on file with author.<\/li>\n<\/ol>\n\n<\/div>\n\t\t<\/div>\n<\/div>\n<\/div>\n\t\t<\/div>\n\n
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        Best Practices Related to Training and Certification<\/strong><\/p>\n\t\t\t

        <\/span><\/div>\n\t\t<\/div>\n\t\t\t
        \n\n

        Across scholarship, experts consider both threshold qualifications and long term training when determining how best to train and certify advocates who wish to give limited scope legal advice and leverage advances to UPL reform. The following section will explore existing programs that train people other than lawyers to give limited scope legal advice in order to offer best practices. There are two main types of programs that will be considered: community-based justice worker and allied legal professional programs. Community-based justice worker programs will be the primary point of reference, as these programs deal directly with the type of legal skillbuilding this project contemplates. For a comprehensive guide to currently authorized community-based justice worker programs in the US, visit this spreadsheet<\/a>. This section also considers allied legal professional programs. Though these programs deal with upskilling paralegals, and thus are not directly generalizable to DV advocates, these programs nonetheless provide supplemental data in a landscape where little information is available. For a comprehensive description of existing and contemplated allied legal professional programs, see the Institute for the Advancement of the American Legal System\u2019s Allied Legal Professionals<\/a>. [1]<\/p>\n\n\n\n

        Additionally, across training and certification components, domestic violence subject matter experts identified having a client-centered empowerment approach as a critical skill for advocates to learn and practice. Strength and empowerment based approaches to services have been shown to improve client outcomes across a vast array of fields. A component of the empowerment approach is supporting clients experiencing a sense of loss of control by focusing on strengths, individual agency, and finding community. This is a skill set that can be taught to advocates, but must be done so in tandem with additional training on trauma-informed care, cultural humility, and appropriate supervision\u2014 in addition to substantive legal topics\u2014 in order to be effective. [2]<\/p>\n\n\n

        \n
        \n\t\t\t
        \n\t\t\t

        Recommendations related to Training and Certification<\/strong><\/p>\n\t\t\t

        <\/span><\/div>\n\t\t<\/div>\n\t\t\t
        \n
        \n
        \n\t\t\t
        \n\t\t\t

        Training programs should consider what threshold education and experience requirements to implement and ensure that these decisions are not insurmountable barriers to advocates. [3, 4]<\/strong><\/p>\n\t\t\t

        <\/span><\/div>\n\t\t<\/div>\n\t\t\t
        \n\n

        Immense variation in threshold education and experience requirements exists across existing allied legal professional and community-based justice worker programs. For example, allied legal professional programs have age thresholds, education requirements spanning from associate\u2019s degrees in paralegal studies to master of legal studies degrees, and experience with legal work supervised by an attorney spanning thousands of hours to years. With community-based justice worker programs, there is similar variation. For example \u2014 depending on the substantive area of law \u2014 asynchronous training components can be as quick as 8 hours, or can consist of over 60 hours of materials. Similar to allied legal professional programs, there are some residency, education, and employment requirements. Regardless of specific threshold requirements, subject matter experts interviewed agree that both experience and education are important for certification. As such, the precise requirements for education and experience should be based upon the scope of the particular program and what the decision-makers will tolerate. It is important that any training program not replicate the egregious barriers to entry that are prevalent in other legal education settings.<\/p>\n\n\n\n

        \n
        \n

        Arizona’s Housing Stability Legal Advocate program only requires a GED or equivalent [4]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

        \n

        Some programs permit education waivers if certain experience requirements are met [7]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n\n\n

        \n
        <\/div>\n\n\n\n
        \n

        Some experts believe that requiring certain past education is not as important as what education a person will go through as part of a training model. [2]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

        <\/div>\n<\/div>\n\n<\/div>\n\t\t<\/div>\n\n
        \n\t\t\t
        \n\t\t\t

        Training methods and topics should be representative of the needs and scope of the particular community legal education program. [3, 4, 5, 6, 7, 8, 9]<\/strong><\/p>\n\t\t\t

        <\/span><\/div>\n\t\t<\/div>\n\t\t\t
        \n\n

        Across existing programs, the topics covered should be those that the advocates will be providing legal advice on. For example, the Domestic Violence Legal Advocate Initiative in Arizona requires completion of modules on scope of services and ethics; introduction to family law, jurisdiction, and procedure; family law: property; family law: spousal maintenance; family law: children\u2019s issues; court preparations and filings; and court outcomes and procedural fairness. Utah\u2019s Certified Advocate Partners Program requires completion of modules on legal advocacy, criminal and civil protective orders, writing order requests, preparing client for court, and what happens after the hearing. Allied legal professional programs may require advocates to be trained on all topics covered by the program, or they may choose to allow advocates to choose what topics they wish to be trained on and be authorized to practice only in that area. Programs may choose to train their advocates online\u2014 asynchronously or synchronously\u2014 or in-person, or a combination of both. Additionally, time spent training should be comprehensive enough for advocates to develop competency in the relevant substantive legal areas, but not so burdensome that they will not be able to complete the training within the course of their existing workload and responsibilities. Advocates who would complete this training should be involved in the decision-making and development process of the training, to the extent their capacity allows.<\/p>\n\n\n\n

        \n
        \n

        “[training] depends on type of client [the advocates are] serving” [11]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

        \n

        “What’s in our county, in our locality, and in this job with this judge in this court?” [11]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n<\/div>\n\t\t<\/div>\n\n

        \n\t\t\t
        \n\t\t\t

        Experts recommend applications and certification exams prior to service provision; programs should consider what competency requirements are feasible and appropriate for certification, as well as burden on advocates to meet those requirements. [3, 4]<\/strong><\/p>\n\t\t\t

        <\/span><\/div>\n\t\t<\/div>\n\t\t\t
        \n\n

        For example, the sandbox in Utah requires applications for new service models prior to authorization. This ensures that the entity applying for authorization meets the requisite entry requirements, and is aware of their data reporting requirements if their application is authorized. In Arizona, the Supreme Court requires Housing Stability and Domestic Violence Legal Advocates to pass a certification exam administered by the Administrative Office of the Courts. In Alaska, Community Justice Workers must be granted an individual waiver by the Alaska Bar Association. It is yet to be determined what this application and individual authorization will require. The Certified Advocate Partners Program (CAPP) in Utah requires a Final Certification Interview with the CAPP Program Coordinator prior to providing services. Similarly, allied legal professional programs require application packets that evidence that an applicant has met all requirements prior to receiving certification. Given the broad range of requirements across existing programs, consider what is realistic and feasible for advocates to complete within the course of their existing work and what threshold decision-makers will tolerate.<\/p>\n\n\n\n

        \n
        \n

        Certified Advocate Partners Program in Utah does not require a court-administered exam [12]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

        \n

        Domestic Violence Legal Advocates in Arizona must complete a court-administered exam [6]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n\n\n

        \n
        <\/div>\n\n\n\n
        \n

        Tribal Advocate Incubator Program advocates in Montana must sit for and pass the Trial Bar exam to practice in the tribal community [7]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

        <\/div>\n<\/div>\n\n<\/div>\n\t\t<\/div>\n\n
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        \n\t\t\t

        Once certified, experts recommend making continuing education available to advocates to keep their skills and knowledge current. [4, 10, 1, 11]<\/strong><\/p>\n\t\t\t

        <\/span><\/div>\n\t\t<\/div>\n\t\t\t
        \n\n

        Continued legal education (CLE) is required for attorneys to maintain their license, and social service providers have similar continuing education unit (CEU) requirements. At this time there are no best practices recommendations for the volume and frequency at which to require continuing education, only that it should be required. Some programs provide area CLE information to community-based justice workers, and other relevant resources. At this time, continuing education is only required by Arizona\u2019s Domestic Violence Legal Advocate Program, requiring one hour of continuing education per quarter. Many other community-based justice worker programs, while they don\u2019t explicitly require, strongly encourage and make available CLE opportunities. It is important to note here that this aligns with what potential community-based justice workers want when considering certification. Volume and frequency of continuing education will likely be dependent on substantive area of law, available offerings, and cost to the advocate or organization.<\/p>\n\n\n\n

        \n
        \n

        “Helpful for legal advocates to go through some of the basic continuing legal education trainings that are required of attorneys who might be working with survivors.” [11]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

        \n

        “Core training is universal [at our organization], then they have ongoing training to keep up with credit hours every year.” [11]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n\n\n

        \n
        <\/div>\n\n\n\n
        \n

        “[The] state has some requirements…community-based agenc[ies] have certain number of hours per year, ongoing training is required.” [11]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

        <\/div>\n<\/div>\n\n<\/div>\n\t\t<\/div>\n<\/div>\n<\/div>\n\t\t<\/div>\n<\/div>\n\n
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        Resources & citations related to training and certification<\/strong><\/p>\n\t\t\t

        <\/span><\/div>\n\t\t<\/div>\n\t\t\t
        \n\n
          \n
        1. Cayley Balser, Erin Weaver, Stacy Rupprecht Jane, Gabriela Elizondo-Craig, Tate Richardson, and Antonio Coronado, Leveraging Unauthorized Practice of Law Reform to Advance Access to Justice,18 L.J. for Social Justice 16 (2024).<\/li>\n\n\n\n
        2. Judith Wolf & Irene Jonker, Pathways to Empowerment: The Social Quality Approach as a Foundation for Person-Centered Interventions, 10:1 The International Journal of Social Quality 29 at 37 (2020).<\/li>\n\n\n\n
        3. Michael Houlberg & Janey Drobinske, The Landscape of Allied Legal Professional Programs in the United States, Inst. Advancement Am. Legal Sys., (Nov. 2022), https:\/\/iaals.du.edu\/sites\/default\/files\/documents\/publications\/landscape_allied_legal_professionals.pdf<\/a><\/li>\n\n\n\n
        4. https:\/\/docs.google.com\/spreadsheets\/d\/1yJIHSRy9k-l8wq8D6QRpqAuuFNLUiyQwpRNv1m9VTSs\/edit?usp=sharing<\/a><\/li>\n\n\n\n
        5. Innovation for Justice, Housing Stability Legal Advocates, i4J https:\/\/www.innovation4justice.org\/hsla<\/a> (last visited Feb. 25, 2024)<\/li>\n\n\n\n
        6. Innovation 4 Justice, Domestic Violence Legal Advocate Initiative, i4J https:\/\/www.innovation4justice.org\/dvla<\/a> (last visited Feb. 25, 2024)<\/li>\n\n\n\n
        7. Montana Legal Services Association, Tribal Advocacy Incubator Project, https:\/\/www.mtlsa.org\/tribal-advocate-incubator-project\/<\/a> (last visited Feb, 14, 2024).<\/li>\n\n\n\n
        8. https:\/\/www.utahbar.org\/wp-content\/uploads\/2024\/02\/LPP-Qualifications-Website-J24.pdf<\/a><\/li>\n\n\n\n
        9. https:\/\/www.azbar.org\/media\/eoob51ae\/ao-legal-paraprofessionals-acja-7-210.pdf<\/a><\/li>\n\n\n\n
        10. https:\/\/www.azcourts.gov\/Portals\/22\/admorder\/Orders24\/2024-35.pdf?ver=cROqDdWhxSqttW-QGcRfOg%3d%3d<\/a><\/li>\n\n\n\n
        11. SME interview data, on file with author.<\/li>\n\n\n\n
        12. Timpanogos Legal Center, Certified Advocate Partners Program<\/em>, Timpanogos Legal Center, https:\/\/www.timplegal.org\/legal-services\/certified-advocate-partners-program<\/a> (last visited Apr. 12, 2024).<\/li>\n<\/ol>\n\n<\/div>\n\t\t<\/div>\n<\/div>\n<\/div>\n\t\t<\/div>\n\n
          \n\t\t\t
          \n\t\t\t

          Best Practices Related to Supervision and Mentorship<\/strong><\/p>\n\t\t\t

          <\/span><\/div>\n\t\t<\/div>\n\t\t\t
          \n\n

          Multiple sources define supervision as an assigned role within an organization tasked with directing and assessing the work of employees in the completion of specific tasks in an effort to advance the goals of the organization. Mentorship, however, is a relationship with an expert or professional who provides the recipient with professional guidance, shared personal experience, provides resources, and aids in the development of professional identity. Mentors are not responsible for assessing performance within the organization or contributing to organizational goals, however a mentee may choose to discuss activities related to work or specific tasks for feedback. For some a supervisor and a mentor are the same person, and while the nature of a mentor relationship is typically more personal than that of supervision, an effective supervisor can serve in both roles. [1, 2, 3, 4, 5] The distinction between mentor and supervisor is important in this context, because of the many frameworks and conversations in the UPL reform space about whether and how much attorney supervision is needed.<\/p>\n\n\n

          \n
          \n\t\t\t
          \n\t\t\t

          Recommendations related to supervision and mentorship<\/strong><\/p>\n\t\t\t

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          \n\t\t\t

          Aspects of mentorship should be included in supervision models to best support advocates. [6, 7, 8]<\/strong><\/p>\n\t\t\t

          <\/span><\/div>\n\t\t<\/div>\n\t\t\t
          \n\n

          There are no specific mandates for supervision of attorneys, leading this research to look towards other professions as models. What is known is that advocates considering legal training want supervision to support them while entering a new role, and there is room for exploration and development of best practices for supervision of advocates who are able to provide legal advice. Some jurisdictions may prefer to require supervision by attorneys, and others may feel confident in alternative supervision models that meet the needs of their communities and advocates while recognizing capacity and resources.<\/p>\n\n\n\n

          \n
          \n

          “Mentorship is the most important thing” [10]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

          \n

          “making sure that employees have the supervision and support they need” [10]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n\n\n

          \n
          <\/div>\n\n\n\n
          \n

          “Having some supervisory structures to maintain the manner of dealing with clients” [10]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

          <\/div>\n<\/div>\n\n<\/div>\n\t\t<\/div>\n\n
          \n\t\t\t
          \n\t\t\t

          Supervision of advocates with specialized legal training can be done by a licensed attorney to mitigate liability and competency concerns, but should not increase barriers to becoming a legally trained advocate. [8, 9]<\/strong><\/p>\n\t\t\t

          <\/span><\/div>\n\t\t<\/div>\n\t\t\t
          \n\n

          One argument advocates for attorney supervision due to the perceived risk of consumer harm if individuals are helped with legal advice by someone who is not an attorney. To date, few complaints have been lodged against allied legal professionals or community-based justice workers for their services. Because upskilling community-based advocates is an emerging field with few examples, program evaluation is used as a baseline for examples of how various jurisdictions are supervising and mentoring legal workers who have training but are not lawyers. The majority of states with allied legal professional programs do not mandate attorney supervision. Several reasons are cited in support of not mandating supervision including: supervision burdens already strained resources such as attorney time; attorneys may be hesitant to agree to accept legal and ethical responsibilities for allied legal professionals and further may be required to take out increased malpractice insurance to cover those being supervised; and little to no \u201cconsumer harm\u201d reported in states that do not mandate attorney supervision for allied legal professionals.<\/p>\n\n\n\n

          \n
          <\/div>\n\n\n\n
          \n

          “As a best practice, attorney supervision should not be required in an ALP program, but if it is, states should view supervision along a spectrum of engagement–not as an all-or-nothing proposition.” [11]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

          <\/div>\n<\/div>\n\n<\/div>\n\t\t<\/div>\n\n
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          \n\t\t\t

          Supervision and mentorship should include topics such as continuing education, case oversight, cultural humility, navigating ethical dilemmas, and burnout prevention. [10]<\/strong><\/p>\n\t\t\t

          <\/span><\/div>\n\t\t<\/div>\n\t\t\t
          \n\n

          Mentorship and\/or supervision is critical for preventing burnout, implementing cultural humility approaches, providing ongoing feedback on trauma practices, and a necessary component of training\/onboarding. All of these are skills and qualities have been identified as skills advocates need. Further, trauma-informed care, cultural humility, and the prevention of burnout are supported by advocate qualities such as patience, empathy, curiosity, integrity, being a problem-solver, respect, boldness, understanding, and flexibility. Overall, this supports a relationship between supervision and mentorship play a critical role in the development and expansion. Most importantly, supervision provides support, accountability, and oversight for advocates both in general and for those that are legally trained.<\/p>\n\n\n\n

          \n
          \n

          “Coalition for legal advocates to help them feel less nervous about providing wrong information or crossing a line.” [10]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

          \n

          “Making sure that employees have the supervision and support they need [is critical].” [10]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n<\/div>\n\t\t<\/div>\n\n

          \n\t\t\t
          \n\t\t\t

          Supervision and mentorship should be included in onboarding and ongoing training, and should contain some component of shadowing. [8, 10]<\/strong><\/p>\n\t\t\t

          <\/span><\/div>\n\t\t<\/div>\n\t\t\t
          \n\n

          Training for new advocates provides a baseline knowledge; effective supervision allows an advocate to learn real-life skills on the job and is important to the training process. Supervision periods contain important and formative components for developing licensed professionals. Through supervision, allied legal professionals should be provided with structure to learn and grow in their practice. According to IAALS, \u201cSupervised practice is an important part of the education process, and it is essential to provide guidance towards improvement.\u201d Initial supervision should be intended to provide feedback, which serves both allied legal professionals and organizations as the structure supports improved service provision. Additionally, feedback and training while working under supervised practice supports the development of expertise and progress towards practice goals. Subject matter experts included shadowing with a mentor or supervisor as an important aspect of legally training advocates.<\/p>\n\n\n\n

          \n
          \n

          “shadow me, then let’s walk through systems, then you try it while I shadow you, then let’s check in for the next two weeks after you do each day of covering these responsibilities.” [10]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

          \n

          “the supervisors are expected to be not just providing ongoing training and coaching regardless of how long an advocate has been advocating, but also observing them in practice, and providing feedback and you know, stepping in as needed.” [10]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n\n\n

          \n
          <\/div>\n\n\n\n
          \n

          “Having hands on observation and coaching when an advocate starts….[including] extensive training and shadowing observation period, they see not only their peers, but their manager, working with survivors learning from them, then their manager is observing them in practice before they can meet with individuals on their own.” [10]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

          <\/div>\n<\/div>\n\n<\/div>\n\t\t<\/div>\n<\/div>\n<\/div>\n\t\t<\/div>\n<\/div>\n\n
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          Resources related to supervision and mentorship<\/strong><\/p>\n\t\t\t

          <\/span><\/div>\n\t\t<\/div>\n\t\t\t
          \n\n
            \n
          1. Collete Wilson, Supervising, coaching, mentoring: what’s the difference? Va. Soc\u2019y CPAs (2024) https:\/\/www.vscpa.com\/article\/supervising-coaching-mentoring-whats-difference<\/a> (last visited Mar. 18th, 2024);<\/li>\n\n\n\n
          2. Anna Warren, Understanding the roles of coach, mentor, and supervisor, Tex. Educ. Ass\u2019n, (2015) https:\/\/ael.education\/blog\/2015\/understanding-the-roles-of-coach-mentor-and-supervisor<\/a> (last visited Mar. 19, 2024);<\/li>\n\n\n\n
          3. University of Toronto School of Graduate Studies, Supervision Guidelines for Faculty \u2013 Section 2: Supervision and Mentoring, https:\/\/www.sgs.utoronto.ca\/resources-supports\/supervision\/supervision-guidelines\/supervision-guidelines-for-faculty-section-2-supervision-and-mentoring\/<\/a> (last visited Mar. 24, 2024)<\/li>\n\n\n\n
          4. Benita Stafford-Smith, Coaching Mentoring Supervision What is the difference? Linkedin, (2019) https:\/\/www.linkedin.com\/pulse\/coaching-mentoring-supervision-what-difference-benita-stafford-smith\/<\/a> (last visited Mar. 18, 2024)<\/li>\n\n\n\n
          5. See Andrew Mellon & Deborah Murdoch-Eaton, Supervisor or mentor: is there a difference? Implications for paediatric practice, Archives Disease Childhood, (2015) https:\/\/eprints.whiterose.ac.uk\/85375\/8\/WRRO_85375.pdf<\/a> (last visited Mar. 22, 2024)<\/li>\n\n\n\n
          6. American Bar Association, Model Rules of Professional Conduct, (2024) https:\/\/www.americanbar.org\/groups\/professional_responsibility\/publications\/model_rules_of_professional_conduct\/model_rules_of_professional_conduct_table_of_contents\/<\/a> (last visited Mar. 22, 2024).<\/li>\n\n\n\n
          7. LJSJ<\/li>\n\n\n\n
          8. Michael Houlberg & Janey Drobinske, The Landscape of Allied Legal Professional Programs in the United States, Inst. Advancement Am. Legal Sys., (Nov. 2022), https:\/\/iaals.du.edu\/sites\/default\/files\/documents\/publications\/landscape_allied_legal_professionals.pdf<\/a><\/li>\n\n\n\n
          9. Logan Cornett et al., Guidelines for a Licensing System Based on Supervised Practice, Inst. Advancement Am. Legal Sys. (2022), https:\/\/mitchellhamline.edu\/intellectual-property-institute\/wp-content\/uploads\/sites\/21\/2022\/05\/Assessment-Guidelines-Supervised-Practice.pdf<\/a> (last visited Mar. 22, 2024).<\/li>\n\n\n\n
          10. SME Interview data, on file with author.<\/li>\n\n\n\n
          11. Michael Houlberg & Natalie Anne Knowlton, Allied Legal Professionals: A National Framework for Program Growth<\/em>, Inst. Advancement Am. Legal Sys., (June 2023), https:\/\/iaals.du.edu\/sites\/default\/files\/documents\/publications\/alp_national_framework.pdf<\/a><\/li>\n<\/ol>\n\n<\/div>\n\t\t<\/div>\n<\/div>\n<\/div>\n\t\t<\/div>\n\n
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            Best Practices Related to Ethics and Professional Responsibility<\/strong><\/p>\n\t\t\t

            <\/span><\/div>\n\t\t<\/div>\n\t\t\t
            \n\n

            When determining what ethical codes and professional responsibility guidelines should apply to advocates who are certified to provide limited-scope legal advice, existing ethical codes are referenced. Because allied legal professional and community-based justice worker programs are in early stages across the country, there is no consensus about best practices for making determinations about what ethics will apply. Allied legal professional and community-based justice worker programs are referenced throughout this section; it is important to note that allied legal professional programs generally involve upskilling paralegals and not domestic violence advocates, so while the data is helpful, it is not fully generalizable to new programs.<\/p>\n\n\n

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            Recommendations related to ethics and professional responsibility<\/strong><\/p>\n\t\t\t

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            Organizations should look to existing ethical codes for guidance and tailor them accordingly. [1, 2, 3]<\/strong><\/p>\n\t\t\t

            <\/span><\/div>\n\t\t<\/div>\n\t\t\t
            \n\n

            Two main sources come up over and over again as sources for ethical guidelines: the Model Rules of Professional Conduct created by the American Bar Association, and relevant social service guidelines. In practice, this can mean adjusting language in the rules of the given jurisdiction to ensure that they are applied to allied legal professionals and community-based justice workers, or indicating that the existing state bar rules apply to the new service provider within the authorizing documents. Alternatively, experts suggest attorney supervision as a way to ensure upskilled advocates maintain ethical and professional standards.<\/p>\n\n\n\n

            \n
            <\/div>\n\n\n\n
            \n

            “the guidelines used by social workers is a huge baseline.” [7]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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            Regardless of what ethical code is applied, there should be an emphasis on informed consent, confidentiality, and creating healthy boundaries between staff and clients. [4, 5, 6]<\/strong><\/p>\n\t\t\t

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            \n\n

            Experts hone in on certain skills they find most important in advocate\u2019 ethics. First, experts emphasize that advocates must maintain client confidentiality, to the same standard that is required from lawyers to maintain attorney-client privilege. Next, subject matter experts interviewed for this project suggest that being able to establish boundaries is an essential part of professional responsibility. Part of establishing boundaries should be making clear to survivors what advocates are authorized to do within the scope of service. Limitations and scope of service can and should be included in informed consent, shared with survivors prior to any service provision and referred back to as necessary while working with the survivor. Additionally, asserting and enforcing boundaries in all aspects of the advocates work, especially direct work with survivors, will help to ensure that survivors not only trust the advocate but the advocate does not practice outside their authorized scope. A strong emphasis on scope of service boundaries will also mitigate concerns expressed by organization leadership about legal skill building for advocates in the course of this project.<\/p>\n\n\n\n

            \n
            \n

            “limitations should be explained to clients about what they can and cannot do.” [7]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

            \n

            “Confidentiality is obviously something that is critical to this work.” [7]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n\n\n

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            <\/div>\n\n\n\n
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            “Explain confidentiality and what will be turned over to defense.” [7]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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            Once advocates have received ethics training, organizations should strive to stay up to date on developments in ethical and professional conduct recommendations and continually and responsively train advocates on ethical guidelines. [7]<\/strong><\/p>\n\t\t\t

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            Experts see ethical responsibility to be an ongoing process that requires long-term training and modifications based on the organization’s scope of service, goals, and clients served. From this projects interviews, this could look like creating standing ethical guidelines so that advocates have a tool to continually reference, and conducting refresher trainings as needed or required. Of course, these will need to be updated as the research shows new findings in the field of ethics and professional responsibility.<\/p>\n\n<\/div>\n\t\t<\/div>\n<\/div>\n<\/div>\n\t\t<\/div>\n<\/div>\n\n

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            Resources & citation related to ethics and professional responsibility<\/strong><\/p>\n\t\t\t

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            1. See Pamela Cardullo Ortiz, Consent, Clarity, and Candor: The Ethics of Communication in Limited-Scope Representation, 33 Am. Bar Ass\u2019n J. Lab. & Emp. L. 247 (2018)<\/li>\n\n\n\n
            2. Providers of Alt. Legal Servs. (PALS) II Subcoom., Colo Supreme Court, Licenses Legal Paraprofessionals Implementation Report and Plan 1 (2022) https:\/\/www.courts.state.co.us\/userfiles\/file\/Court_Probation\/Supreme_Court\/Rule_Changes\/PALS%20attachment%201.pdf<\/a>.<\/li>\n\n\n\n
            3. Michael Houlberg, Minnesota’s Legal Paraprofessional Pilot Project Shows Early Successes, Inst. Advancement Am. Legal Sys. (Mar. 17, 2022) https:\/\/iaals.du.edu\/blog\/minnesotas-legal-paraprofessional-pilot-project-shows-early-successes<\/a>.<\/li>\n\n\n\n
            4. See Oregon State Bar, Oregon Licenses Paralegals, Or. State Bar (2023) <\/a>https:\/\/www.osbar.org\/lp<\/a><\/li>\n\n\n\n
            5. Cal. Paraprofessional Program Working Group, State Bar of Cal., Report and Recommendations 4 (2021) https:\/\/www.calbar.ca.gov\/Portals\/0\/documents\/publicComment\/2021\/CPPWG-Report-to-BOT.pdf<\/a><\/li>\n\n\n\n
            6. Washington State Bar Association, Limited License Legal Technicians, Wash. State Bar. Ass\u2019n (Sept. 29, 2023) https:\/\/www.wsba.org\/for-legal-professionals\/join-the-legal-profession-in-wa\/limited-license-legal-technicians<\/a>.<\/li>\n\n\n\n
            7. SME interview data, on file with author.<\/li>\n<\/ol>\n\n<\/div>\n\t\t<\/div>\n<\/div>\n<\/div>\n\t\t<\/div>\n\n
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              Best Practices Related to Advocate Skills and Qualities<\/strong><\/p>\n\t\t\t

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              It is worth noting the difference between skills \u2014processes or abilities acquired through training or education\u2014 and qualities\u2014 innate aspects of a person that are difficult to provide through training. Skills of legally trained advocates may include providing accurate legal advice within the scope of their practice, providing a client with needed community resources, supporting a client in navigating the legal or social services systems, and having a client-centered empowerment mindset. Examples of inherent qualities ideal to being an advocate include patience, empathy, curiosity, integrity, being a problem-solver, respect, boldness, understanding, and flexibility. [1]<\/p>\n\n\n

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              Recommendations related to advocate skills and qualities<\/strong><\/p>\n\t\t\t

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              Experienced advocates already working in the field should be considered for legal training. [3]<\/strong><\/p>\n\t\t\t

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              There is support that advocates with extensive experience are most appropriate for upskilling, and that brand new advocates benefit from gaining experience prior to considering upskilling. Experienced advocates have had time to develop the identified skills through practice, providing a strong foundation for upskilling.<\/p>\n\n\n\n

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              “Education level is less correlated as much as experience level is.” [3]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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              “Having some experience with people in crisis or trauma is more important tha[n] any kind of degree or credential.” [3]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n\n\n

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              “I don’t think that [lack of paralegal certificate] itself is indicative of whether or not a person is going to be good at the job.” [3]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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              Supervision should address both the skills and qualities important to being an effective advocate. [2]<\/strong><\/p>\n\t\t\t

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              It is important to acknowledge that each of the above sections addresses the importance of supervision and mentorship in the development and evolution of advocate skills and qualities. Subject matter experts identified having a client-centered empowerment approach as a critical skill for advocates to learn and practice. Strength- and empowerment-based approaches to services have been shown to improve client outcomes across a vast array of fields. A component of the empowerment approach is supporting clients experiencing a sense of loss of control by focusing on strengths, individual agency, and finding community. This is a skill set that can be taught to advocates, but must be done so in tandem with additional training on trauma-informed care, cultural humility, and appropriate supervision in order to be effective. Some advocates may have prior experience in the field, including lived experience, meaning they can begin a new position as an advocate and have some of the skills and qualities desired. However, if skill and quality development is viewed as a journey rather than a destination, ongoing supervision and mentorship will help advocates continue to grow.<\/p>\n\n\n\n

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              “Supervisors are expected to be not just providing ongoing training and coaching, regardless of how long an advocates has been advocating, but also observing them in practice, and providing feedback and you know, stepping in as needed.” [3]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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              “Open mindedness…because no matter how much training you come in with, you’re going to learn and you’re going to grow and you’re going to have a lot of conception, preconceptions changed.” [3]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n<\/div>\n\n\n\n

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              “Making sure that people, especially when they are starting out in advocacy, have experienced person with them who can help them understand [cultural differences].” [3]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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              More research is needed to create an effective tool to measure the skill level of legally trained advocates, or determine if one is needed.<\/strong><\/p>\n\t\t\t

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              Assuring that upskilled advocates are able to perform the highly specialized and ethically demanding tasks of their role is an important consideration in considering involving DV advocates in the legal empowerment and UPL reform movements. However, it is just as important to ensure that while developing tools to measure skills and qualities barriers to working as an upskilled advocate are also not increased through mandatory exams or overly demanding training or experience requirements, which would further perpetuate the elitism and exclusivity so closely tied to the legal field.<\/p>\n\n\n\n

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              “I really believe that advocates shouldn’t necessarily need a formal education because formal education is based in privilege.” [3]<\/strong><\/p><\/blockquote><\/figure>\n<\/div>\n\n\n\n

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              Resources related to best practices for advocate skills and qualities<\/strong><\/p>\n\t\t\t

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              1. Barbara Blundell et al., Advocacy skills, core competencies, and training opportunities: A scoping review, 14:2 J. Soc. Inclusion, 1-21, 5 Table 3 Effective advocacy skills, values, attitudes, and personality traits, (2023) https:\/\/storage.googleapis.com\/jnl-up-j-jsi-files\/journals\/1\/articles\/248\/6583d18c24e35.pdf<\/a> (last visited Mar. 22, 2024)<\/li>\n\n\n\n
              2. Judith Wolf & Irene Jonker, Pathways to Empowerment: The Social Quality Approach as a Foundation for Person-Centered Interventions, 10:1 Int\u2019l J. Soc. Quality, 29, 37 (2020). https:\/\/www.berghahnjournals.com\/view\/journals\/ijsq\/10\/1\/ijsq100103.xml?utm_source=TrendMD&utm_medium=cpc&utm_campaign=The_International_Journal_of_Social_Quality_TrendMD_0<\/a> (last visited Apr. 5, 2024).<\/li>\n\n\n\n
              3. SME interview data, on file with author.<\/li>\n<\/ol>\n\n<\/div>\n\t\t<\/div>\n<\/div>\n<\/div>\n\t\t<\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"

                What do subject matter experts consider the best practices for lay and licensed legal advocacy? The categories presented in this section are organized in a funnel approach \u2014 the best practices that relate to DV advocacy regardless of legal skill building for advocates are presented first, and categories more closely related to legal skill building […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-51","page","type-page","status-publish","hentry"],"featured_image_src":null,"_links":{"self":[{"href":"https:\/\/uplpolicytoolkit.org\/index.php?rest_route=\/wp\/v2\/pages\/51","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/uplpolicytoolkit.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/uplpolicytoolkit.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/uplpolicytoolkit.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/uplpolicytoolkit.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=51"}],"version-history":[{"count":6,"href":"https:\/\/uplpolicytoolkit.org\/index.php?rest_route=\/wp\/v2\/pages\/51\/revisions"}],"predecessor-version":[{"id":255,"href":"https:\/\/uplpolicytoolkit.org\/index.php?rest_route=\/wp\/v2\/pages\/51\/revisions\/255"}],"wp:attachment":[{"href":"https:\/\/uplpolicytoolkit.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}