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Challenges & Strategies

Working with Vulnerable Persons

Legal Professionals Representing Vulnerable Clients

In this section you will find information to consider in representing clients who have sustained a brain injury and as a result struggle with cognitive, emotional, and physical impairments. These individuals can experience symptoms which can diminish their ability to fully participate and understand the complexities of the criminal justice system. These individuals often experience co-occurring conditions such as mental health or addictions which further compound their vulnerability in unequal access and participation in complex court proceedings and criminal justice systems.

For Legal professionals to adequately represent their client’s interests it must be determined if a client meets the definition of a legal disability and that they have the competency to direct their counsel. Assessing an individual’s ability to comprehend and participate in the proceedings will determine the type of accommodations that are required to ensure a fair and equitable process. This also ensures that the client is able to adequately direct their legal counsel.

This information has been summarized with permission from – https://www.thomsonrogers.com/wp-content/uploads/2020/04/representing-vulnerable-and-incapable-clients.pdf via The Litigator.

  • Persons will be “mentally incapable” under the Act if they fail to meet the “understand or appreciate” test: that is, they are not able to understand information relevant to making a decision concerning their property (which includes a legal claim), care or safety; OR, they are not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision.
  • Legal disability has very real consequences for a client. It results in a near total loss of autonomy in the legal process. A client cannot pursue a legal claim except by and through a Litigation Guardian.
  • A Litigation Guardian is empowered to do “anything” required or authorized to be done by a party to litigation and who alone “instruct[s] the lawyer in the conduct of the [legal] proceeding”
  • The starting point is the legal presumption that a person has capacity until proven otherwise.
  • Capacity is demonstrated by the ability to“understand” and “appreciate.” To meet the test for capacity to instruct counsel, persons must: (1) understand what they have asked the lawyer to do for them and why; (2) be able to understand and process the information, advice and options the lawyer presents; and, (3) appreciate the advantages, drawbacks and potential consequences associated with the options with which they are presented (i.e. be able to assess risk).
  • It is only when clients appear unable to understand information provided to them, or to appreciate the consequences of a decision, good or bad, does their capacity come into question.
  • Incapacity must stem from a mental source such as mental illness, dementia, developmental delay or physical injury. It does not stem a lack of sophistication, education or cultural differences.
  • The incapacity must affect the party’s decision-making in relation to the issues in the litigation.
  • Lawyers can educate themselves about common mental disabilities and typical accommodations associated with such disabilities.
  • Clients are ultimately the best resource in this regard – asking them what accommodations they need to understand, appreciate, and participate in the lawyer-client relationship is usually the best starting point.
  • Lawyers are precluded from acting on behalf of an incapable client, they are necessarily under an obligation to assess their clients’ capacity to instruct counsel.
  • While Rules of Professional Conduct impose an ethical duty on the lawyer to take steps to ensure that a legally disabled client’s interests are protected and not abandoned, they do little to provide any meaningful guidance about how a lawyer is supposed to determine a client’s capacity.

The Assessment of Older Adults with Diminished Capacity

A Handbook for Lawyers by the American Bar Association, recommends that the first step is to conduct a “preliminary screening” to identify any “red flags” suggesting possible incapacity. 

To promote accessibility and inclusion for individuals who have sustained a brain injury and struggle with cognitive impairment, Lawyers might consider one or more of the following during client meetings to provide adequate accessibility and accommodations to address symptoms of ABI. 

  1. Provide advance explanation of the purpose of any meeting with the client.
  2. Discuss one issue at a time.
  3. Break information into small, manageable chunks.
  4. Use simple, straightforward, non-legalese language.
  5. Speak at a slower pace to allow the client to process information.
  6. Allow extra time for clients to formulate and ask clarifying questions.
  7. Provide cues to assist recall rather than expecting spontaneous retrieval of information.
  8. Repeat, paraphrase, summarize, and check periodically for accuracy of communication and comprehension.
  9. Confirm understanding by asking the client to explain in their own words what has been said.
  10. If information is not understood, incompletely understood, or misunderstood, provide corrected feedback and check again for comprehension.
  11. Provide summary notes and information sheets to facilitate later recall, including key points, decisions to be made, and documents to bring to the next meeting, etc.
  12. Schedule appointments for times of the day when the client is at peak performance.
  13. Schedule multiple, shorter appointments rather than one lengthy appointment.

Having a holistic picture of your client and the factors that create vulnerability will promote inclusivity and accessibility for the client in court proceedings. The ability to anticipate the challenges that may arise due to the client’s disability or your needs as a legal professional in representing that client, will allow you to advocate for required accommodations. This will ensure your client has the ability to participate in the proceedings to the fullest extent of their capabilities. This will ensure that accessibility and equity is paramount in a system that is very complicated and difficult to understand for individuals with Acquired Brain Injury or cognitive impairment. It is important to help create a plan of accommodation to assist your client in navigating the challenges of the court process. Ask medical, mental health or support staff for guidance to ensure you are covering the clients needs in physical, cognitive and emotional support needs.

For consideration in Creating a Court Support Plan:

  1. How will the proceedings affect my client’s emotional energy?
  2. Will the client’s brain injury create challenges in communication, understanding and ability to answer questions or produce an accurate timeline of events?
  3. Can proceedings be scheduled during the time of day that is best suited to my client’s needs?
  4. What type of behaviours could be disruptive due to the individual’s cognitive impairment/ABI? What ways can I help to support or address this?
  5. Will the client have access to a sensory item to decrease anxiety?
  6. Is the client able to have a communication advocate? – Communication Disabilities Access Canada (CDAC) has a database of professionals who can provide assistance to individuals who need communication support due to issues such as brain injury. They can also provide more information, HERE.
  7. Will the client be able to understand their rights and responsibilities during the proceedings?
  8. Are there physical barriers that require adaptive assistance or support?
  9. Will diagrams or pictures be helpful in explaining the proceedings?
  10. Will the client be able to use sunglasses or glasses to reduce light sensitivity?
  11. Can I access any of these resources to provide support to my client?

Creating Accessible Meetings

People often think of the physical needs of people when planning for accessibility but very rarely are other accommodations taken into consideration.  We recognize that when meeting with a new client, it is hard to assess what accommodations they may need, especially if their disability is an invisible one.  Here are some tips on creating an accessible office space which can decrease anxiety and increase participation in the meetings.

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  • If you have an opportunity beforehand, ask your client if they have any accessibility needs to prepare for the meeting, these include physical, mental or emotional triggers or sensitivities.  Sensitivity to smells is becoming increasingly prevalent, and as such having a scent-free space is recommended.
  • Be aware that fluorescent lighting can be very harsh on the eyes and can trigger headaches for people who live with the effects of brain injury.  Allow the individual to wear sunglasses or a hat if they have light sensitivity, or offer to turn off the fluorescent lights if this is an issue.
  • If curtains or blinds are open, ask the individual if they prefer them to be closed.
  • Consider the set-up of the room, being behind a desk can be seen as intimidating and imposing, is there a way to arrange the space to be next to the individual?
  • Also consider that they may be coming with accessibility devices, such as a wheelchair or cane, and may require additional space.  Do not attempt to push someone’s wheelchair without their explicit permission.
  • Have sensory items available to decrease anxiety and tension
  • Investigate adding smart technology where possible such as motion lighting and automatic access for doors,  faucets, toilets, soap and paper dispensers.
  • Limit distractions by silencing your phone, turning off any background music and asking co-workers not to interrupt the meeting
  • Limit the number of people in the space to avoid overstimulation which can lead to reduced focus and concentration.
  • Ensure there is proximal access to supplies and areas specific to their need
  • If you are storing their belongings, ensure they are able to quickly access them
  • For individuals with PTSD, loud sounds can be especially triggering.  If you work in an area which is prone to EMS sirens, let the client know beforehand.
  • Ensure that there is a clear view of your face and mouth throughout the meeting.
  • Encourage breaks throughout the meeting time, invite the individual to stand up and move around if needed.
  • Ask the client what time of day works best to address fatigue. For some individuals morning may be their ideal time as increased fatigue sets in during the afternoon.  However, some fare better in the afternoon if they have difficulty waking up in the morning.
  • Offer water to encourage hydration
  • Offer candy or mints to reduce anxiety or agitation.
  • Have snacks available
  • See the link on cognitive communication strategies
  • If possible, provide a simple summary ahead of time to the client of what to expect at the meeting
  • Keep the meeting brief and focus on pertinent information only.
  • Ask the client throughout the meeting if they understand and can repeat back the information to ensure they understand.
  • Provide a written or recorded log of information for the client to take with them.
  • Highlight keywords with a highlighter so that the client can understand the information given more clearly
  • Try printing information on coloured pastel paper
  • Make font big and clear on documents
  •  Ask if there is anyone else in their circle of care who should have this information.
  • Assist in setting up a reminder/calendar prompt for the next scheduled meeting or court date.
  • Assist in setting up a reminder/prompt of what is required before or at the next meeting
  • Ask if they have access to an electronic method of storing information (Google Drive, email, etc.) and offer to help them upload this information onto their device.

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  1. Ensure your client has access to technology and platform ahead of time
  2. Help your client to create a plan to ask for support or assistance to access location, technology or an internet connection for the meeting. 
  3. Ensure your client has time, date, and a reminder set up ahead of scheduled meeting.
  4. Provide client with agenda ahead of time and list of information they may be required to have for meeting.
  5. Ask support person to attend if possible and provide reminders and cueing to client
  6. Remind your client to be in a quiet location, use headphones to block out distractions
  7. Test platform with your client ahead of time to ensure they can use/access the platform
  8. Use a simple and easy to access platform. If possible, ask the client their preference, maybe more comfortable using a simple technology such as facetime or Whatsapp if applicable. 
  9. Provide recording of meeting to client if allowed/possible for the client to review.
  10. Speak clearly and slowly as this may be difficult to follow for an individual with a cognitive impairment. 
  11. Ask the client what time of day is best for their attention and focus Morning or afternoon
  12. Keep the information simple and concise and limit the number of participants to avoid overwhelming the client. 
  13. Ask the client if they need a break. 
  14. Keep meeting brief as virtual meetings can be cognitively fatiguing 
  15. Remind client of steps, keeping muted to reduce background noise and distractions
  16. Repeat information as necessary and ask client if they understand, ask client to repeat back.
  17. Be patient, set up cues with client if the client is feeling overwhelmed or confused. Eg. Raise hand to alert . 
  18. Send client a summary of meeting notes via email, google drive or mail for their review and to track in their court binder/google drive.

Communication and Brain Injury: A Hidden Disability

Communication Challenges and How to Address Them

Individuals with brain injury often have challenges with written and spoken communication. There is a common misperception that the communication challenges will be obvious, such as the person having slurred speech or an inability to speak (Yuhasz 2013), but this is rarely the case. Most often, the communication challenges associated with brain injury are subtle to the listener but profoundly disabling to the person with brain injury.

Individuals with brain injury are often compromised in their ability to actively participate in, and advocate for themselves in the context of the criminal justice system. Frequently, this is due to their cognitive, written, spoken and social communication impairments.  In some cases, these impairments may underlie the reasons for, or be contributing risk factors, to justice involvement.

The communication challenges associated with brain injury are referred to as cognitive-communication disorders, because they are symptoms of underlying impairments in cognitive functions.

Cognitive-communication disorders are difficulties in:

  • Listening
  • Processing information
  • Understanding
  • Speaking and verbal expression (finding the right words and organizing sentences)
  • Reading and writing
  • Thinking

Underlying cognitive impairments that cause cognitive-communication disorders include impairments in:

  • Attention: the ability to focus or maintain attention over time and, block out distractions such as noise, internal thoughts, pain etc.
  • Memory: the ability to remember previous conversations, hold the current topic or goal of conversation in mind, difficulty remembering ideas, facts, details, appointments, etc.
  • Information Processing: slow processing, reduced ability to process complex information and, reduced ability to process large amounts of information. Information processing is negatively affected by fatigue, which is common following brain injury.
  • Reasoning and Problem Solving: difficulty understanding abstract information, making inferences, solving problems, especially when reasoning is required. This includes how to approach or behave in different social situations (such as a formal court setting), being unable to select the important details from the unimportant details, and being able to think ‘outside the box’.
  • Executive Functions:  planning, strategic thinking and action, goal directed behaviour, being able to self-monitor and inhibit behaviour (i.e. impulse control).

Some types of cognitive- communication disorders include:

  1. Social Communication Disorders
    – Social communication disorders refer to difficulties with knowing the right thing to say, in the right (socially acceptable), way at the right time. It refers to the ability to adapt one’s conversational style, non-verbal communication and language according to the context and, relationship with the speaker. For example, being able to speak in a thoughtful, respectful manner with a judge or a police officer as compared to how one would speak to a friend where we can be less formal, make jokes and use different language. Many people with a brain injury also have difficulty understanding jokes, and with emotion recognition. They can’t always tell when another person is being truthful, is angry or teasing. As a result, they are at risk of being exploited and abused. (Byom et al., 2020, Wiseman-Hakes et al., 2019, 2020).
    Social communication disorders are also heavily influenced by cognitive-communication disorders and executive functions. For example, difficulties with reasoning and executive functions can result in a person saying the wrong thing at the wrong time and not being able to control explosive emotions and impulsive responses. Social communication disorders can also be exacerbated by the mental health challenges and history of trauma experienced by many people with brain injury who intersect with the criminal justice system.

    Among justice-involved persons with brain injury, cognitive-communication impairments are often exacerbated by; Language and Literacy Impairments; Many individuals who intersect with the criminal justice system come from socially disadvantaged families and communities (Clark et al., 2010), and are at risk for impoverished early language and emergent literacy experiences (Roy & Chiat, 2013; Spencer, Clegg, & Stackhouse, 2012). As a result, the cognitive-communication and social communication impairments associated with brain injury are superimposed on language and literacy impairments. (Snow et al., 2019, 2016, 2011; Davies et al., 2012).

    Specific challenges in justice-involved populations include having a limited vocabulary, difficulty understanding the meaning of complex words and complex sentences, and poor reading and writing abilities. This puts the person at a distinct disadvantage in navigating the justice system and acting in their own interests, and further limits later employment and community integration.

  2. Hearing and Auditory Processing Impairments
    – Many people with brain injury have auditory processing deficits (Atcherson et al., 2016, Vander Werf 2017), which are deficits in the brain’s ability to make sense of the rapid incoming auditory signals of speech (ASHA, SAC). People with brain injury also may be unable to block out sounds in the environment because of problems focusing auditory attention. Brain injury also can cause a hearing loss (a reduced ability to detect sounds), especially if they have a history of being hit repeatedly in the head and face. Hearing may sometimes be better in one ear than in the other. Complicating the effects of hearing loss is tinnitus, or ringing in the ears, which can be distracting in listening situations and also can negatively affect mental health. These hearing and auditory processing disorders are often undiagnosed.
  3. Communication, Anger and Aggression
    –

    Some people with brain injury have significant challenges with anger management. They go from “0 – 100” with little warning and have difficulty controlling these extreme emotions. In addition to heightened emotion and lack of impulse control, this can also be a reflection of lack of emotional vocabulary and lack of the communication skills needed to express themselves in more appropriate ways. It is not uncommon for anger and aggression to be interpreted as anti-social behaviour. However, unidentified communication challenges are often a contributing factor. Research has shown that once other people are informed about the communication difficulties their perception of the ‘issues’ changed, to an understanding of unidentified and overlooked needs rather than previously understood ‘anti-social’ behaviours (Winstanley et al., 2018).

    Limitations in language superimposed on brain injury-related cognitive-communication impairments are also exacerbated by the mental health challenges often experienced by those with brain injury. (Wiseman-Hakes et al., 2020).  Not surprisingly, more than one in five people who access mental health and/or addictions services (MHA) have a history of brain injury. (Hwang et al., 2008)

  4. Stress and Self Confidence
    – Most individuals with brain injury are aware of their challenges in a general sense, even if they do not recognize their specific limitations. They recognize that when they are under stress, their ability to communicate is even more challenged (as is true for everyone). People with brain injury also, however, feel the stigma of labels (Ponsford et al.,2014) and worry that others will perceive them as ‘stupid’. The distinction between specific cognitive and communication challenges and overall intelligence is very important to acknowledge, because having a brain injury does not necessarily mean a person is less intelligent. A brain injury can cause a person to be slower at listening, understanding, thinking and responding; however, with support, rehabilitation, education, environmental modifications, and communication partner training, people with brain injury can live successful and meaningful lives and contribute to their communities and society.

These communication problems can have major negative consequences for individuals with brain injury at all stages of the criminal justice procedures and beyond (e.g., in recidivism rates).. ‘Every stage of criminal justice involvement involves complex social interactions that typically require high-level and fast-paced processing of information, understanding, and responding – from interactions with police, front-line workers, and probation and parole officers; to formal proceedings such as hearings and trials; to participation in extrajudicial programs. (Wszalek & Turkstra, 2015)

Communication problems associated with brain injury are barriers to participation in the criminal justice system. For example, adults with moderate-severe brain injury are significantly less accurate and slower in their understanding of written legal language when compared to adults without brain injury. (Wszalek & Turkstra 2019)

Communication problems such as;

  • Slowed thinking
  • Difficulty concentrating and following what is being said, especially when there are multiple speakers
  • Difficulty understanding complex and abstract language
  • Difficulty responding in conversation

Superimposed upon language and literacy challenges, including:

  • Understanding written language
  • Limited vocabulary
  • Difficulty talking about an event
  • Poor memory of spoken language

Can be barriers to understanding legal terms such as:

  • Pre-trial detention
  • Judicial interim release
  • Substantial likelihood
  • Custodial sentence
  • Extrajudicial measures
  • Proceedings
  • Entitled
  • Plea bargain
  • Remorse
  • Understanding the conditions of bail

Moreover, social communication challenges such as these:

  • Difficulty reading emotions from others’ facial expressions, voices, and body language
  • Difficulty “reading the minds” of others to understand others’ intentions and actions
  • Difficulty adjusting language and behaviour to the context (people, places, events)
  • Knowing the right thing to do, but not recognizing when to do it or stop doing the wrong thing
  • Poor impulse control, for language and behaviour

Are often misinterpreted as:

  • Non compliance
  • Rudeness/lack of respect
  • Defiance
  • Poor motivation
  • Disengagement
  • Intentional inattention
  • “Bad attitude”
  • Carelessness
  • Apparent insensitivity or lack of consideration for others
  • Negative behaviours, from passivity to aggression

(Snow & Powell 2012)

Strategies for Communication and Literacy

What can legal professionals do to support individuals with brain injury?

First and foremost, it every person’s legal right to have support for any communication disability under:

The following strategies can be employed to support and facilitate communication:

  • Where possible, use shorter sentences and speak a bit more slowly than you might normally (but not in a way that is patronizing to the individual). This is a ‘fine balance’; think about what it’s like learning another language and how it helps when the communication partner speaks slowly and in shorter sentences.
  • Do not ask the person ‘Do you understand’? Most often, the person will say yes, or nod in assent, but this does NOT mean they did understand.  Instead, ask the person to tell you what they understand.
  • Wherever possible, work with clients in a quiet room with limited distractions. If they are bothered by bright lights, turn the lights down.
  • Recognize that the person may be working very hard to listen, follow and understand, but may just lose their attention or focus. They may also be fatigued. If so, see if they need a break (where possible; recognizing this is not often an option in the context of the legal system).
  • Ask if they have any hearing challenges and if so, if one ear is better than the other? If the individual reports any concerns about their hearing, ringing in the ears (tinnitus) or listening (the ability to quickly make sense of the rapid incoming auditory signals of speech), then a referral for hearing testing is indicated. (Note: a hearing test is covered by OHIP if it is ordered by a physician).
  • Pause in between topics (or complex sentences) and give the person time to process. Ask if there’s anything they’d like you to explain again.
  • Let clients know this is a safe space and they can ask for repetition or clarification any time.
  • Avoid legalese (where possible) and explain complicated words the person might not understand.
  • Provide a brief summary of the main points after each section of the conversation and ask your client to tell you what they understand.
  • Write some notes to give to the client if they think it would be helpful.
  • Set up realistic reminder strategies (see example below regarding bail conditions).
  • If you have any significant concerns about a person’s ability to understand and express themselves in court, consider bringing in a Communication Intermediary. (See below for further details).
  •  Ensure that formal paperwork, restrictions and stipulations are written clearly and concisely. (These documents are often lengthy and use complex language that likely will not be understood by the client. This makes them vulnerable to breaching their conditions, thus precipitating the cycle).
  • Have a discussion with your client to make sure they fully understand conditions of bail etc. As above, don’t ask them if they understand; ask them to tell you what they understand. Correct any misinterpretations and support them to create a strategy or plan as to how they will meet their conditions. For example, if a client has memory problems, how can you help them plan to remember their bail hearings? Consider helping to put it in their calendar on their phone or device, and plan how they will get to the hearing.
  • Consider advocating for the client to have appropriate rehabilitation for any spoken and written communication challenges and or social communication challenges as part of their conditions of probation, parole, or, as an alternative to sentencing.
Support Strategies for Literacy Challenges
  • Focus on “need-to-know” and “need- to do”.  Provide specific and simple instructions and tasks and review out loud
  • Ask the client to repeat back information discussed in their own words to ensure they understand
  • Ask clients to summarize information they have read, in their own words to demonstrate they understand written documentation
  • Use diagrams, draw pictures
  • Use clearly written and simple directions and review written directions with your client to ensure they understand
  • Repeat and summarize information frequently
  • Use concrete examples and not abstract or general statements
  • Create photograph lists of important documents for visual cues
  • Allow clients to voice record prompts or conversations as needed
  • Help set up reminders or calendars on phone with voice prompts

Communication Intermediaries

A Communication Intermediary supports victims, witnesses and accused people who have speech, language and communication disabilities, to understand information questions and to communicate their messages as accurately, authentically and completely as possible when communicating with police, legal or justice professionals.

In Canada, the term Communication Intermediary is a qualified Speech-Language Pathologist who has additional training from Communication Disabilities Access Canada (CDAC) to support people communicating in justice situations.

Communication Intermediaries work in a similar way to sign language interpreters however, they use different techniques to support people who have communication disabilities due to cerebral palsy, autism spectrum disorder, cognitive disabilities, fetal alcohol syndrome, acquired and traumatic brain injury, learning disability, stroke, dementia, ALS, Parkinson’s Disease and other disabilities that can affect communication.

Similar to other accessibility services, such as sign language interpreting, communication intermediary support is an essential accessibility service that falls under the duty to accommodate legislation in Human Rights Codes, provincial and federal accessibility acts and the United Nations Convention on the Rights of Persons with Disabilities.  As an accessibility accommodation, communication intermediary services are sourced and paid for by police, legal or justice services to ensure that victims, witnesses and accused can effectively communicate when using their services.

A Communication Intermediary conducts a communication assessment to determine what the person needs to understand questions and to communicate his or her responses; writes a report on the person’s communication abilities and documents any required communication aids and supports; explains the person’s communication needs to police, legal and justice professionals and provides direct communication support within all stages of the justice process.

To find a communication intermediary, go to CDAC national database or contact The Ministry of the Attorney General’s Diversity, Inclusion and Accessibility Office.

For more information on communication intermediaries, please visit the CDAC Resource Page here.

For information on CDAC and issues relating to communication access, legal capacity and social justice for people with disabilities that can affect communication visit the CDAC website.

De-escalation Strategies

People with cognitive disabilities may become angry or hostile when they are under stress. It is important to remember individuals may have little or no control over their behaviour due to the nature of their disability. Using these de-escalation strategies will help you respond to these situations in the safest, most effective way possible.

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When a client says or does something you may perceive as bizarre or unreasonable, try to be empathetic.  

Keep in mind that whatever the person is going through, it is likely the most important thing in their life at the moment.

Stand three feet away from a person whose behaviour is escalating. Personal space will decrease a person’s anxiety and will remind them you are not there to impose authority.

If you must enter someone’s personal space for any reason, explain your actions so the person feels less confused and frightened.

The more a person becomes agitated, the less they are able to listen. Be mindful of your gestures, facial expressions, movements, and tone of voice. 

Keeping your tone and body language neutral will go a long way toward defusing a situation.

Your client’s feelings can be as important as the facts in the case. 

Watch and listen carefully for the person’s real message. Supportive statements such as, ‘This must be very scary,’ will let the person know that you are empathetic to their situation.

Remain calm, rational, and professional. While you can’t control a person’s behaviour, how you respond to their behaviour can have a direct impact on whether the situation escalates or defuses. 

Positive thoughts such as, ‘I can handle this,’ and ‘I know what to do,’ will help you maintain your own rationality and calm the client down.

Answering challenging questions often results in a power struggle. When a person challenges your knowledge or competence, redirect their attention to the issue at hand. Ignore the challenge, but not the person. 

Bring their focus back to how you can work together to solve the problem.

If a person’s behavior is aggressive, defensive, or disruptive, give them simple limits such as “That’s not allowed in a courtroom,” or “You may not get bail if you say that,” 

A person who is upset may not be able to focus on everything you say. Speak in clear language and offer the positive choice when possible.

We’ve all experienced awkward silences. While it may seem counterintuitive to let these moments occur, they can give a person with brain injury a chance to process and reflect on information they’ve received, what’s happening, and how they can proceed. 

Silence can be a powerful communication tool.

When a person with a brain injury is upset, they may not be able to think clearly. Give them a few moments to think through what you’ve said.

People with brain injury often need a longer time to process information.  Allow extra time for your client to understand the situation and calm down.

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