Becoming a Restorative Lawyer
This is a guest blog by Brenda Waugh, author of the book ‘Becoming a Restorative Lawyer’.
On an October morning more than a decade ago, I walked into the courthouse with the victim’s uncle. She had been sexually abused by her great-grandfather, and I was prosecuting the offender. I was feeling excited; the case was going well. I felt confident I’d get a conviction. The uncle said to me, “This is worse than going to a funeral.” Suddenly, everything changed. I saw not only the trauma that brought this family into the courtroom, but the trauma that they were experiencing as I put on the evidence. I thought to myself that there had to be a better way.
And I found one…Restorative Justice.
Restorative Justice is often associated with talking circles and with victim-offender dialogue. However, Restorative Justice is not a specific process or procedure. Rather, it is a set of values and principles, articulated by Howard Zehr in Changing Lenses, that can be applied to any process to increase the potential for restoration.
After attending graduate school in 2009, I anticipated going somewhere to manage an RJ program, but after a little soul-searching, I realized I could continue in the private practice of law I’d been engaged in for a decade, trying to make it more restorative. I used my practice to try new skills and techniques that would not only provide resolution to legal disputes but also provide opportunities for healing. You see: the conventional practice of law often leads to dissatisfaction not only for the lawyer but also for the client. Traditional methods focus heavily on statutes, rights, and punishments, creating a cycle of frustration and disengagement. In contrast, a restorative justice-based practice of law embraces recognition of harm, repair, and relationships, offering a hopeful pathway to fulfillment and connection for everyone involved.
Restorative approaches to wrongdoing are not limited to the courtroom. In the book, I recall several clients that I worked with after they experienced criminal wrongdoing – ranging from a mother who had a son murdered, to a young woman who was run over by a truck. Neither of these clients had the opportunity to have any formal governmental response to the wrongdoing.
In the case involving the young man who was murdered, the police abandoned the investigation once they concluded the young man was involved in a drug deal. The young woman’s husband had friends in law enforcement, and the investigation was so poor that the case was not sufficiently developed to pursue a prosecution.
As a restorative lawyer, I met with the clients and walked with them, finding opportunities for healing. In my state, I was able to file a crime victim’s compensation application, and that began our relationship. With the woman injured by the truck, Cathleen, I was able to persuade the fund to recognize her as an innocent victim of a crime and pay for her uncovered medical bills. With the mother who lost her son, Mary, I was not successful in convincing the police or the prosecutor to pursue charges and failed to have the fund pay the funeral expenses. I felt like a failure, grappling with self-doubt and questioning my ability to provide her with the justice she deserved. I decided my efforts were in vain, but I was wrong.
After Mary’s case was over, I sent her the letter closing her file. Mary wrote back. She described the lack of justice from the police, the crime fund, and the district attorney, saying, “I feel that your time has been wasted. But remember, you pulled me through my grieving time. You were there for us.” My perceived failures with the fund did not define the outcome of our work together. Working with Mary in her grief created healing – even if only removing the cloak of invisibility that the institutions had draped over Mary. In my restorative approach to Mary’s case, I applied the law to the facts and worked to secure compensation. However, I did not stop there. I showed her respect as a mother, a client, and a person suffering from extreme loss. I accepted the responsibility to do what I could to work with her within the limits of my abilities. I created a relationship that changed both of our lives.
During my representation of Cathleen, the woman who was run over by the truck, we sought explanations for why the offender was not prosecuted. We met with the prosecutor, who showed us the evidence and the significant gaps in the investigation, explaining why prosecution wasn’t possible. I remember the prosecutor candidly admitting, “We just don’t have the solid evidence needed to move forward with charges.” However, we prevailed in our convincing both the crime fund and an insurance claim to pay her bills and lost wages. As the time approached to close her case, I invited her into the office. Everything about her had changed. She described that she no longer felt helpless and that I had the opportunity to play a role in that. She expressed, “Your listening gave me hope. I realized through the resources and your support that I could recover and that I still have something to contribute to the world.”
Cathleen never got the full resolution she initially sought. However, she may have found something more. Her experience showed me that the healing journey is less about the destination and more about the process we undertake.
I share these two examples from my book to demonstrate how we can incorporate restorative values and principles into any case, enhancing the capacity to heal. These two stories, gained from my experiences of victims being left out of the formal systems of justice, illustrate a compelling pathway to achieve some part of a subjective justice that envelopes healing and growth. Finding the opportunities for repair by grounding my legal practice in restorative justice provided a different and satisfying way to practice law. My work now is to share these stories that other lawyers can experience growth. I also want to share the stories with victims who feel alone and lost in their search for peace and justice, so they can seek out lawyers who not only understand how to work within our system but also embrace the potential for deeper healing and understanding offered by restorative justice.
The book is available at goodmediapress.com and online bookstores.
