Working with bereaved families during the inquest or claims process

It is a privilege to work alongside bereaved families in the inquest or claim process, as they seek to find answers about how their loved one died.  Working with clients in the aftermath of a death, particularly when the circumstances of the death are unknown, distressing or seemingly shrouded in secrecy, comes with its own unique challenges. These are a few suggestions, based on our experience, for how lawyers can best support clients who are grieving.

1. Thoughtful Communication

No two clients are the same and bereavement affects everyone differently. Some clients will want to talk openly about the person who died, whilst others may struggle to do so. We always try to tailor our approach to the specific client.

Amongst other things, grief can cause depression, affect sleep and impair concentration. Take extra care that all communications are clear and concise. It may be that the client has a strong preference for receiving information in writing or verbally depending on their ability to understand and process it. Ask them what works best for them.

Diarise key dates such as the deceased’s birthday or the anniversary of the death, and bear in mind dates like Mother’s Day and Christmas, which can be especially difficult times. 

2. Managing the Case Timetable

A careful balance has to be struck when considering the speed of progressing the case. Some clients would prefer that the process is advanced as quickly as possible. Others may not feel ready to read documents about the death for some time. Despite our best efforts, the steps required of legal processes can contribute to grief or trauma for the family of the deceased and this should be borne in mind. Care must be taken to balance a desire to advance the case promptly whilst ensuring there is a full and thorough investigation.

There are often external forces at play, such as a coroner’s inquest, other internal or external investigations or limitation dates which may dictate when certain steps need to be taken by the family. Understanding their preferences and managing expectations of timescales as best you can is key to supporting them optimally through these processes.

3. Make Use of Available Resources

There is a wealth of useful bereavement information available online and we recommend seeking these out, whether for your own understanding or for sharing with clients who may benefit from them.

Some organisations have content designed for bereavements following deaths of particular kinds of people (such as where it is a child or a spouse who died), or tailored to the circumstances of death (such as stillbirth or suicide). These resources are invaluable in supporting the bereaved and their details should be passed on to anyone who may benefit from them. 

An example is the charity, INQUEST, who provide a caseworker service and support families involved in an inquest where someone has died after state involvement, such as in prison or whilst detained under a Mental Health Act section. We work hand in hand with charities like INQUEST to provide ‘wraparound’ support for clients wherever possible.

4. Seek Guidance from Professionals

It is common for lawyers to work in this area without any formal training on how best to support bereaved clients. Whilst you can learn a great deal through more experienced colleagues, we recommend seeking out training from a professional wherever possible. Some providers host their own courses (for example SANDS, Cruse, Winston’s Wish) but you may prefer to arrange in-house training through a local hospice, charity or grief counselling group, who are usually very pleased to provide tailored guidance for your role. 

5. Look After Yourself

In an industry where serious injuries and death are sadly a common occurrence, it is important to be alive to the impact that working with vulnerable or traumatised clients can have on you. Lawyers in areas such as this are at greater risk of experiencing vicarious trauma or burnout.

Regularly hearing traumatic accounts and experiences, or dealing with distressing information, can really take its toll, especially when combined with the fact you may feel a personal responsibility to secure a certain outcome for the family through the legal process. 

It can help to take time to acknowledge the impact this may have on you and speak with a friend or colleague to share experiences. Sometimes just talking about it can help alleviate the pressure. There are organisations who offer specialist advice if you need it, such as LawCare or Claiming Space. 

6. Look After Each Other

As lawyers who are used to helping others, we are often not the best at alerting others when we are struggling. As such, it is important we take responsibility for checking in with our colleagues to see how they are getting on. 

We should also bear in mind each other’s personal circumstances and experiences and be particularly mindful when work brings up issues which are pertinent for someone, for example if they have suffered a bereavement themselves or a similar traumatic event.