Court can be life-changing

Post Traumatic Stress Disorder is all around us. In addition to those who suffer due to a specific trauma like a sudden death of a loved one, we know veterans can suffer from PTSD due to not one traumatic incident but the cumulative effects of combat. But did you know you can suffer a similar form of PTSD from litigation?

Dr. Karin Huffer is working hard to let you know about it. She has written several books on the subject and also lectured internationally on what she calls “Legal Abuse Syndrome.” Not only does she write and lecture on PTSD caused by litigation, she also trains specialists who can advocate for those who suffer from these “invisible disabilities” through the Americans with Disabilities Act (As Amended). Full disclosure: I study with Dr. Huffer.

Many libertarians dislike the ADAAA because it is sometimes abused to generate frivolous lawsuits against small businesses over minor violations of petty regulations. But part of the ADAAA is directed against government agencies that do not properly provide accommodations for the disabled. It is a classical liberal idea that most of what legislators do should be government oversight, instead of constantly meddling in our personal and business lives.

Huffer started her practice in Las Vegas as a family therapist for over 30 years. Since 1988, she has developed her idea of trained advocates in court to help those suffering from Legal Abuse Syndrome, a form of PTSD. A diagnosis of PTSD directs the court, through the Americans With Disabilities Act, to offer accommodations to the litigant. But why are accommodations needed in the first place? For one, you have an inviolate right to justice in the courts.

Huffer does not analyze the psychological effects of litigation from a conservative or liberal view. Instead she analyzes PTSD from a power-centered/conscience-centered framework. She contends that the judicial system can be dominated by power-centered litigants, attorneys and even judges.

PTSD is not a mental illness, but it is a psychic wounding that can severely impact core life functions. Sleep deprivation, anxiety, ability to function in order to meet legal deadlines, and phobias are common symptoms. PTSD in veterans has a distinct moral dimension: Many veterans have experienced the horrors of war as a violation of their moral compass. Litigation, Huffer argues, can have a similar effect as the power-centered can manipulate the legal system and cause conscience-centered individuals trauma as their moral outlook on life is shattered.

Due to the high costs of litigation, many are forced to represent themselves. Pro se status can tilt the power of abuse to those attorneys and litigants who are often much more well versed in procedures and rules. The ADAAA can help pro se litigants.

Would retaining an ADAAA Advocate invite the opposition to smear your mental health? The ADAAA forbids retaliation against the affected litigant or those who advocate for them. The advocate will work with the abused litigant to help him through the false guilt that often affects those with PTSD and to reframe his life to function better.

Advocates help litigants to recognize their symptoms, to stop blaming themselves, to combat the obsessive compulsive hyper-vigilance (OCH) that allows the litigation to completely take over their lives. If the presence of the power-centered litigant in court causes symptoms, the use of video appearance can be an accommodation. Sometimes the advocate will be in court seated with the abused litigant to advise the judge that a small break is required.