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Karin Huffer, a licensed marriage and family
therapist, thinks a sign should be hung outside courtrooms that
says: "Warning: Protracted litigation can be hazardous
to your health."
But
hazardous may be too mild a term.
The Las
Vegas woman has written a book, "Legal Abuse Syndrome." Huffer
likens LAS to post-traumatic stress disorder, which is normally
associated with soldiers returning from war.
The
syndrome is not caused by the original trauma of crime, divorce, or
other problems that land people in court. It occurs when
people are beaten up in a system that Huffer says holds them
hostage.
It's
stress triggered by such legal abuses as mean-spirited questioning,
misinformation that confuses the truth, character assassination and
"everyone losing but the attorneys, "Huffer
says.
Victims
often are shell-shocked after a lengthy court battle. Some who
are victims of unfair rulings fantasize about vigilante vengeance
because they believe it's their only recourse to justice. They
feel like they have been punished instead of the
perpetrator.
"Legal
abuse syndrome is a natural and normal response to an abnormal,
unnatural, cumulative trauma," Huffer writes. "Any attempt by
any person to discredit an individual's testimony, character or
actions due to their suffering from Legal Abuse Syndrome is to
clearly demonstrate the aberrant nature of our system of
problem-solving."
While such
abuse can be found in all courts - civil, criminal and family - it's
especially pervasive in family courts, where people often end up
emotionally and financially devastated.
"It's easy
to ignite the negative fires instead of finding resolutions," Huffer
says.
Normal,
law-abiding citizens go to court and expect the right thing to be
done, but are stunned when they are denied due
process.
Court
becomes a sport, and a person's life is on the line, she
says.
Huffer
says the outcome of cases often depends on the individual and how he
or she comes across - not necessarily the facts of the
case.
"When you
go to court, it's an Olympic event and you don't go in without
training," she says.
So Huffer
becomes a trainer, helping litigants learn to testify more
effectively and how to keep focused on the issues. Mental
toughness is the key.
Huffer,
who has a degree in psychology, has a private practice but also
works with the Clark County School District, dealing with
middle-school students who have been kicked out of
school.
Ten years
ago, she watched her husband undergo problems in court, and began
wondering how widespread the problems were. She devised a
questionnaire, which was distributed to people across the country
who had problems with the legal system. She promoted the
questionnaire on talk shows, and used the responses as research for
her book.
One
respondent had been dealing with the legal system for an incredible
18 years - for the entire rearing of her children. Divorced
from a gaming executive, she was awarded support but couldn't
collect a dime because he tied it up in the system. He thought
she wouldn't - or couldn't - fight back. She persevered, but
tumbled from a comfortable financial position to being
broke.
In these
cases, the person's spirit is broken. They often become
obsessed with their cases and circumstances. The key to
healing is dealing with that obsession - facing the problem,
managing it, knowing how to assess blame and how to shed the
shame of being a victim.
Huffer
outlines eight steps in the healing process: debriefing,
grieving, obsession, blaming, deshaming, reframing, empowerment and
recovery.
Although
Huffer's research turned up many "nightmarish cases," she says she's
only scratched the surface.
People are
frustrated when they continually present proof of their case in
court, but are ignored. Sometimes the judges are in the worst
position to know the truth, she says.
In
contentious divorce and custody cases, how do you know for certain
who's telling the truth? How do you differentiate between the
true victim and the one out for revenge?
Huffer
says real victims want to give something back, such as offering to
help reform the system. Those playing the victims are only
interested in taking. They "don't need $6 billion because they
got coffee spilled on them at McDonald's."
Huffer
believes attorneys are partly to blame for people's lack of trust in
the legal system and its adversarial environment. They charge
exorbitant fees and clients often wonder what they're getting for
their money.
Although
behavioral scientists and attorneys generally have an adversarial
relationship, Huffer says more and more law firms are hiring
therapists to weed out problems before they're exacerbated by
protracted litigation.
Huffer
hopes her research will lead to legislation to prevent "legal
abuse." She is working with Mary Jo Buttafuoco, the shooting
victim in the now-infamous Amy Fisher case, and Sherry Spillane, who
was involved in a nasty divorce battle with writer Micky
Spillane. One of their goals is more stringent policing of
lawyers' tactics in the courtroom.
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