Finally, a possible problem in making: one of the topics this scandal has raised and which deserves much more discussion in the child maltreatment field is the role of lawsuits and litigation. There is no doubt that plaintiffs’ attorneys played an heroic leadership role in bringing this issue to the fore and forcing the crucial disclosures that allowed the scope of the problem to be appreciated fully. Many of the victims might have never come forward without the support of these attomeys. The documents and the deceptions would never have been discovered. The prosecutors might never have been emboldened to bring charges. The plaintiffs’ attorneys are now a big part and big partners of the child maltreatment field. But their activities raise some questions.
Now that the child maltreatment field is more than 40 years old, much of the professional conduct in the field has been subjected to substantial scrutiny and debate in order to arrive at a sense of the best practices. But the process of litigation on behalf of survivors has not been subjected to the same kind of scrutiny that say, police investigators, child welfare investigators or mental health providers have received. For example, how are plaintiffs recruited? What kinds of informed consent procedures are undertaken with them? What are the traumatizing portions of the litigation process, and how are these stresses managed and mitigated?
As in other disciplines, most attorneys probably handle these challenges responsibly. But many people have a sense that there are more or less scrupulous plaintiffs attorneys. Moreover, many professionals have a sense that for some survivors, civil litigation ends up exacerbating their trauma rather than alleviating it.
The Catholic Church abuse scandal will certainly end up reinforcing the part that litigation plays in our societal response to child maltreatment. Seeing the courage, the impact on those responsible for the offenses and the cover-up, the publicity, the large amounts of money, all these will inspire attorneys and survivors and families in a variety of ways to do this more often.
Will this be a salutary development? It probably depends on how it unfolds. But it definitely signals the need for more scrutiny of the process and best practice standards for civil litigation. It signals the need for more study about the impact of this process on survivors, their families and their recovery process. And it signals the need for some assessment of the consequences of litigation and civil damage awards on insurance costs and hiring practices. If society gets better child protection, it will be a success. If, on the other hand, the lawsuits bankrupt youth serving organizations, or alienate those who work in youth sector, it will have been a hollow victory.
Public controversies are not sporting events. Responsible advocates cannot just root for their team and go home happy when they win. Although it may seem as though the events of the last year reinforced the cause of child protection, it is important for the child maltreatment field to remain critical and observant. The excesses and misconceptions of any such public exorcism may come back to haunt the field later on.