Why Gender-Inclusive and Trauma-Informed Writing Matters

By Alison Wilkson, BCLI Staff Lawyer

Language plays a critical role in the practice of law, shaping not only how legal concepts are understood but also how clients experience the legal system itself. There is a recognition that legal language is not neutral. The words used in legal writing can either reinforce barriers or help make the law more accessible, respectful, and responsive to those it affects.

In response to these needs, the British Columbia Law Institute has developed two resources: the Gender Diversity in Legal Writing Guide and the Guide to Trauma-Informed Legal Writing. Together, these guides are intended as foundational resources for anyone working in or around the justice system¹.

Rather than providing a summary of each guide, this article instead explores the reason behind these initiatives and why all lawyers, regardless of practice area or year of call, should consider reading them and incorporating both gender-diverse and trauma-informed approaches into their practice.

The evolution of inclusive legal language

Like the law, language and styles of writing evolve over time to meet the needs of new generations. Canadian lawyers no longer write law, or write about the law, as if it only applies to men of European descent who own real property. Legal writing has become more inclusive, initially by making legal language more inclusive of women. Lawyers have attempted to address historical imbalances by adding female examples, removing gendered pronouns, or using “he/she” formulations.

Language and the law continue to evolve toward more inclusive forms of expression. Inclusive language respects diversity and seeks to avoid discriminatory terminology. It recognizes ability, Indigeneity, race, ethnicity, gender, gender identity, gender expression, sexual orientation, age, and other attributes that have been used to marginalize individuals and communities.

Inclusive language does not prevent writers from describing differences where relevant. Rather, it asks that writers avoid unnecessary distinctions and exclusionary language where differences are not material to what is being communicated. Gender inclusivity is one aspect of this broader approach.

Society now recognizes that gender identity and expression extend beyond a binary understanding of “he/she.” Just as women must be included in legal writing, so too must people who identify as transgender, non-binary, agender, two-spirit, or genderqueer. Everyone is “equal before and under the law” and should be able to see themselves reflected in it. More broadly, society has shifted toward gender-neutral language, including the use of singular “they,” now widely accepted in modern usage.

Across the legal profession, gender inclusivity is increasingly recognized as a matter of both justice and professionalism. Courts require counsel to identify pronouns, tribunals are adopting inclusive policies, and law schools are embedding inclusive language into legal education. Governments and professional organizations have also developed guidance to support inclusive communication.

Trauma-informed approaches to legal writing

Alongside inclusive language, trauma-informed legal writing represents another important evolution in legal communication. It is based on the understanding that trauma-informed legal writing is more effective than traditional approaches and sensitive to the needs and experiences of those affected by trauma.

Trauma is not rare. It is defined as an experience involving events or circumstances that are physically or emotionally harmful or life-threatening and that have lasting effects on a person’s well-being. A 2024 Statistics Canada survey found that almost two-thirds of Canadians reported experiencing at least one traumatic event. Lawyers therefore regularly interact with clients, witnesses, and colleagues who have experienced trauma.

Trauma is also not only individual, but collective and systemic. It can be experienced by communities and perpetuated by systems, including the justice system itself. This includes recognizing the continuing impacts of colonial laws and legal systems on Indigenous individuals and communities, as well as other marginalized communities.

A trauma-informed approach does not require lawyers to be mental health professionals. Rather, it requires awareness of trauma’s prevalence and an effort to reduce the risk of re-traumatization through legal processes and communication. The legal profession is increasingly recognizing this need. Advocates and practitioners have helped advance trauma-informed approaches, and there is growing awareness of the importance of ensuring that legal systems do not unintentionally cause harm. Still, there remains a need for broader adoption of trauma-informed practices across legal writing and practice.

For those interested in learning more about gender-diverse and trauma-informed approaches, the Gender Diversity in Legal Writing Guide and the Guide to Trauma-Informed Legal Writing, available on the BCLI website, offer a helpful starting point.

1. These resources have been cited by a range of legal institutions. For example, the New York Appellate Division Second Department has referenced the Gender Diversity in Legal Writing Guide as a resource, while the BC Council of Administrative Tribunals has referenced the Guide to Trauma-Informed Legal Writing.