austinbar.org APRIL 2022 | VOLUME 31, NUMBER 3
Representing Transgender Clients Pointers for Working with Transgender and Nonbinary Clients in the Criminal Justice System BY ELIZABETH DUGGAN AND RICK COFER
T
ransgender clients come from all walks of life.1 And attorneys have a duty to focus on the needs of clients. But what does client-centered mean in practice when an attorney may not have much experience— in practice or in life—with transitioning or transgender and nonbinary people? Gender identity is different and distinct from biological sex. Gender identity exists on a spectrum and is not limited to being a man or a woman. The transgender community includes a broad range of people whose gender identity is not aligned with their birth-assigned sex.2 Recent personal experience representing a 17-year-old transitioning individual was a learning opportunity for us. Representing him was a lesson in the value of humility and importance of listening to a client. Our client was charged with an offense that he felt was driven by discrimination against his transgender identity. From the beginning of our engagement, we were direct and up front with our client about our goals in working with him
and what we didn’t know. We asked our client to educate us about his identity. Simply asking his pronoun preference paved the way for his willingness to share his story. With our client’s consent, we contacted the court to inform them of our client’s preferred name. Although court staff didn’t promise to honor the client’s preferences, they appreciated the heads-up. The next thing we knew, the prosecutor was reaching out using the client’s preferred name. While this may seem like a small step taking little time, the benefits for our client were significant: He felt he’d won a small piece of his personal dignity back. At one point, our client’s mother shared with us an insight that was an important reminder of what it means to empathize with any client who has faced discrimination we, as the attorneys, might not have personally experienced. Our client’s mother asked us to imagine what it feels like to have our feelings hurt, and then imagine experiencing that feeling every second of our life. That is what her child—our
We asked our client to educate us about his identity. Simply asking his pronoun preference paved the way for his willingness to share his story. client—feels. We have developed the following practice pointers for attorneys working with transitioning, transgender, and nonbinary clients: Know when to acknowledge what you do not know. For some attorneys, the transgender and nonbinary world is an unfamiliar place. This can lead to new conversations, expectations, and realities that initially may feel uncomfortable. Having the humility to admit you do
not know all the answers—and asking questions to learn more about your client—will make you a better attorney in general! Do not assume. If you do not know someone’s gender identity or preferred pronouns, then just simply ask and listen. Listen to learn and not to respond. Listen to how the client refers to themselves. Do not share a transgender or nonbinary individual’s transition continued on page 22
