As is the case with many legal issues, clients seeking assistance with correcting their birth record are making themselves incredibly vulnerable. As attorneys we are obligated to meet them in that vulnerable place with compassion and respect. The process of correcting one’s birth record can be a first step in reclaiming one’s personal identity, one’s personhood. For others this process can be the final step in a long journey to build their lives on their own terms. Ultimately, there is no “right” or “wrong” time or reason to seek corrections to one’s birth record. It is not the role of the attorney to critique or opine on this choice. The role of the attorney is to inform, empower, and guide the client with as much protection and care as the client desires. 

At the root of all of this is respect. Respect for clients and their choices, their feelings, their opinions, and their personhood. We ask our clients to be vulnerable in this process and we must be, too. We must tell clients when we are unfamiliar with terms or are struggling to understand. The purpose of this manual is to equip you with as much information as possible to minimize the need for your clients to do the work of educating their lawyer. The client is obliged to handle the emotional labor of exposing the profoundly personal in the public forum of the court; the least we can do is learn how to be an informed and respectful advocate.

There are innumerable reasons why a person may seek to correct their name or gender maker. No reason is right, no reason is wrong. Outside of marriage and divorce, the most common reason for someone to seek corrections to their birth record is in fulfillment of a legal transition. 

A person’s transition can take innumerable paths and steps. No transition path is right, no transition path is wrong. When an individual chooses to pursue gender transition, it is often because they recognize that their assigned gender identity does not align with their experienced gender identity. A person’s assigned gender identity, typically as male or female, has historically been tied by law directly to their reproductive anatomy as it is perceived at their birth. A person’s experienced gender identity does not have any guaranteed relation to a person’s anatomy. Likewise, a person’s gender identity has no guaranteed relation to a person’s sexual orientation (the sort of romantic or physical attraction they do or don’t have toward others) or their gender expression (how masculine or feminine someone appears to others). All of these concepts exist on a spectrum and can (and frequently do) change at any time in small or large ways over the course of someone’s life. It is not the role of the attorney to opine or pass judgment on the appropriateness or accuracy of anyone’s gender identity, gender expression, or sexual orientation.

For many clients, lawyers and the courts represent a painful and dangerous system that is frequently used to inflict profound harm on themselves and their communities. Your client may see you as part of that harmful system and may keep that opinion to some degree throughout the entirety of your working relationship. You may not have experienced harm from the legal system in the way that your clients have, but they are the expert in their experience and deserve the same respect and deference that any other expert would receive. 

In an effort to establish and maintain respectful relationships with clients, you should always explicitly state the reasons for any invasive inquiries and refrain from making any extraneous comments or inquiries. Clients seeking to make corrections to their birth records will be obliged to make public information that may otherwise be deeply private or even secret. Let your client know why you are obligated to inquire about certain private information and initially frame your questions in a way that allows the client to share to their comfort level. If clients are hesitant or unsure of the information you need, you may be more direct, but it is worthwhile to demonstrate a willingness to let the client lead before forcing them to share. Take note of the client’s current legal name as well as the name by which they desire to be addressed and ensure that everyone interacting with the client addresses them appropriately. Likewise, be explicit in making note of the client’s correct pronouns of address and ensure that everyone respectfully uses those pronouns when addressing the client. 

But, as the saying goes, “to err is human.” And while the saying may claim that to forgive is divine, as more earthbound lawyers, to apologize is true grace. Be candid with your client if missteps occur or if you are unfamiliar with the best steps forward. Take responsibility and apologize but understand that the client has no obligation to be forgiving. Your client may have years of dangerously negative experiences informing their decisions and behavior, and they have every right to choose to protect themselves rather than continue to work with a lawyer with whom they do not feel safe or respected. Lawyers deserve an opportunity to learn to be better, but our clients are not obligated to teach us or be our test subjects. 

In an effort to communicate effectively with clients and with the court, it is advisable to describe the modifications being made to a client’s records as “corrections” rather than “changes.” This semantic choice validates the client’s existence in requesting the correction and reinforces the underlying legal principle that the vital records document must be corrected because it is inaccurate and is not simply being changed on a whim. 

The blatant discrimination and harassment endured by transgender and gender non-conforming individuals cannot be understated. It permeates all realms of daily life, including the legal system. Attorneys, bailiffs, court clerks, judicial staff, judges, and anyone else in the courthouse or community may feel entitled to openly harass and demean your clients. When transphobia is layered with racism, classism, and misogyny, the prejudice heaped on your client can become overwhelming for even the most experienced lawyer. 

In any circumstance, part of a lawyer's role is to shield our clients from undue harm. We leverage our status and respect inside and outside the courtroom for the benefit of our clients. We can be their spokesperson and stand between them and harmful and oppressive systems. For clients seeking correction of their vital records, this should include taking every opportunity to let the client choose what degree of participation in the process they desire. Some clients don’t ever want to step foot in the courthouse and face the seemingly inevitable curiosity and judgment that will attach to their case. Others find it empowering and worthwhile to personally face those who sit in judgment. As in all things, the role of the attorney is to talk with clients about their options so that they can make the choice that is most appropriate for them. If tasked with being the sole face associated with your client’s legal case, it is important to operate in the courthouse with respect for your client and with a zero-tolerance approach to the prejudice of others. Unkind remarks or questions about your client should not be entertained or tolerated even in your client’s absence. Your clients have chosen you to be their advocate as they seek legal validation of their fundamental existence. This is a profound obligation that should not be taken lightly or bandied about with otherwise familiar court staff or judges.

It is highly likely that you and your client will face not only interpersonal wrongs but also courts and lawyers who handle these cases in a manner that does not entirely comport with the law. Choose your battles wisely. Many clients don’t want to be a standard bearer for the cause, they simply want their birth record corrected. Outcomes can be more important than process to the client, and so it is important to let them know what they are legally obligated to endure and what they are free to fight against if they so choose. 

Do not ever assume that a client desires to take on every battle or that taking on a certain battle will not just make things worse for everyone. The legal status of transgender and gender non-conforming people continues to be dangerously tenuous. Many of their legal rights exist because they are not widely known beyond the folks who need their protections. Picking a fight will inevitably draw attention and potentially increase a desire to undo the few and delicate legal remedies that exist to protect clients. Ultimately, we are obliged to defer to our clients and to those who are more informed about the larger and more complex legal dynamics impacting the transgender and gender non-conforming community.