2.6 Pick Your Battles

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.

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.