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.