Client Centered Lawyering: An Avenue for Change

October 12, 2022 - Aqdas Khudadad

Since choosing to come to law school, I have continuously grappled with the role lawyers play in our legal system. Lawyers have an essential role in advocating for and working towards change, however, they are also part of a larger system that has caused and continues to cause harm to marginalized communities. Because of this contradictory position we are often in, I strive to learn about ways that lawyers can go beyond traditional norms of lawyering and be mechanisms of change. Specifically, I believe this is important for bridging the justice gap that exists in the United States. There is a need for quality legal assistance for low-income communities, especially with civil legal issues. Further, communities that have been unfairly targeted and policed by the legal system need access to legal assistance. This includes attorneys that understand the systemic violence that influences how individuals are affected by the legal system. Additionally, attorneys must have an understanding of how one’s identity influences their perception of the legal system.

In Artika Tyner’s article “Planting People, Growing Justice: The Three Pillars of New Social Justice Lawyering”, she discusses her theory of “social justice lawyering.”1 She describes this as “a transformative paradigm which focuses on working collaboratively across professional sectors, geographical boundaries, and community borders to create change.”2 Social justice lawyering is transformative because it is client-centered in ways that traditional lawyering is not.

Tyner’s describes the traditional model of lawyering as “regnant lawyering” which is based on the notion that the attorney is the primary decision-maker in the client’s legal matter.3This model can be problematic since it assumes that the client is helplessly dependent on the lawyer. By framing the relationship in a hierarchical manner, the client may have a hard time trusting their attorney since they are removed from the legal process. The regnant lawyering model caused me to reflect on how saviorism could factor into this model. If an attorney is not actively listening and involving their client in the process, it could easily become a situation where the attorney believes they are making the right decisions for their client but are causing great harm. This could be particularly detrimental in situations where an attorney is representing a client that is part of a marginalized community. Derrick Bell discusses the issue of effectively representing client interests in his article “Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation.”4 Bell considers the development of school desegregation litigation and the lawyer-client relationship that shaped it.5 Bell discusses how integration was prioritized to the point that the voices of Black parents and representatives who wanted to place emphasis on improving the quality of education that Black students received, were ignored.6 Since civil rights groups were often supported by middle class Black and white individuals, their voices were prioritized over low-income Black families.7 Bell suggests that lawyers should not “lead” their clients.8 Further, the inability of clients to pay fees for legal assistance should not cause lawyers to develop the mindset that they “know what’s best” for their clients.9 Rather, their decisions and priorities should be shaped by their clients.10

Tyner explains that social justice lawyering means that the lawyer facilitates empowerment and self-reliance.11 Further, laws should be critically approached and the voices that are not traditionally heard should be amplified.12 An important part of this process is listening to both the client and the concerns of the community.13 I agree with Tyner that social justice lawyering should involve an active engagement with client needs, community voices, and systematic issues.

Client-centered lawyering was first practiced by students in legal clinics and was eventually adopted by attorneys.14 The goals of this approach were to recognize the importance of non-legal aspects of the client’s case, limiting the role of lawyers professional expertise, giving primacy to client decision making, and understanding the client’s viewpoint and values.15 To encourage client involvement, there must be mutual trust. It can be difficult for individuals who have had negative experiences with the legal system to trust attorneys. As a second-year law student, I strive to incorporate client-centered lawyering in all client interactions, even if I am not the actual attorney representing them. By observing client centered attorneys, I have learned ways to earn trust and maintain strong client relationships.

Client-centered attorneys will ensure that they are explaining the law in a way that makes sense to someone that does not have a legal background. I have observed that this allows for clients to feel comfortable in expressing their opinions and being involved in decision-making related to legal strategy. Further, this increases transparency and puts the attorney and client on the same level. Being present, actively listening, and validating the clients’ emotions and fears are also essential in fostering trust. As noted above, one of the goals of client-centered lawyering is to recognize the non-legal aspects of a case. By acknowledging how a client is feeling and moving through the case at a pace that the client is comfortable with are examples of this. Demonstrating compassion, patience, and commitment can foster trust and respect.

To practice a client-centered approach also means to be trauma-informed and antiracist.16 Lorilei Williams explains the key components to a trauma informed and antiracist approach to legal advocacy.17 These components include having an awareness of how trauma and racism impact clients, the community, and ourselves.18 This also includes understanding how our own exposure to trauma influences us and developing personal coping mechanisms.19 As mentioned above, a trauma-informed and anti-racist approach to lawyering involves client collaboration.20 I have personally observed how attorneys incorporate these approaches by making their clients feel heard and recognizing the trauma their clients experienced continues to impact them. Clients often come to lawyers during extremely difficult times of their lives. It is important to take steps to ensure that clients are not being re-traumatized as the case proceeds. Since attorneys may not always be trained in how to practice in a way that is trauma-informed and anti-racist, it is important for attorneys to collaborate with community organizations that can provide training and guidance on these practices.

Client-centered, social justice lawyering involves listening to clients, amplifying marginalized voices, and collaborating with the client and the community. It is only when the needs of clients are understood within the larger legal system that change can be created on an individual and systematic level.

Notes:

1. Artika R. Tyner, Planting People, Growing Justice: The Three Pillars of New Social Justice Lawyering, 10 Hastings Race & Poverty L.J. 219 (2013).

2. Id. at 220.

3. Id. at 222.

4. Derrick A. Bell, Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation, The Yale Law Journal 85, no. 4, 470–516 (1976).

5. Id.

6. Id. at 8-9.

7. Id. at 11.

8. Id. at 17.

9. Id.

10. Id.

11. Artika R. Tyner, Planting People, Growing Justice: The Three Pillars of New Social Justice Lawyering, 10 Hastings Race & Poverty L.J. 219 (2013).

12. Id.

13. Id.

14. Jonah A. Siegel, et al. Client-Centered Lawyering and the Redefining of Professional Roles Among Appellate Public Defenders 14 (n.d.): 24.

15. Id.

16. Lorilei Williams, An Antiracist Approach to Trauma-Informed Lawyering, Shriver Center on Poverty Law, (June 29, 2021) https://www.povertylaw.org/article/trauma-informed-lawyering/.

17. Id.

18. Id.

19. Id.

20. Id.