Towards a Better Representation of the Client

• Author: Nathalie Des Rosiers; Louise Langevin
• Pages: 33-39

Chapter

2

Towards

a

Better

Representation

of

the

Client

69.

Introduction

-Each

attorney

has an

individual style,

and

each

approaches

the

representation

of

clients with

a

particular personal-

ity and

personal history.

The

purpose

of

this chapter

is not to

sug-

gest "the best"

way to

represent survivors

of

abuse,

but

simply

to

offer

suggestions

in

light

of the

past

experience

of

attorneys

and

judges

in

this

particular

field.

We

will begin with

an

examination

of

certain aspects

of the

attorney-client

relationship

that

can

present

challenges within

the

context

of

representing victims

or

survivors

of

sexual

or

spousal abuse. Then

we

will extend

the

scope

of our

exam-

ination

to

include other means

of

support

that

a

victim should con-

sider

before

instituting civil proceedings.

I.

THE

ATTORNEY-CLIENT RELATIONSHIP

70.

The

Issue

of

Power

in the

Attorney-Client

Relationship

- The

power

relationship between

an

attorney

and

client

is one

that

mer-

its

attention. Victims

of

abuse have

differing

needs

and do not all

react

the

same way. Their dealings with professionals

may

have

been

marked

by

betrayal. Attorneys must

be

ready

to

deal with

these issues. Moreover, given

that

sexual

and

spousal abuse

is

often

experienced

as a

situation

of

intense

powerlessness,

it is

important

to

minimize,

to the

extent possible,

the

imbalance

of

power

in the

relationship between

an

attorney

and

client.

The

most practical

way

of

showing respect

for a

client

is to

share

information

in a

mean-

ingful

way.

The

plaintiff

will

have greater

confidence

in the

judicial

process

if she

works

in

concert with

her

attorney

in

developing

strategies.

71.

Confidentiality

- It is

crucial

that

the

client

feel

comfortable

enough

with

her

attorney

to be

able

to

tell

her

story. Thus,

it is

essential

to

provide

an

explanation

of the

attorney-client

privilege

33