Abstract
As members of a profession, lawyers are required to uphold a range of ethical and professional obligations. These obligations include duties to treat others with respect, and not to engage in discrimination or harassment. These ethical obligations are consistent with, and promote, the objective of an inclusive and diverse profession. However, in the legal profession, inclusion is not merely an ethical obligation, but also a strategic imperative. Adopting inclusive practices is an essential step in prioritising good mental health and well-being amongst the legal profession and those who interact with it. This is especially so for people who belong to marginalised groups, who often face additional barriers in this regard.
The legal profession has made significant progress in becoming more inclusive generally, and with respect to LGBTQI+ people specifically. However, more work is required to ensure that the profession is truly inclusive of the transgender and gender diverse (TGD) people who form part of, and interact with, the profession (eg, both clients and lawyers). Indeed, research suggests that many legal workplaces ‘do not know how to accommodate the needs of a trans staff member or client, and have not put in the training, policies or facilities to appropriately accommodate [them]’.
For example, in relation to TGD clients, an Australian study from last year found that half of the TGD people surveyed felt they had been treated disrespectfully by lawyers, and more than half reported that lawyers did not always use their correct pronouns. That same study also surveyed lawyers about their perceptions of how lawyers treated TGD clients, with only 18% of lawyers rating the profession as ‘very accepting’ or ‘extremely accepting’ of TGD people.
In relation to TGD lawyers, a different Australian study from 2021 on perceptions of inclusiveness in the legal profession reached similar results. It found that whilst participants believed the profession was generally accepting of some LGBTQI+ identities, it remained particularly unaccepting of TGD lawyers, with participants reporting that TGD lawyers (and other TGD employees within legal workplaces) were more likely than other LGBTQI+ people to face barriers in the workplace.
With these realities in mind, this article provides some foundational evidence-backed strategies to help lawyers and legal workplaces create inclusive and supportive environments that foster good mental health and wellbeing for TGD people.
The legal profession has made significant progress in becoming more inclusive generally, and with respect to LGBTQI+ people specifically. However, more work is required to ensure that the profession is truly inclusive of the transgender and gender diverse (TGD) people who form part of, and interact with, the profession (eg, both clients and lawyers). Indeed, research suggests that many legal workplaces ‘do not know how to accommodate the needs of a trans staff member or client, and have not put in the training, policies or facilities to appropriately accommodate [them]’.
For example, in relation to TGD clients, an Australian study from last year found that half of the TGD people surveyed felt they had been treated disrespectfully by lawyers, and more than half reported that lawyers did not always use their correct pronouns. That same study also surveyed lawyers about their perceptions of how lawyers treated TGD clients, with only 18% of lawyers rating the profession as ‘very accepting’ or ‘extremely accepting’ of TGD people.
In relation to TGD lawyers, a different Australian study from 2021 on perceptions of inclusiveness in the legal profession reached similar results. It found that whilst participants believed the profession was generally accepting of some LGBTQI+ identities, it remained particularly unaccepting of TGD lawyers, with participants reporting that TGD lawyers (and other TGD employees within legal workplaces) were more likely than other LGBTQI+ people to face barriers in the workplace.
With these realities in mind, this article provides some foundational evidence-backed strategies to help lawyers and legal workplaces create inclusive and supportive environments that foster good mental health and wellbeing for TGD people.
| Original language | English |
|---|---|
| Pages | 28-30 |
| Volume | 50 |
| No. | 5 |
| Specialist publication | Brief |
| Publication status | Published - 2023 |
