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The standard you walk past is the standard you accept. We cannot accept discrimination in the legal profession, writes Sach Fernando.
As lawyers, we must hold ourselves to a high standard and advocate for the elimination of discriminatory behaviour, particularly if they are being perpetuated by members of our own profession.
In one case, senior counsel referred to my Sudanese client as a “monkey”, and in another, refused to pronounce my Sri Lankan client’s name because it was a “real tongue twister” for him. My client’s name is her identity, so I could not accept his refusal to even try pronouncing it. I also won’t tolerate my client being called a monkey.
I have been practising now for over a decade; however, in these two cases, I did not immediately respond to the senior counsel’s culturally insensitive comments. I knew that I wouldn’t tolerate them, but I also needed to be strategic in my communication. As a Sri Lankan man in the profession, I also needed to ensure that my response to these incidents would not be viewed as emotional.
I reflected on the situations, discussed them with my team, and then took action.
In one instance, I emailed all parties setting out the phonetic pronunciation of names, and in the other, I debriefed the counsel who called my client a monkey.
Advocating for our clients extends beyond obtaining large lump sums of money for them. It extends to protecting their integrity during the litigation process. If we don’t advocate for their rights, nobody will.
However, advocacy in situations like these is challenging and needs to be done strategically. My suggestions are as follows:
To listen to my episode on The Boutique Lawyer Show, click here.
Sach Fernando is the principal lawyer of Maxiom Injury Lawyers.
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Sach Fernando
