Law Times

PAGE 2 NEWS February 13, 2012 • Law Times BY KENDYL SEBESTA Law Times court, according to a new guide for lawyers released by the Law Society of Upper Canada. Created by a three-member C working group of practitioners who deal with sexual abuse cases, the guide recommends lawyers representing or interacting with victims of sexual abuse approach claimants with respect and focus on helping them make informed choices about their mental-health needs and legal options, particu- larly when they're seeking com- pensation. The 13-page guide notes sexual abuse victims are oſten "vulnera- ble and psychologically damaged," angry, and distrustful of authority figures. It recommends lawyers develop a complete understand- ing of the particular needs that arise from those factors to avoid ompassion and under- standing are key to protect- ing sexual abuse claimants from revictimization in revictimizing sexual abuse claimants in court. Elizabeth Grace, a contrib- uting author of the guide and a partner at Lerners LLP, says other issues such as cultivat- ing compassion in the legal community in order to help lawyers avoid those pitfalls are also key suggestions outlined in the guide and were impor- tant factors in its development. "While the guide is pri- marily directed at plaintiffs in sexual abuse cases, we hoped it would be used by both plain- tiffs and defendants to create a more encompassing respect for the legal process," says Grace. "The hope is that the guide will draw attention to the vic- tims' bill of rights, the demands on the clients who have been sexually abused, and the obliga- tion of lawyers to represent them competently and compassionately." One of those obligations, says Simona Jellinek of Jellinek Law Office, is to ensure lawyers 'The issue of abuse is not going away,' says Elizabeth Grace. develop a genuine sense of trust with sexual abuse claimants. "These clients oſten face some pretty difficult issues around trust and authority and oſtentimes, even though we are represent- ing them, they still view us as an authority figure," says Jell- inek, who also was involved in authoring the guide. "That can be particularly harmful in establishing trust because their abusers oſten were viewed in the same way." According to the guide, this could also cause sexual abuse victims to become "protective or avoidant" and have difficul- ty expressing themselves when interacting with counsel. "Claimants' lack of self- esteem and confidence and the avoidant and destructive coping tendencies they oſten employ can make them par- ticularly ill-suited to the de- mands of the justice system," the LSUC guide noted. "Claimants in sexual abuse cases may also be prone to ag- gression and harmful behav- iours towards others, including those who are trying to help them." To help address those issues, the guide recommends lawyers be open and direct in their com- munication with victims of sexual abuse. It also emphasizes being compassionate and understand- ing when hearing about their sex- ual abuse for the first time. Not backing away from victims when they share their emotions or talk about their abuse is key, says Loretta Merritt, a lawyer at Torkin Manes LLP who oſten represents clients in sexual abuse cases. "Lawyers in these types of cases need to make themselves aware of what they may encounter and need to be educated about the process," says Merritt. "They need to know not to back away when a client tells their story or to shrink away when a cli- ent calls them, cusses them out, and hangs up on them. They have to engage them and they have to know it's about so much more for victims of sexual abuse. It's about being heard . . . about justice for them. This guide can be very good in helping with that." In addition, the guide recom- mends lawyers meet with clients in person before establishing a re- tainer relationship; finalizing the agreement before taking steps on behalf of the client; and reviewing the personal and professional sup- ports available to claimants. "Sexual abuse claims are both legally and factually complex," the guide noted. It added that "because of the ever-present risk of harm to this psychologically fragile group of claimants, lawyers acting for claimants may wish to review, at the beginning and throughout their retainers, the personal and professional supports available to their clients, and where possible and appropriate, encourage and/ or assist them to seek out the sup- ports they need to safeguard their health and well-being." That psychological support, says Rick Goodwin, executive di- rector of The Men's Project, is par- ticularly important among male victims of sexual abuse who oſten face a "hellish process" in court. "From the get-go, chances are GO DEEPER GET THE FULL PICTURE OF THE LAW WITH WESTLAW® CANADA DEEPER CONTENT Go beyond case law and legislation to get the true insight you need. Whether you're looking for primary law, legal analysis or litgation materials, Westlaw Canada is the online resource with the coverage that goes beyond case law and legislation to deliver the true insight you need. Get Better Results Faster with Westlaw Canada Call 1-866-609-5811 or visit www.westlawcanada.com most male victims won't even rec- ognize the experience and their mental-health issues become exas- perated as a result," says Goodwin, whose organization provides sup- port services to abuse victims. "There is a need for concurrent psychological support among them and that can't be overemphasized." But Goodwin says that while suggesting support groups might be useful advice for lawyers who represent victims of sexual abuse, it may not be enough. "I think it's still a very challeng- ing process. I'm not sure how well someone who has been sexually abused and requires substantial mental-health support can seek that out when the resources from the province simply aren't there." Still, Grace says she hopes the law society guide will at least cre- ate a discussion about the legal profession's treatment of sexual abuse victims. "The issue of abuse is not go- ing away. I hope that this guide at least helps make people aware that these issues are out there." LT www.lawtimesnews.com Compassion key to helping abuse victims, lawyers told

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