To answer this question certain elements must be discussed. It is important to understand that as human beings, judges, and lawyers alike can have unconscious biases. However, as officers of the court and professionals, they exercise the utmost impartiality and fairness in their profession.
As such, the sex of your attorney along with personal attributes such as sexual orientation or parental status bears no relevance and should not influence your process of choice of lawyer. The lawyer’s qualifications, experience, and professionalism should be the main elements considered.
Allow us to debunk certain myths and misconceptions with respect to the significance of your lawyer’s sex. It is often heard in the legal realm that prospective clients might seek a lawyer of a specific sex for various reasons. These reasons are numerous, the most common being men seeking a woman lawyer with the expectation of garnering sympathy from the judge. Conversely, situations also arise where men or women prospective clients respectively solicit a lawyer of their own sex, guided by concerns that a lawyer of the opposite sex might pass judgment on their actions.
Regardless of the reasons given to request a lawyer of a specific sex, the key factor in your choice should be their qualifications in the relevant legal field. All practicing lawyers in Quebec are members of the Quebec Bar, following rigorous professionalism and confidentiality standards while adhering to the Code of Professional Conduct of Lawyers.
Additionally, it is important to be aware that every judge possesses their distinct personal beliefs, their unique background, and particular viewpoints on various matters. Evidently, these elements must not, and indeed do not, contribute to their decision making, as judges are to uphold a standard of neutrality. However, even if such factors are inadvertently taken into account, it is impossible for your lawyer to know this information beforehand.
At Spunt & Carin, our lawyers don’t judge, rather we are here to support you. Information about your file is only shared internally. There is no such notion as a bad first impression with our team. Our duty to you is to represent your best interest and to safeguard your rights in the context of your legal file. As such, we do everything in our power to create a transparent relationship and we prioritize comfortability. Specifically, at the start of every consultation here at Spunt & Carin, your lawyer will reassure you that any information you disclose is confidential and you must be as transparent as possible to allow the attorney to help you to the best of their ability.
Keep in mind, withholding information due to concerns of potential judgment could detrimentally impact the advice provided, sas well as your case in later stages.
Another thing to consider is that the legal landscape, especially in family law, is accurately portrayed on television or other media formats. On television shows, the depiction of a lawyer’s communication or conduct towards the opposing lawyer is often hostile and disagreeable, to say the least. This portrayal significantly diverges from reality. While it is true that certain lawyers may exhibit more aggressive and/or rude approaches, however, the prevailing mode of communication and relationship between opposing lawyers is respectful and collaborative. This is, of course, to the benefit of the client as a lawyer focused on animosity towards opposing lawyers may inadvertently divert their focus from their client’s best interest. Being assertive and being rude are not the same and sometimes your lawyer will need to be assertive to safeguard your rights.
Killing with kindness does in fact work!
Finally, be mindful that lawyers, judges and other officers of the court such as special clerks and bailiffs conduct themselves with discretion and respect. They refrain from passing judgement on you or your personal circumstances. Consequently, the lawyer’s sex should not be a factor in your decision when choosing your lawyer.
