The new federal administration issued a slew of executive orders (EOs) in its first days that have raised important questions about the future for many of us who fit under the lesbian, gay, bisexual, transgender, queer, intersex, asexual and other sexuality and gender minorities (LGBTQIA+)¹ label. These orders rescind protections and impose new limitations primarily targeted at transgender individuals—that is, individuals who identify as a gender different from the biological sex assigned at birth—including a ban against transgender individuals enlisting and serving in the military, a restriction against gender-affirming care for people under the age of 19, prohibitions against schools creating policies that support and respect the gender identity of students, and a ban against transgender women and girls participating in women’s and girls’ organized sports.²

Thus, it is not surprising that transgender and other LGBTQIA+ minorities view these as frightening times. Same-sex marriage has been legal in Michigan for only ten years,³ and workplace protections for LGBTQIA+ individuals have only been the law of the land for five years.⁴ Many of us fear that if the Supreme Court could overturn Roe v Wade,⁵ when it was settled law for 50 years, what is to protect these far less established rights for LGBTQIA+ Americans?

This article explores how you, as a legal professional, can work sensitively with LGBTQIA+ clients.

ATTORNEY ETHICS AND PROFESSIONAL STANDARDS

First, Michigan attorneys have an ethical obligation to treat all persons involved the legal process with courtesy and respect.⁶ In addition, the American Bar Association’s Model Rules of Professional Conduct emphasize that attorneys must avoid conduct that manifests bias or prejudice based on various factors, including sexual orientation and gender identity.⁷ This duty applies in both direct client interactions and in our broader professional communications.

Confidentiality is of course an essential tenet of our ethical standards, but breaches can be especially harmful to LGBTQIA+ individuals. For example, inadvertently outing a client as transgender without their consent could not only violate ethical rules but also put the client at risk in light of the new government policies limiting their rights and opportunities. We must ensure that we know how comfortable a client is with disclosure of personal information, and check in with them repeatedly about their comfort and tolerance for such disclosure.

WE HAVE A DUTY TO TREAT EVERYONE WITH DIGNITY AND RESPECT

As attorneys, we also have a general duty not just to advocate in the courtroom, but to treat all of our clients and potential clients, as well as adversaries and court staff, with respect and dignity.⁸ When it comes to LGBTQIA+ individuals, an important way we can create an inclusive space is to consider the essential foundations of professionalism: language and policy. When we employ inclusive language and create policies that help ensure that all individuals are treated with dignity and respect, we present ourselves as professionals who truly embrace the diversity of our community and clients.

By creating an environment where every client and colleague feels safe, heard, and respected, we create a safe harbor for vulnerable LGBTQIA+ individuals we touch in our legal practices amidst a rising tide of discrimination.

THE POWER OF INCLUSIVE LANGUAGE

Language is the foundation to our perceptions and interactions. Using inclusive language ensures that we do not inadvertently marginalize or alienate individuals based on their gender identity, sexual orientation, or other personal attributes. The way we phrase even routine questions can have a profound impact. For instance, when inquiring about a client’s personal life, opting for neutral questions like, “Are you married?” or “Do you have a partner?” instead of “What is your wife’s name?” avoids language that can exclude and alienate.

Similarly, using “they/them” pronouns as singular, gender-neutral options can prevent misgendering and demonstrate respect for non-binary individuals—that is, individuals who eschew the limitation of being either male or female. Many of us have internalized rigid grammatical rules that may make this shift seem unnatural. For instance, we bend over backward to adjust quotations to fit the gender of our client’s situation by using awkward “[s]he” or “she/he” alterations. But the law and language constantly evolve, and we can, too, by trying to use “they/them” for the third-person singular.

UNDERSTANDING THE BROADER CONTEXT

Beyond professional settings, it is crucial to recognize the broader societal challenges that LGBTQIA+ individuals face. The legal field does not exist in a vacuum. Particularly in light of the aforementioned EOs targeting transgender individuals’ rights to full and equal participation in our society, imagine the courage it takes for someone to embrace their identity in the face of uncertainty about their basic rights.

As attorneys, we must be mindful that even when a client’s legal issue does not explicitly involve LGBTQIA+ rights, their identity and experiences may shape their perspective on the law and their case. By leading with compassion and empathy, we create a legal practice where individuals feel safe, heard, and valued.

CREATING A MORE INCLUSIVE LEGAL SYSTEM

We have the power as legal professionals to foster inclusivity within the justice system by making even routine practices more mindful and equitable. We can and should prioritize using a person’s correct name and pronouns in court, confirming with opposing counsel or the client beforehand if uncertain. Law firms can further this effort by cultivating a workplace culture that is welcoming to LGBTQIA+ clients and staff.

We can take practical steps to create a more inclusive environment. When meeting someone new, asking “What pronouns do you use?” or “Is there a name you prefer?” demonstrates respect and ensures correct communication. And if it is relevant to our practice area, we should also respectfully ask about sexual identity.

We can also review our basic forms, like intake materials, to ensure that we are asking inclusive questions about someone’s gender and not having only male and female as the options. Consider these suggestions:

Gender – If you determine that you need to know a person’s gender,⁹ best practice is to have an open field for people to write in, or to have multiple checkboxes with the instruction, “check all that apply,” which includes a self-describe option.

Partners/Spouses – Use neutral language like “spouse” or “partner” rather than “husband/wife.”

Parent Information – Use neutral language, like “parent/guardian 1” and “parent/guardian 2” rather than “mother/father.”

Pronouns – Pronouns are the words used to describe a person in the third person, so they are often helpful to collect when asking other demographic information. You can ask for pronouns by providing checkboxes with multiple options, as well as a write-in option.

Name – If you ask for someone’s legal name, give a space for them to state their chosen name or preferred name, and use the latter in communications.

Titles and Honorifics – Make sure to include neutral title options like Mx. (pronounced “mix”) which is a neutral alternative to Ms. and Mr.¹⁰

Educating oneself is key to fostering inclusivity. Resources from organizations like Lambda Legal,¹¹ Gay and Lesbian Alliance Against Defamation (GLAAD),¹² National Center for LGBTQ Rights (NCLR)¹³ and The Trevor Project¹⁴ offer guidance on best practices for working respectfully with LGBTQIA+ individuals and understanding the legal protections and challenges they face.

We can also reflect on the relevance of personal questions to ensure that we are not invading privacy: Before inquiring about a client’s gender, sexuality, marital status, or medical history, for instance, we should ask ourselves if we would pose the same question to every client. In legal filings and briefs, outdated or incorrect gender pronouns should be adjusted with brackets to reflect accurate language, just as case law quotations are modified for clarity.

THE LEGAL PROFESSION IS EVOLVING

While some may argue that changing language and practices is unnecessary or cumbersome, the reality is that the law itself is evolving. We amend statutes, update legal definitions, and reconsider past precedents as society progresses. We are legal professionals who pride ourselves on our precision, fairness, and adaptability, and so it makes sense for us to evolve in how we address, and communicate with, our clients (and others). In that way, we can build more trust with those we serve, and thereby advocate for them more effectively.