Looking for trans-friendly legal assistance can be a tricky process. Depending on where you live, the legal system itself may not be trans-friendly. You may have to go through several preliminary meetings before deciding on a lawyer. And when you do find one, they may not be well-versed in trans issues, so you’ll have to help them understand better.
A lawyer’s services aren’t only required when you have to fight a case (we hope you’ll ever have to face this), but in transactions such as buying and transferring property, drafting a contract, succession planning, changing your name and gender marker in official documents, and so on.
Whether or not a lawyer chooses to represent a trans person is largely a personal choice, and one based on their own conviction, especially in countries that are not trans-friendly. You have the right to legal representation, but it would work in your favour to have a lawyer who is truly on your side and understands and sympathises with your journey and identity.
In my own experience engaging a lawyer, I just explained to him why my name on my legal documents doesn’t match my face. He simply nodded, and immediately referred to me by my chosen name and pronouns. He did also inform me that he would have to use my legal name on all documents and asked if that would be ok (not that I had a choice).
For countries with both civil and shariah systems (such as Malaysia), there may be instances when you need the services of a trans-friendly shariah lawyer who will fight in your corner. An LGBT-friendly shariah lawyer is a rare phenomenon, so if you find one, cherish them with all your heart. And refer their services to your friends.
Here is a basic process of finding a trans friendly lawyer.
- Ask for an in-person meeting with your chosen firm to discuss why you need their services. You’ll be able to read their body language and level of comfort in engaging with you. If they are clearly uncomfortable and unsure, end the meeting and excuse yourself.
- If the conversation starts off on the right foot, listen for cues such as use of your name and pronouns. Some lawyers may have never met a trans person before, so it will take a few tries before they get it right, even if they are otherwise professional. Give them the benefit of doubt. You are hiring them and paying money so they should be nice to you.
- Give them room to ask you questions. It might be a learning process for them to better help you, but the questions have to be relevant to the situation. Put your foot down if the questions seem intrusive and irrelevant, and if necessary, report them to the bar council. Whether or not you’ve had bottom surgery has nothing to do with buying a house, so exercise your judgment.
- Some situations, such as succession and estate planning, might be tricky for a trans person. Ask them questions to see how they will handle your particular situation, and ask for an in-depth explanation of their proposed solutions. This generally applies to hiring a lawyer in any situation, even for cis-gendered people.
After all, the easiest way to find a trans-friendly lawyer is to go through your local queer network and NGOs to get referrals to trans friendly lawyers, some of which offer their services at a discounted rate.
However, for everyday transactions, it’s unlikely that these same lawyers will also be involved, since it isn’t their area of expertise. You could still ask them for referrals.
In countries that are hostile towards LGBTQ persons, a law firm may choose not to advertise that they are trans-friendly. You might also be located far from a major city, so you will need to do your own research and go through trial and error before settling on a lawyer.
