M1 - Learner Manual

“Dealing with white fella law is like playing football when the other team and the umpire are applying basketball rules. Not only have the goal posts been moved but there is not even a goal post anymore”.

                                                          (Observation by Anangu1 about the Australian legal system)

Explaining your role to the client

You should explain your role as a lawyer or field officer to your client at the first opportunity. 

This may be done by:

• Defining who your client is and who your client is not, 
• Defining what the matter is and your role in taking instructions and acting on those instructions
• Explain the private and confidential nature of your communications with the client
• Do not make promises to the client that you are not able to commit to

Using Plain English

Firstly, check whether or not you need an interpreter. 

Ensuring that you use Plain English when speaking and writing is one of the keys to ease the stress that you and your client may experience. For example, don't overuse legal expression or terminology. You should ask your client how they wish you to communicate with them when you are not able to see each other face to face. 

Sometimes it may be easier for you to communicate with your client in written Plain English rather than spoken, as some clients may have someone whom they can ask to help them read your letter or translate it for them.

Recognition and respect of relevant customs and heritage

While cultural protocols vary from community to community and individual to individual, there are many that communities have in common. Some examples of common protocols to respect are listed below.

Kinship

It is always important to ask and to listen carefully to what you are told about the use or not, of the names and images of deceased people.

For many Aboriginal people, kinship systems not only imply who is related to whom but also how they must act towards each other in particular circumstances. For example, do not pressure your client to talk about someone if they seem unable to offer you any information about that person. If you do, you may be forcing them to speak about somebody of whom they must not speak. 

• Avoidance Relationships

There are some persons of whom, for example, a male client may have an avoidance relationship with, which prevents them from talking to or addressing that person, or even being in the same room as that person. Obviously an avoidance relationship of this sort will have a significant impact on the person's ability to communicate with you, regarding the person with whom the avoidance relationship applies. It may be best to make yourself aware of the avoidance relationship, and find out from your client who is an appropriate person from whom to seek information or to take a statement etc. 

• Eye Contact

In certain circumstances sustained eye contact is considered rude and disrespectful. This is not a custom that applies to all Aboriginal communities. During your initial contact with a client take notice of how they act and respond accordingly. If you are unsure about a particular custom, it is often appropriate to simply ask the client how they would like you to act. 

• Sorry business

When a person has passed away there are certain obligations that family members need to fulfil. These vary from region to region and between communities. It is usually important that people participate in funerary ceremonies called sorry camps. These obligations are stronger, depending upon the proximity of the relationship of the client to the deceased. It is highly advisable to avoid visiting a community or engaging a community member during the course of sorry business.

Visiting a community

While each community is different, often the cultural protocols will be similar. You should gather as much information as you can about the community before you go there. 

For example it may often be useful to speak to Aboriginal and Torres Strait Islander people you know who live at or visit that community to find out what the community is like.

It is always considered a matter of respect to communicate with the community well before you arrive to arrange the date of your arrival, to explain in advance your business, and to ensure that your business is able to be dealt with by the community on the day you propose to attend. 

• Communicating

If your client lives in a remote or regional community, they may have to collect their mail from a post office many kilometres away or from their community centre. In certain communities, the public telephone may be the only one to be shared by everyone. It may only work between certain hours when the generator is switched on. It is advisable to ensure a communication portal is set up with the client.

When engaging any Aboriginal and Torres Strait Islander client for the first time, it is very important that you enquire about their literacy and numeracy levels. This may be a confronting question to ask, but it is necessary. It is important your client is able to read and comprehend any correspondence you, the police or the court may send them. [1]