This past week, I assisted a family member with a matter that involved me going to an administrative hearing with this family member. I won’t give too much details about the situation because (1) I didn’t ask this family member for permission to share, and (2) even if I did ask, I feel that s/he would just say “yes” to be nice. Instead, I’ll share this more from my perspective.
Up until now, I’ve been working in a very different space as an advocate or soon-to-be attorney. The space that I have worked we like to call preventive law, similar to preventive health. Towards the other end of the spectrum, there is what may be more considered as a crisis situation and more of what one typically thinks when they think about what a lawyer does. I forget the exact percentage, but a very small percentage of cases actually go to trial.
In assisting this family member, this was my first time attending an administrative hearing (let alone “representing” anyone) and this was my first time really stepping outside of the preventive law space.
Helping my family member in this situation resulted in me learning some tough real life lessons in being an advocate or soon-to-be attorney in our justice system. Here are multiple barriers that I identified through this process:
- An individual has to know that they’ve been wronged.
- An individual has to know that they have certain rights or that how they were wronged is not allowable under the law.
- An individual may likely need assistance to navigate the process in which to achieve justice to correct the wrong.
- An individual needs resources (time, money, etc.) to be able to get the assistance needed to navigate the process or to be represented by a professional.
- An individual must know how to tell their story, or speak to the various elements under the law that will grant justice for the wrong-doing.
- An individual must be able to keep up with all of the demands in following each step of the process while not getting overwhelmed by stress.
- Speaking of stress, in trying to pursue a path to justice, the wrong that was doing usually results in consequences. The consequences are often life-changing so let’s not forget about an individual not being overwhelmed with just trying to survive on top of pursuing his or her case.
- I’m sure there are more…
Aside from these barriers, I felt the reality of the matter is common as well (based on what I’ve been told). It is common for a witness/client to change their story during a court proceeding, despite meeting with the witness/client beforehand to prepare for the proceeding. I would also bet that the feelings that I am feeling are common among individuals who need to pursue this avenue to achieve justice or budding attorneys.
I was also forced to face my own limitations, or areas I need to improve on. I prepared many hours before this administrative hearing. I felt prepared going into the hearing. However, when it came down to it, I felt stuck between what I thought the facts to be, how the facts were being construed, and figuring out how to ask things in a question form to try to correct the discrepancies between the two while also not being allowed to ask questions for things that were already established. Let’s think about that for a second. Stuck.
Ultimately, I felt that the official that oversaw this administrative hearing was fair and asked great questions. However, this all still feels so UNjust for my family member.
Despite these circumstances, I am more than happy that I was able to help this family member in this matter. In all realness, if it were not for me, things would have been even that much further away from achieving some form of justice or a decision in favor of my family member. I know that I will remember this experience forever. The deep empathy that I’ve had up until now just expanded to a totally different level having gone through this in a more personal nature with my family member.