Trial Magazine
Hear Our Voices
A View From Across the Pond
In these pieces written by AAJ’s LGBTQ+ trial lawyer members, read about their experiences and stories they want to share.
October 2024As a lawyer in the United Kingdom—and proud overseas member of AAJ—I am always struck when I visit the United States by the many small differences between our two nations. Your buildings are taller, your baristas are friendlier, and your cars are on the wrong side of the road. That said, there are, of course, similarities as well.
These similarities extend into the legal profession. Like our American cousins, we British litigators love the thrill of legal arguments and the sense of achievement that can only come from securing a hard-fought victory for a deserving client.
From reading previous Hear Our Voices pieces, I also realize that there are universal experiences shared specifically by LGBTQ+ lawyers in the U.S. and the U.K. One of these is the process of “coming out,” which is an experience shared by members of the LGBTQ+ community the world over.
It is worth bearing in mind what the “coming out” process actually involves. Many people think of a person coming out (in other words, openly stating their sexuality or gender identity) as a singular event. However, this is not quite correct. While it is true that the first occasion a person comes out to friends, family, or others is a significant milestone, the need to come out extends well beyond that one occasion and is, in fact, an everyday reality for LGBTQ+ people.
This is especially true in a workplace setting. Consider the typical conversation between colleagues over a cup of coffee in the morning. The queer woman choosing to tell colleagues that she spent the weekend with her girlfriend, rather than use the ambiguous term “partner,” is an everyday act of coming out. These moments require LGBTQ+ people to have a constant awareness of context and to assess whether they feel safe being open about their identity in any given situation.
This may include assessing the extent to which it might be possible to discuss their sexuality or gender identity with clients. I have experienced clients, unaware of my sexual identity, using language in my presence that is outdated and not inclusive. Such occasions, thankfully rare, have caused me some discomfort and a sense of insecurity. In these moments, I’ve been glad to have had the support of colleagues and my firm.
We should all—members of the LGBTQ+ community and allies alike—reflect on what we can do to support LGBTQ+ colleagues who face the reality of coming out every day. Simple things, such as the language we use, can have a big impact. For example, asking a colleague whether they have a partner (rather than specifically whether they have a girlfriend, boyfriend, wife, or husband) can help an LGBTQ+ colleague feel less pressured to reveal their sexual identity when they may not be comfortable doing so.
Strong visibility of support for LGBTQ+ colleagues within your firm can also go a long way to helping them feel comfortable within an inclusive environment. As an example, my firm has a visible presence in Pride events in communities around the U.K. On joining the firm as a junior employee a decade ago, this was an incredibly important act of visible support for the LGBTQ+ community that made me feel at home being my true self within the firm.
Such measures are among the steps we should all take, on both sides of the Atlantic, to ensure that LGBTQ+ colleagues feel comfortable being open about their identity at all times and in all contexts. I look forward to continuing discussions with other members of AAJ’s LGBT Caucus about how we can continue moving toward that important destination.
Along the way, I will continue to marvel at your tall buildings, be taken aback by the friendliness of your baristas, and look the wrong way when crossing your roads!
Daniel Matchett is an international serious injury specialist at Irwin Mitchell in the U.K. and can be reached at daniel.matchett@irwinmitchell.com.