Introduction: Many lawyers in the Northern Territory act for and provide advice to Aboriginal people. For many lawyers, especially those who do not identify themselves as Aboriginal or Torres Strait Islander, those who do not have Indigenous heritage and those who are new to the Territory, communicating with Indigenous clients poses some special challenges.
For example, because of the significant differences in language and culture, there is a much higher than usual risk of miscommunication. This is problematic and can often result in serious consequences. Consultations with Indigenous organisations and the legal profession in the Territory suggested a need for protocols to assist communication between lawyers and their Aboriginal clients.
Based on the obligations of lawyers under Australian law and influenced by international law, such protocols can set a basic standard of conduct to assist legal practitioners and their Indigenous clients. The first edition of Indigenous protocols for lawyers was introduced more than 10 years ago and it continues to be a relevant and important publication and a key aid in legal practice. With the Law Society Northern Territory’s consent, the Law Society of South Australia recently adapted the first edition to provide guidance for lawyers practicing in South Australia.
The second edition provides a set of six protocols, some related discussion and tips for a legal practice that is culturally attuned to the special requirements of communicating with and representing Indigenous people. It is intended to be a guide for lawyers providing services to Indigenous people in the Northern Territory whose first language is an Australian Indigenous language. However, these protocols will be of assistance to lawyers across the country. As Indigenous people are culturally, linguistically and geographically diverse, it must be remembered that some of the information and tips in this edition may not be relevant and applicable to all Indigenous clients.
However, much of the information will be relevant for many clients and by following the protocols lawyers will be able to provide a better level of service to their Indigenous clients, including better protecting the interests of their clients and fulfilling their obligations as an officer of the court.
Download the pdf at
https://lawsocietynt.asn.au/images/stories/publications/indigenous_protocols_for_lawyers.pdf
