Visitors and legal advisors: constructive relationships
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If the person has a solicitor or an accredited immigration advisor, it is important that any contact between them and the visitor is constructive, and does not undermine the relationship between the representative and their detained client. Understanding each other’s distinct roles is central to being able to work in harmony for the benefit of person in detention - “A visitor who is engaged in advising or assisting a person in detention with the same matter upon which a lawyer is acting for the client risks breaking the relationship between client and lawyer.” [1]
As a visitor, your relationship with a person in detention's solicitor may be one of actively working in partnership or more often will take the form of occasional contact. A solicitor does not have an obligation to take your calls or provide you with any information on the work they are doing (or not doing) for their client. If you can provide them with support or assistance that they need, such as gathering essential information, then this will support constructive contact. Many solicitors also value the role visitors play in providing emotional, relational and signposting support that is outside of their role.
These notes from a previous AVID conference were made available by ILPA on how visitors and lawyers can work together - . Some suggested ways that visitors can support lawyers are:
Providing emotional and relational support which lawyers do not have capacity to provide.
Identifying client needs with which the lawyer can help or which are relevant to the case on which the lawyer is acting.
Setting expectations and helping someone to understand the limits and scope they can reasonably have in respect to their lawyer.
[1] ILPA, (2008), How visitors and lawyers may work together. Notes accompanying a discussion at AVID coordinators conference 2008.
