5(B)(i). Become familiar with the client’s environment and limitations

Lawyers should visit the institution to meet the client. They should assume that, even if the client has permission to leave the institution, this can change at any time at the discretion of the institution staff or the guardian (if there is a guardian). The lawyer should meet with the director of the institution to assess the extent to which it is possible to develop a cooperative relationship which may facilitate access to the client and the client’s access to the outside world. In MDAC’s experience, something as simple as a sympathetic staff member or a brief conversation with a roommate who has access to a mobile phone can greatly facilitate the litigation process. The client may be able to identify allies with whom she/he has a positive relationship. Lawyers should also consider whether providing the client with a mobile phone will reduce the risk that staff will intimidate the client. Such a small action can be a powerful deterrent against staff retribution, and can be comforting to the client.

Visiting the client will provide the lawyer with first-hand information about the reality of their daily life. This is essential to be able to understand the client’s perspective, frustrations and limitations, and ensure that lawyers can gain a clear understanding of their instructions. A visit can reveal additional rights violations such as poor sanitary conditions, inadequate food and nutrition, insufficient staffing levels and other issues relating to the right to health and/or the prohibition of ill-treatment and torture.