5(F)(i). Strengthen supports

Lawyers should talk to the client and understand their reasons for wanting to withdraw. In MDAC’s experience it can be because the lawyer is not communicating properly with the client, that the client does not have enough supports, or because they have lost interest in achieving the outcome of litigation. Whichever motivation the client has, the lawyer needs to respond.

If the client is showing signs of being unable to sustain the pressures of litigation, the lawyer should spend additional time with them to find out their reasons – perhaps there is some form of support which they have needed but not received. It may be that they simply need a break from the case, which the lawyer can facilitate. Lawyers should use their creativity to reduce the burden on the client. This could include relying on other witnesses or on written statements rather than asking the client to testify; seeking an adjournment in a court proceeding; or ensuring that the client does not come face-to-face with an abuser.

Some clients find it difficult to be involved in litigation because of their particular impairments. Some clients need more time and explanations to understand the process and their role in it. Some may find explaining their issues to a lawyer and/or testifying in court overwhelming and may get frustrated because they cannot communicate in a manner they would like to.

The lawyer must always be aware of the obligation to provide reasonable accommodations^[65] when interviewing and seeking input from the client and by applying to the court for adjustments to the proceedings to ensure their involvement. Applications could include having a support person accompany the client to court, allowing the client to testify via video link or in an informal setting, taking regular breaks during testimony, etc. – all of which can reduce the pressures on the client and facilitate successful litigation. Likewise, during interviews with the client, reasonable accommodations may include some of the same measures as well as arranging meeting times to suit the client, or meeting in the client’s space or another comfortable or non-threatening environment instead of at the lawyer’s office.