Tân'si nitotemtik! A new topic came up today, as I received a super adversarial email from one of the Nation's lawyers and it inspired me to address this super important topic that they don't teach you in law school.

Law firms that practice "Aboriginal" or "Indigenous" law...
Can sometimes miss the mark with their clients. Whether culturally, socially or financially. Now, I'm not saying that law firms or lawyers that practice in this area who are not Indigenous should not or cannot hit the mark.
What I am saying it's that when working with Indigenous groups, specifically First Nations, lawyers need to be reminded that you are not our saviour. 9 times out of 10, we got it.

Since starting my practice, I've been SUPER concerned about the big business that is NDN law.
I've worked in enough workplaces (govt, boutique, large, in-house) now, that I've noticed it's the same wherever you go. Lawyers in NDN law are doing good work, don't get me wrong, but on the business side of the house, I really think there needs to be some oversight.
I've seen opposing counsel advance some very vexatious and legally questionable proceedings for their clients. On the other hand, I've seen some really creative arguments put forward by some of the most creative folx out there.

I don't really think there's an answer to this...
Sadly. Because I've seen some Nations being persuaded to make improvident decisions that have the potential to ruin them, and I've worked with lawyers who make openly racist comments (whether they recognize it or not). Lawyers are people at the end of the day, and we are..
Bound by a set of ethics. Heck, I've been treading really carefully on this thread. But if a lawyer is in "Aboriginal" or "Indigenous" law, I think you need to remember the people you are serving. You're not there to save us. You're there to work for, and with, us.
By thinking any other way, really discounts our agency as self-determining peoples. It's the same thinking that attached to the foundation of Canada (Royal Proc, Treaties, Indian Act etc.), and exists to this day.

We. Have. Always. Had. Agency. No proclamation or law took that.
Look at Treaty 6. The agency in that. The foremothers and forefathers deliberated internally, and negotiated vociferously for every single clause in the sacred relationship of Treaty 6.

So when a lawyer is working with Indigenous clients, I would hope the client keeps the lawyer
Reminded of this fact. Whether through reviewing the bills, asking for better work products, or negotiating out of contingency fees. Because Indigenous people are coming up in the law (schools, practice, bench), and will be more than happy to tell you what's what.
Ergo, the whole basis for this thread, was my receipt of a pretty rude letter from a law firm where they also boasted about how long they've been practicing (👴🏻), which I took as a "you're too young to understand" type of comment. To which I replied, inter alia:
"I will definitely bring this communication to Council for their review and consideration. I was also expecting to discuss this further, but the tone of your letter leaves me with the impression that this was best dealt with in writing."
So in sum, lawyers are people, Indigenous people are people, let's treat each other a little better.

Oh except the racists. Do a LOT fu**ing better. Ekosi
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