THE DUTY OF THE ADVOCATE TO THEIR CLIENT PHILLIP FRENCH Managing Risk in Advocacy Practice

Purpose of the Presentation Explore the nature of the relationship between an (individual) advocate and the person for whom they provide advocacy Propose some duties that ought to be considered inherent to such relationships Relatively unchartered territory  Approach – analyze the issue in terms of professional responsibility  Recognize – there are significant issues to be considered in this approach.

Session objectives Ask the question – Is advocacy a ‘profession’ and are advocates ‘professionals’? If so, what are the implications of this for advocacy practice? Specifically, what is to be expected of an advocate in terms of  Special knowledge  Skills  Judgement

Profession – Definition Contested, but Professionals Australia A disciplined group of individuals who adhere to high ethical standards and uphold themselves to, and are accepted by, the public as possessing special knowledge and skills in a widely recognized, organized body of learning derived from education and learning at a high level, and who are prepared to exercise this knowledge and these skills in the interests of others.

Key characteristics of a profession Special knowledge Skill and judgment Evolved ethical standards – external to employment context Commitment to service of others Public trust Autonomy Privilege Self-regulation of standards

Special knowledge Special knowledge of  Impairment and disability  Life circumstances and priorities of persons with disability  Specialist and generic service systems  Contemporary best –leading edge – practice in support service design etc  Human, legal and service user rights  Avenues of redress and remedies for violations of these rights  Human rights approach to advocacy

Skill Special skills in  Communication, including with persons with a range of communication related impairments Advocacy goal formulation – insight into immediate versus fundamental need Effective strategy development Instrumental competence in areas such as articulating claims, persuasion, negotiation etc Tenacity Resilience

Judgment (special judgment)  Selection of advocacy goals  Selection of advocacy strategies  Escalation of advocacy strategies  Adaptation of advocacy strategies  Avoiding/dealing with conflicts of interest  Working in an ‘other-directed’ or ‘non-directed’ context

Risks Professionals = stigma and disempowerment for many persons with disability Can bring rigidity and conservatism Self-regulation does not have a good track record – especially in human services

Conclusion Advocacy not (yet) a ‘profession’ – nor are advocates ‘professionals’ A goal worth striving for? In any event, the requirements for a professional are a good analogue for conceptualizing the duty of an advocate to their client Advocates have a responsibility to ensure that they possess the requisite special knowledge, and are able to exercise the skill and judgment necessary to justify the trust their clients and the community repose in them

IMPLICATIONS FOR ADVOCACY PRACTICE PHILLIP FRENCH Service Risks and Client Rights