New firm aims to create ‘supportive environment’ for clients

Disability Law /
Courtney Mulqueen
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By Tony Poland, LegalMatters Staff • For York Region disability insurance lawyer Courtney Mulqueen, the guiding principles of her new practice have as much to do with how to serve clients as it does with winning cases.

“We are a trauma-informed disability law firm,” she tells LegalMattersCanada.ca. “We understand the impact of the trauma our clients have endured.

“Our philosophy is imperative to me,” adds Mulqueen, principal lawyer and CEO of Mulqueen Disability Law Professional Corporation. “Before we opened in April our staff was trained in the trauma-informed approach. How you deal with a client is just as crucial as the outcome. You can resolve a case and end up with an excellent result, but if the process was difficult for the client, then it is not quite as satisfying for them. Or for me.”

She says her team’s approach recognizes the impact trauma has had on clients.

“We create a safe and supportive environment for them,” says Mulqueen. “It involves understanding the effects of trauma on an individual’s behaviour, emotions and thinking patterns and integrating that knowledge into the legal representation and litigation process.”

Could be suffering from multiple disabling conditions

She says her clients may be disabled by a mental illness that could also include multiple disabling conditions. 

Some may be depressed or suffering from post-trauma stress disorder after struggling with illness and the inability to work, or as a result of the insurance company’s treatment and denial of their benefits, says Mulqueen.

“By the time they come to us they have probably suffered a great deal of anxiety because of the claims process and their conditions may have worsened,” she says. “They are suffering from deeply personal ailments and may be hesitant to open up to anyone. We try to alleviate their anxiety.”

Mulqueen says her firm has developed a philosophy to put clients at ease that includes:

Creating a Safe Space: Offering a physically and emotionally safe environment for clients that could include providing a private meeting room, not talking over or interrupting the clients and being mindful of body language.

Building Trust: Being honest, transparent and reliable in interactions. Listening actively and validating clients’ experiences and emotions.

Empowering Clients: Providing them with information to help them make informed decisions about their legal matters. That includes working collaboratively with clients to develop a plan of action that aligns with their goals and values.

Considering Cultural Background: Recognizing and respecting clients’ cultural backgrounds, experiences and perspectives. 

Understanding Trauma Responses: Being familiar with the common responses to trauma and how they might manifest in a legal setting. Being sensitive to triggers and avoiding actions that could re-traumatize clients, such as using aggressive language. Providing resources for trauma-informed care and referring clients to appropriate services when needed.

‘Good health is a privilege’

On her website, Mulqueen says “good health is a privilege and that it is our duty to ourselves, our families and our clients to take care of ourselves so that we can continue to serve others to the best of our ability.”

If she or her staff become ill or burn out, they cannot effectively serve their clients, she adds.

To provide effective representation, Mulqueen says it is essential for clients to feel not only feel heard and understood but also empowered.  

“Many times, people say their condition was made worse by what the insurance company has done. They have been through the wringer. It then becomes a matter of us taking on their burden and ensuring they feel supported,” she says. “We want them to understand they are the ones who are really doing something important by standing up for themselves and being part of the process.

“We provide a service where people feel empowered regardless of how severe their medical condition is, which we believe gives our clients the motivation to pursue their claim,” Mulqueen adds. “We assure them that we are going to step in and advocate for them so that they can focus entirely on their health, which is the real priority.”

Because many of the people she represents suffer from so-called “invisible injuries” that are often difficult to diagnose, they may feel they are not being heard, not only by the insurance company but by their employers, their doctors and even family and friends, she says.

“Some are stressed and so overwhelmed that they consider not pursuing a claim or just walking away when they have been denied benefits,” Mulqueen says. “They may go back to work too soon, which can make their condition even worse.

Litigation can ‘make things better’

​“Some clients believe litigation is going to be a long process,” she adds. “Some believe it will make things worse, when in fact it can actually make things better.”

Alleviating the sense of uncertainty that can come with the legal process is vital, says Mulqueen.

“Litigation can be a trigger for clients. They can be overwhelmed by the process,” she says. “How information is relayed is as important as the information itself so we serve as a buffer.”

Making people feel comfortable and acknowledged is key, she says.

“We have all had that experience where you are having a bad day and someone tells you their day is much worse or if you are upset, they tell you to shake it off. That typically only makes a person feel worse,” Mulqueen says. “Once clients realize we are not going to be so dismissive they are more inclined to be open up, which helps us present their case in a way that captures more of their situation. On the flip side, if they feel uncomfortable talking to us facts or evidence could be lost which may have been helpful.” 

Advantages to working with a boutique firm

When it comes to effective representation, she says there are definite advantages to working with a boutique firm.

“One important aspect is there will be very few people looking at a client’s personal medical records,” says Mulqueen. “Their file is not getting constantly passed around. They are dealing with the same people. That makes a difference because if they talk to someone new, they will have to go through their whole story again, which can be stressful.

“Being a small practice helps because we all know our clients and their cases extremely well,” she adds. “These people always know who they will be dealing with.”

Another advantage Mulqueen says she has is her experience working for insurance companies.

“I know exactly what questions they are going to ask in discovery and in what order,” she says. “I know how they are assessing a case. Based on my knowledge of how they work I know the information we need to provide to get the best outcome. That is important because insurers are notorious for not actually telling you what they need and without that information, they can justify offering a lower settlement.”

Embracing the challenge

Mulqueen says she has embraced the challenge of setting up her own practice, right down to designing and building her own website.

“I worked 18-hour days along with my regular duties. I put in hundreds of hours on the site,” she says. “It is 100 per cent me. It is my voice. And I have had some great feedback.”

Best of all, Mulqueen says the next step in her career has left her feeling “extremely energized.” 

“I get to do it my way. I can run things the way I want,” she says “I feel a new level of excitement and motivation. I am building a practice where I am going to be able to support clients in a way that will add value to their lives and help them financially while acknowledging them mentally and emotionally.

“Taking files built entirely by me from start to finish is so gratifying,” Mulqueen adds. “My hope is that my clients will look back at a dark time in their lives and be gratified that they fought for themselves. That they made the decision to hire a lawyer and go after the benefits they need and deserve. I want to inspire people to pursue these claims, no matter how unwell they may be, because it is possible to find justice.”