ChannikaDeSilva Gonzalez specializes in environmental toxic tort law at Environmental Litigation Group, P.C. She helps asbestos exposure victims and their families by representing them and recovering compensation from bankruptcy trusts. She has represented clients throughout the State of Alabama in Social Security Disability Law. Channika has been a member of the Alabama Association for Justice and Birmingham Bar Association. 

We had a pleasure interviewing Channika. Here’s the candid conversation with her:

In your view, what are the major problems faced by the environmental tort law industry?

Well, I believe logistically proving Causation can drag out and delay toxic tort cases because the Plaintiff must show that the injury was caused by the substance at issue. The environmental tort law industry has to face unique litigation challenges, especially when litigating disputes such as direct personal injuries or challenging authenticity of public policies. Jurisdictional hurdles are commonly faced by environmental litigators and do not have standing because courts often conclude that environmental plaintiffs frequently claim the defendant’s action as harmful and against the public interest. 

Environmental tort cases often need to prove their legal significance so that court actions can prevent any future violations from the defendant. Sometimes, environmental cases get dismissed if the court believes that the plaintiff has not sustained any provable damage or harm. Environmental lawyers have to deal with serious ethical questions and also need to manage a balance between economic development and environmental protection. 

As an attorney, how much preparation do you do on files that are going for trial?

I assist with Discovery and going over questions with the clients. I handle all the paperwork that is required to get our clients in the bankruptcy trust system. A great amount of research is necessary to collect all the required information. I also do the fine legal part before we obtain the results. Apart from this, I listen carefully to my clients and try to consider all options while considering a client’s case. Above all, I always treat our client as a person and not as just another “case”. 

So, please share some of the highlights of your career so far?

One of the main highlights of my career that I would like to share is the sense of satisfaction and pleasure I derive while assisting Asbestos bankruptcy proceedings and Asbestos litigation. The field of legal research gives us amazing responsibility and the ability to help people where they have been injured and are hence liable to receive compensation. I believe that my career enables helping people that are injured or that need a voice, which is, in fact, an invaluable gift to me. 

According to you, what are the three main attributes that define success for an environmental lawyer?

As with all law practitioners, fundamental skills such as research and writing, negotiation, and oral advocacy are the three main attributes that are important to be successful as an environmental lawyer. 

We need to be risk-takers with creative thinking skills and we need to think out of the box, something like a detective. Effective communication both oral and written is a must for a successful environmental lawyer. In order to win trials in court, the ability to persuade others towards a specific viewpoint is important. Also, the attorney must prepare and collate a lot of details to build an effective case. Currently, there is not much infrastructure in place for us to follow, and thus we need to be creators in order to be successful as environmental lawyers. Lastly, as this field is a crossover between science and law, we need to be interested in science and apply the same to law, just like an investigator!

What challenges do you think law firms and environmental lawyers will have to adapt to in the coming years?

We, as environmental lawyers play a big role because environmental law is one such area that has a very minimal infrastructure in place to protect the people. While there is the Environmental Protection Agency (EPA) that puts forward great intentions but, it has not been funded in a proper way. Therefore, the responsibility of making a true difference falls on the attorneys. Possibly, the challenges will include handling large volumes of cases and still treating clients as individuals.

What advice would you like to give the students who are aspiring to take up the profession as an environmental lawyer?

I would like to advise the students that are aspiring to become an environmental lawyer that it is very important to be focused, diligent, organized and make a clear-cut plan. Environmental law is not everyone’s cup of tea; in fact, it is perfect for the energetic and creative individual who really wants to make a difference. You will not have a “life” for a few years while you are at law school. Do not let this deter you – you will achieve something remarkable with just some perseverance and grit.

It is not just easy to go against the chemical giants but it is one of the best and rewarding careers. Prospective students can find information regarding degree programs, examination preparation, professional networking, and career opportunities in this emerging field online. 

What would you like to advise the current law students?

There will be many times where you will want to quit. But, do not give up. At the end of your journey, your struggles will be worth it. As a student of law, you need to begin building your network as soon as possible. A good network helps by providing the most important professional support, acting as a resource for potential jobs, and a system for continuing education, which helps to stay updated in your field of law. Make sure you make the connections with care and nurture good friendship as this is quite important both professionally and personally. 

Thus, through this interview with Channika, we can infer that in a domain like environmental litigation, attorneys face a lot of complex challenges. Three major attributes namely- hard work, knowledge, and experience are invaluable to achieve justice.