habits of cross-cultural lawyering jean koh peters fall 2010

Habits of Cross-Habits of Cross-Cultural LawyeringCultural Lawyering

Jean Koh PetersJean Koh Peters

Fall 2010Fall 2010

The Four ThreesThe Four Threes

I. The Three StepsI. The Three Steps

A. Identify assumptions in our daily practice.

B. Challenge assumptions with fact.

C. Lawyer based on fact.

II. The Three Ghosts of II. The Three Ghosts of Diversity Trainings PastDiversity Trainings Past

A.A.Fear of being judged, by self Fear of being judged, by self or othersor others

B.B.Focus on teaching about Focus on teaching about non-white culture to white non-white culture to white peoplepeople

C. Unfair burdens on people C. Unfair burdens on people of colorof color

III. The Three Dynamics of III. The Three Dynamics of the Habitsthe Habits

1.1. NONJUDGMENT—the central NONJUDGMENT—the central theme of the daytheme of the day

2.2. ISOMORPHIC ATTRIBUTIONISOMORPHIC ATTRIBUTION

3.3. DAILY HABIT AND DAILY HABIT AND LEARNABLE SKILLLEARNABLE SKILL

IV. The Three PrinciplesIV. The Three Principles

A.A.All Lawyering is Cross-All Lawyering is Cross-CulturalCultural

B.B.Remain Present with This Remain Present with This Client Ever Respecting Her Client Ever Respecting Her Dignity, Voice, and StoryDignity, Voice, and Story

C.C.Know Oneself as a Cultural Know Oneself as a Cultural BeingBeing

Habit III:Habit III:Parallel Universe Thinking:Parallel Universe Thinking:

• Suspending conclusions & Suspending conclusions & judgmentsjudgments

• Enlarging & refracting Enlarging & refracting understandings of how the understandings of how the world worksworld works

• Suggesting inquiries for Suggesting inquiries for future understandingfuture understanding

• The Paradigmatic HabitThe Paradigmatic Habit

“Entering the cultural imagination

of the other”--Raymonde Carroll

“Down the rabbit hole”--Lewis Carroll

Generate Generate

multiple multiple

explanationsexplanations

for the same for the same

factsfacts

Habit One--ExerciseHabit One--Exercise

•Pick a client who looms Pick a client who looms large in your current large in your current consciousnessconsciousness

•Two Habit One experiences:Two Habit One experiences:–ImpressionisticImpressionistic–ListList

Habit One: Habit One: Degrees of Separation and Degrees of Separation and

ConnectionConnection1.1. Identifying Differences & Identifying Differences &

SimilaritiesSimilarities

– – effect on relationshipeffect on relationship

– – what questions get askedwhat questions get asked

2.2. Hot button Issues—Hot button Issues—accrue over timeaccrue over time

Habit Four:Habit Four:

Pitfalls, Red Flags And Pitfalls, Red Flags And Correctives Correctives

• The Client Communication HabitThe Client Communication Habit• Pay careful attention to:Pay careful attention to:

----scripts, especially those describing scripts, especially those describing the legal process,the legal process,--introductory rituals,--introductory rituals,--culturally specific information --culturally specific information about the client’s problemabout the client’s problem

• Default Corrective: Default Corrective: Seek a Seek a NarrativeNarrative

Habit Two: Habit Two: The Three Rings The Three Rings

– Connections and Separations Connections and Separations between Law & Legal System and between Law & Legal System and ClientClient

– Connections and Separations Connections and Separations between Community, Agencies, between Community, Agencies, other Problemother Problem

– The Problem-solving Habit—The Problem-solving Habit—perhaps the most Important perhaps the most Important oneone

Habit Five: Habit Five: The Camel’s BackThe Camel’s Back

•Jean’s Story—How it beganJean’s Story—How it began—Downstairs Ladies’ Room —Downstairs Ladies’ Room in Ruttenberg Hallin Ruttenberg Hall

•Nonjudgment begins at Nonjudgment begins at homehome

•The Redemptive HabitThe Redemptive Habit

Bibliography—Habits of Cross-Bibliography—Habits of Cross-Cultural LawyeringCultural Lawyering

(all available from Jean: (all available from Jean: jean.peters@yale.edu)jean.peters@yale.edu)

• Susan Bryant, Susan Bryant, The Five Habits: Building Cross-Cultural Competence in The Five Habits: Building Cross-Cultural Competence in Lawyers,Lawyers, 8 Clin. L. Rev. 33 (2001) 8 Clin. L. Rev. 33 (2001)

• Jean Koh Peters, “Representing the Child-in-Context: Five Habits of Jean Koh Peters, “Representing the Child-in-Context: Five Habits of Cross-Cultural Lawyering” Cross-Cultural Lawyering” inin REPRESENTING CHILDREN IN CHILD REPRESENTING CHILDREN IN CHILD PROTECTIVE PROCEEDINGS: ETHICAL AND PRACTICAL PROTECTIVE PROCEEDINGS: ETHICAL AND PRACTICAL DIMENSIONS, 3d Ed. (2007)DIMENSIONS, 3d Ed. (2007)

• Jean Koh Peters, Jean Koh Peters, Habit, Story, Delight: Essential Tools for the Public Habit, Story, Delight: Essential Tools for the Public Service AdvocateService Advocate, 7 Wash. U. J.L. & Pol'y 17 (2001), 7 Wash. U. J.L. & Pol'y 17 (2001)

• Bryant and Peters, Six Practices for Connecting with Clients Across Bryant and Peters, Six Practices for Connecting with Clients Across Culture: Habit Four, Working with Interpreters and other Approaches Culture: Habit Four, Working with Interpreters and other Approaches in in Marjorie Silver, Marjorie Silver, THE AFFECTIVE ASSISTANCE OF COUNSEL (2007)THE AFFECTIVE ASSISTANCE OF COUNSEL (2007)

• Bryant and Peters, Bryant and Peters, Five Habits for Cross-Cultural Lawyering, in Five Habits for Cross-Cultural Lawyering, in RACE, RACE, CULTURE, PSyCHOLOGY & LAW (2005). CULTURE, PSyCHOLOGY & LAW (2005).

• website, website, available at available at http://www.cleaweb.org/documents/multiculture.pdf http://www.cleaweb.org/documents/multiculture.pdf (under resources for clinical teachers).(under resources for clinical teachers).