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Cross-Cultural Lawyering Training for Senior and Emeritus Attorneys

Facilitator’s Guide

FEERICK CENTER FOR SOCIAL JUSTICE FORDHAM LAW SCHOOL

Underwritten by The New York Community Trust

CROSS-CULTURAL LAWYERING FACILITATOR’S GUIDE

Acknowledgements

“How can pro bono volunteers establish rapport, build trust, communicate effectively and empower clients who are different in many ways from the volunteers?” Answers to that challenging question and much of the information and advice in the pages that follow were supplied by Attorney Emeritus Program volunteers, legal assistance staff, and clients who worked with pro bono volunteers. We thank them for their insights. We are grateful for the vigorous leadership and guidance provided by Justice Fern Fisher, Deputy Chief Administrative Judge for New York City Courts, in developing this cross cultural lawyering training, as well as the development of many other access to justice initiatives. This project would not have been possible without the abundant encouragement, understanding and underwriting provided by The New York Community Trust. Special recognition is due to Professor Susan Bryant of CUNY School of Law whose teachings provide the foundation and the blue print for building a cross-cultural law practice. Susan gave her ideas, expertise, energy and support to this project as well as some pragmatic and challenging advice:

Then what is reasonable for us to investigate from a client, to learn from a client? Often, we’re having one-shot interactions. We see many clients, one after the other … How can we really learn all of these cultural differences? The answer is we probably can’t. But we can be sensitive to different points of interaction and try to glean from the client as best we can whether they’re feeling comfortable, whether they appear to be forthcoming, whether they understand. And if we understand that we are bringing kind of default ways of operating that are not necessarily the way our clients would interact then that’s useful … that’s a useful starting place.

Feerick Center colleagues Laura Backus, John Feerick, Dora Galacatos, Ayanthi Gunawardana, Joanna Lane, Robert Reilly, Brandon Ruben, Fern Schair, Deena Schwartz, Wilma Tamayo-Abreu and Anting Wang provided much appreciated advice, perspective and support that helped advance this project.

Jerry Wein

July 2013

Cross Cultural Lawyering Training for Senior and Emeritus Attorneys


Table of Contents

Introduction ..................................................................................................................................... 4

Part One: Welcome, Introductions, and Training Goals ................................................................. 7

Part Two: Our Clients’ Lives .......................................................................................................... 8

Part Three: What does it mean to represent a client who comes from another culture? ............... 13

Part Four: Working with Diverse Clientele .................................................................................. 16

Part Five: ....................................................................................................................................... 21

Preparing for the First Client Meeting – Best Practices for Communicating ............................... 21

Effectively With Clients Who Are Different From the Volunteer ............................................... 21

Part Six: Final Thoughts/Evaluation ............................................................................................. 24

Background Readings on Cultural Competency ........................................................................... 25

Handouts Accompanying Cross Cultural Lawyering Training ..................................................... A

Training Program PowerPoint ........................................................................................................ B

DVD Transcripts ............................................................................................................................. C

© 2013 Feerick Center for Social Justice


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Cross Cultural Lawyering

Training for Senior and Emeritus Attorneys


Introduction This training is designed to be given as part of an orientation for senior and other pro bono attorney volunteers. It introduces participants to low-income clients who may be very different from the volunteer with respect to culture, age, race, physical ability, sexual orientation, English proficiency, income, education, gender identity, marital status, religious beliefs, and/or immigration status. The module focuses on poverty, its possible impacts on the attorney-client relationship, and how to communicate with clients more effectively in order to prepare attorneys for their first client meetings. The training relies on facilitator-guided participant discussion with limited lecturing and video used to enrich learning. To ensure that all participants have an opportunity to join the discussion, a facilitator to participant ratio of eight participants per facilitator is recommended. As presented here, the training duration is two hours. However, it can be tailored to meet different organizational needs and sections can easily be incorporated into other training efforts. Objectives

By the end of the module participants will: 1. Have an increased understanding of how differences between the attorney and client

may impact the attorney/client relationship. 2. Know some approaches and best practices for working effectively with clients who

are different from themselves.

Use of Video Clips

An accompanying DVD contains insights from clients, pro bono volunteers, law faculty and Feerick Center staff. Transcripts of the video clips are included as Appendix B of the materials.


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Recommendations for using particular video clips in each section of the training are provided in the facilitator notes. The facilitator may wish to review the transcripts and determine whether additional clips will be valuable for working with the particular audience being addressed.

The DVD includes the following chapters:

1. Establishing rapport; working with clients significantly different than the volunteer (13 clips)

2. How to check for understanding of advice (3 clips)

3. Why volunteer (6 clips) 4. Tips for working with

clients from a different culture—bridging the gap (10 clips) 5. Effective communication techniques—including working with limited English

proficient clients (6 clips) 6. Advice for new pro bono practitioners (5 clips) 7. Working with clients different from ourselves –an interview with CUNY law

professor Susan Bryant

Use of PowerPoint

If you are using the PowerPoint slides included with this curriculum, Facilitator’s Notes are provided under each slide. These notes mirror the Facilitator’s Notes included in this guide.

Handouts

The handouts for this session follow the Facilitator’s Notes and Instructions. Distribute all the handouts at the beginning of the training.

1. Handout #1 The Impact of Poverty 2. Handout #2 Aspects of Culture 3. Handout #3 Working with a Diverse Clientele 4. Handout #4 Cross Cultural Competency Q & A 5. Handout #5 Cultural Competence 6. Handout #6 Evaluation


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Annotated Session Agenda

Activity Time Allotted

Handouts\Video Resources

Slides

Part One: Welcome, Introductions, Training Goals Volunteers introduce themselves and discuss why they have chosen to perform pro bono work.

15 Video Option: Select from “Why Volunteer” Chapter

1-3

Part Two: The Impact of Poverty on Clients’ Lives Poverty data is introduced and participants consider what impacts poverty may have on clients as they interact with the legal system.

15 Handout #1 The Impact of Poverty Video Option: Select from “Why the Client needed Assistance” Chapter

4-10

Part Three: Working with a Client from another Culture A definition of “Culture” is provided and participants apply it first to the culture found in a hospital and then to culture found in legal settings.

30 Handout #2 Aspects of Culture Video Option: AEP Volunteer Jeremiah Quinlan on cultural differences. Professor Susan Bryant on Why Culture is Important to Law Practice.

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Part Four: Working with Diverse People Participants explore whether cultural differences have meaning in legal representation. Also discussed is the possible impact of past experiences with the justice system on clients.

30 Handout #3 Working with a Diverse Clientele Video Option: Select from “Tips for Working with Clients from a Different Culture” chapter. Professor Bryant on “the lawyer’s job”.

14-15

Part 5: Preparing for the First Client Meeting -- Best Practice for Communicating Effectively Best practices for communicating effectively with clients who are different from the volunteer are discussed.

20 Handout #4 Cross Cultural Competency Q & A Handout #5 Cultural Competence in the Context of Legal Representation Video Option: Select from “Establishing Rapport” Chapter

16-19

Part 6: Final Thoughts/Evaluation Participants evaluate the training experience and state one learning he or she is taking away from the program.

10 Handout #6 Evaluation Video Option: Professor Bryant on “Using Cultural Knowledge”

20-22


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Part One: Welcome, Introductions, and Training Goals Time: 15 Minutes Slides: 1- 3

Overview: Facilitator welcomes group, introduces self, and briefly reviews training program goals. Participants are asked to briefly describe their legal background and give one reason why they have chosen to do pro bono work. Facilitator acknowledges and thanks participants for volunteering and reviews the goals of the training program.

Facilitator Step by Step: 1. Welcome participants. Thank them for coming to the program and for volunteering. Note

that this is an interactive training that builds on the participants’ experiences and knowledge.

2. Briefly review training objectives. By the end of the module participants will: a. Have an increased understanding of how differences between the attorney and

client may impact the attorney/client relationship. b. Know some approaches and best practices for working effectively with clients

who are different from themselves. 3. Ask participants to briefly describe their legal background and give one reason why they

have chosen to do pro bono work. The facilitator has the option of showing one or more video clips.

Video Option

There are 6 clips available in the DVD chapter “Why Volunteer”: Sania Metzker: “An Obligation and A Privilege” Attorney Emeritus Volunteer Sania Metzker cites her family tradition of public service and giving back to the community. Janet Connolly: “Playing Bridge and Improving the World” Janet Connolly, an Attorney Emeritus Volunteer, explains how even intellectual property lawyers can provide pro bono services. Pat Castellan: “Empowering People to Help Themselves” Following a career at Exxon, Attorney Emeritus Volunteer Pat Castellan cites the rich rewards of empowering others. John Feerick: “I Should Have Done More” John Feerick, Feerick Center Founder and Senior Counsel, notes that the most difficult public service is the most purposeful and meaningful. Dora Galacatos: “The Necessities of Life” Feerick Center Director Dora Galacatos invites lawyers to use their skills to help people stay in their homes, keep their children and achieve economic security. Robert Reilly: “At the End of the Evening Everyone is Smiling” Fordham Law School Assistant Dean Robert Reilly remarks on the professional satisfaction Emeritus volunteers receive and the camaraderie they experience.


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Part Two: Our Clients’ Lives

Time: 10 minutes Handout #1 The Impact of Poverty Slides: 4 - 10

Overview: Through poverty data and discussion participants examine poverty and its impacts. Most current New York State and New York City poverty data is included in the training materials and the group is presented with a definition of poverty to discuss. Facilitator Step by Step:

1. Facilitator briefly

presents recent poverty data. However, what this part of the training is trying to get at is not that there is poverty, but rather what the impacts of poverty may be on people experiencing it, and finally what, if any, impact there may be on the relationship between the client and the pro bono attorney. Show (click through without comment) the poverty data slides, letting participants read them.

Poverty Data with References

According to the 2011 Poverty Report1

• More than 2.6 million New Yorkers struggle in households with incomes below the federal poverty line. 1.6 million lived in New York City; 1.8 million relied on food stamps.

prepared by the New York State Community Action Association:

• More than 866,000 children live in poor households. • 11.6% of senior citizens live in poverty in New York State. • More than 1.7 million New Yorkers do not have health insurance.

According to a 2010 report from the Working Poor Families Project:

• 70.2% of New York families with income under 200% of the poverty level are working.2

• In New York City the 2010 census data put the city’s foreign born population at more than three million (37.2%) and revealed that half of New Yorkers age 5 and older do not speak English at home.

1 New York State Poverty Report, New York State Community Action Association, August 2011 http://www.nyscommunityaction.org/PovReport/2011/2011PovReportWeb.pdf. 2 http://www.workingpoorfamilies.org/states/popups/new_york.html.

http://www.nyscommunityaction.org/PovReport/2011/2011PovReportWeb.pdf�

http://www.workingpoorfamilies.org/states/popups/new_york.html�


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More than 2.3 million litigants still attempt to navigate the complex civil justice system without a lawyer each year. Representation by counsel is unavailable for all but a very small fraction of tenants in eviction cases in all four Judicial Departments, borrowers in thousands of consumer credit cases filed in New York City, and parents in child support matters in rural, suburban, and urban areas.3

Living Below the Poverty Level4

• 2011 federal census data shows that 6,498,000 New Yorkers are living at or below 200 percent of the poverty level — which is 33.6 percent of the residents of the State.

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• For New York City, the percentage for residents living below 200 percent of the federal poverty level in 2011 was even higher at 41 percent. Nearly 21 percent of City residents are now living at or below 100 percent of the federal poverty rate.

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3 See Task Force To Expand Access To Civil Legal Services In New York, Report To The Chief Judge Of The State Of New York (2010) available at http://www.nycourts.gov/ip/access-civil-legal-services/PDF/CLS-TaskForceREPORT_Nov-2012.pdf 4 When most people talk about the poverty level or poverty line, they are usually referring to the Federal poverty guidelines. This is the definition of poverty issued each year by the Department of Health and Human Services (HHS). It's used to determine who receives federal subsidies or aid. There are two slightly different versions of the federal poverty measure: the poverty thresholds, and the poverty guidelines. The poverty thresholds are the original version of the federal poverty measure. They are updated each year by the Census Bureau. The thresholds are used mainly for statistical purposes — for instance, preparing estimates of the number of Americans in poverty each year. The poverty guidelines are the other version of the federal poverty measure. They are issued each year in the Federal Register by the Department of Health and Human Services. The guidelines are a simplification of the poverty thresholds for use for administrative purposes — for example, determining financial eligibility for certain federal programs. When using the poverty guidelines to set eligibility criteria, some programs use a percentage multiple of the guidelines, such as 125 percent or 185 percent. This is not the result of a single coherent plan; instead, it stems from decisions made at different times by different congressional committees or federal agencies. 5 See, e.g., Current Population Survey: Poverty Status by State 2011, UNITED STATES CENSUS BUREAU, http://www.census.gov/hhes/www/cpstables/032012/pov/POV46_001_185200.htm (last visited Nov. 14, 2012).

6 See, e.g., ALLIANCE FOR A GREATER NEW YORK, Poverty in New York City: Borough Analysis of Data from the US Census Bureau’s 2011 American Community Survey (2012), http://www.alignny.org/wp-content/uploads/ 2012/09/NYCPoverty-Report-2012.pdf.

http://www.nycourts.gov/ip/access-civil-legal-services/PDF/CLS-TaskForceREPORT_Nov-2012.pdf�

http://www.nycourts.gov/ip/access-civil-legal-services/PDF/CLS-TaskForceREPORT_Nov-2012.pdf�

http://useconomy.about.com/od/fiscalpolicy/tp/Subsidies.htm�


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2012 Poverty Guidelines for the 48 Contiguous States and the District of Columbia7

Persons In Family/Household

Poverty Guideline 100%

Poverty Guideline 200%

1 $11,170 $22,340 2 $15,130 $30,260 3 $19,090 $38,180 4 $23,050 $46,100 5 $27,010 $54,020 6 $30,970 $61,940 7 $34,930 $69,960 8 $38,890 $77,980

7 This chart is based on the Federal Poverty Guidelines for 2012, which can be found at the U.S. Department of Health and Human Services website. See 2012 HHS Poverty Guidelines: One Version of the [U.S.] Federal Poverty Measure, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, http://aspe.hhs.gov/poverty/12poverty.shtml (last accessed Feb. 20, 2013).

http://aspe.hhs.gov/poverty/12poverty.shtml�


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2. Facilitator introduces definition of poverty used by the United Nations. (Slide 8 )

Fundamentally, poverty is a denial of choices and opportunities, a violation of human dignity. It means lack of basic capacity to participate effectively in society. It means not having enough to feed and clothe a family, not having a school or clinic to go to, not having the land on which to grow one’s food or a job to earn one’s living, not having access to credit. It means insecurity, powerlessness and exclusion of individuals, households and communities. It means susceptibility to violence, and it often implies living in marginal or fragile environments, without access to clean water or sanitation.8

Facilitator notes that the United Nations provides a global

definition of poverty. Optional discussion question, “What is the nature of poverty and economic hardship in the United States?”

3. Facilitator asks participant to discuss:

a. What conditions of poverty might our clients experience? Facilitator Resource: See excerpt from Brookings Institute study on the next page.

b. Put yourself in the shoes of someone experiencing the conditions raised in

response to question #1. What impact, if any, do these conditions have on your ability to: 1) Seek and obtain legal counsel? 2) Make following legal advice a priority? 3) Keep appointments with your attorney? 4) Understand and respond to court processes? 5) Respond to and work with government bureaucracies?

8 "Indicators of Poverty & Hunger", United Nations. Retrieved 2011-05-27.

Video Option

There are 6 clips in the DVD Chapter, “Why the Client Needed Assistance”. In the first clip, client Carlos Olmedo, recalls how losing his job led to difficulties. Confronted with the legal system he notes, “I was depressed, worried, because I was totally ignorant of the system and the language, which I find a bit complicated. In one word I felt abandoned.”

http://www.un.org/esa/socdev/unyin/documents/ydiDavidGordon_poverty.pdf�


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Video Option

There are 6 clips in the DVD Chapter, “Why the Client Needed Assistance”. In the first clip, client Carlos Olmedo, recalls how losing his job led to difficulties. Confronted with the legal system he notes, “I was depressed, worried, because I was totally ignorant of the system and the language, which I find a bit complicated. In one word I felt abandoned.”

Facilitator Resource: Impacts in High Poverty Communities A 2011 Brookings Institute study notes these impacts in high poverty communities: Limited educational opportunity. Children in high-poverty communities tend to go to neighborhood schools where nearly all the students are poor and at greater risk of failure, as measured by standardized tests, dropout rates, and grade retention. Low performance may be due not only to family background, but also to the negative effects high-poverty neighborhoods have on school processes and quality. Teachers in these schools tend to be less experienced, the student body more mobile, and additional systems must often be put in place to deal with the social welfare needs of the student body, creating further demands on limited resources. Increased crime rates and poor health outcomes. Crime rates, and particularly violent crime rates, tend to be higher in economically distressed inner-city neighborhoods. Faced with high crime rates, dilapidated housing stock, and the stress and marginalization of poverty, residents of very poor neighborhoods demonstrate a higher incidence of poor physical and mental health outcomes, like asthma, depression, diabetes, and heart ailments. Reduced private-sector investment and increased prices for goods and services. High concentrations of low-income and low-skilled households in a neighborhood can make the community less attractive to private investors and employers, which may limit local job opportunities and ultimately create a “spatial mismatch” between low-income residents and employment centers. In addition, lack of business competition in poor neighborhoods can drive up prices for basic goods and services—like food, car insurance, utilities, and financial services—compared to what families pay in middle-income neighborhoods. Raise costs for local government. The concentration of poor individuals and families—which can result in elevated welfare caseloads, high rates of indigent patients at hospitals and clinics, and the need for increased policing—burdens the fiscal capacity of local governments and can divert resources from the provision of other public goods. In turn, these dynamics can lead to higher taxes for local businesses and non-poor residents.

http://www.brookings.edu/~/media/research/files/papers/2011/11/03%20poverty%20kneebone%20nadeau%20berube/1103_poverty_kneebone_nadeau_berube.pdf

http://www.brookings.edu/~/media/research/files/papers/2011/11/03%20poverty%20kneebone%20nadeau%20berube/1103_poverty_kneebone_nadeau_berube.pdf�

http://www.brookings.edu/~/media/research/files/papers/2011/11/03%20poverty%20kneebone%20nadeau%20berube/1103_poverty_kneebone_nadeau_berube.pdf�


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Facilitator Resource: Values and Norms A culture's values are its ideas about what is good, right, fair, and just. Norms are the specific cultural expectations for how to behave in a given situation. They are the agreed-upon expectations and rules by which the members of a culture behave. Norms vary from culture to culture, so some things that are considered norms in one culture may not be in another culture. For example, in the U.S. it is a norm to maintain direct eye contact when talking with others and it is often considered rude if you do not look at the person you are speaking with. In Asia, on the other hand, averting your eyes when conversing with others is a sign of politeness and respect while direct eye contact is considered rude. Another easy example: the cultural norm when getting on an elevator is to step in and turn around to face the door. Breaking this norm would be facing in towards the crowd. Try it and see how uncomfortable it makes everyone.

Part Three: What does it mean to represent a client who comes from another culture? Time: 30 minutes Handout #2 Aspects of Culture Slides: 11 - 13

Overview: Facilitator introduces a definition of “culture”. Participants discuss first, what hospital culture consists of and then, what court culture consists of.

Facilitator Step by Step:

1. Refer participant to Handout #2 Aspects of Culture. Review the definition of culture.

Culture consists of a body of learned beliefs, traditions, and guides for behaving and interpreting behavior that are shared among members of a particular group. It includes values, beliefs, customs, communication styles and language, behaviors, practices, and institutions. The visible aspects of a culture include clothing, art, buildings, food; the less visible aspects of culture include values, norms, worldviews, and expectations.

2. Ask the group to apply the above definition to the culture found in a hospital by filling in this chart:

Hospital Culture

Examples

Clothing Values Communication styles and language

Norms Attitudes

3. Have the participants answer the question found below the chart: What are two things that are helpful for a patient to know when interacting with the hospital (medical) culture?


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4. Play Video Clip of Attorney Emeritus Volunteer Jeremiah Quinlan – “very different background.”

5. Repeat Step 3 in the context of court culture. The AEP volunteer states that he can explain to clients “what the culture of the court is”. Ask participants to consider the definition of culture discussed earlier when applied to the culture found in a trial level court room and answer the question posed below the chart.

What is helpful for a client to know when interacting with the court (legal) culture?

6. Conclude this part of the program by showing the video clip of CUNY Law Professor Susan Bryant discussing the importance of culture to law practice.

Court Culture Examples Clothing Values Communication styles and language

Norms Attitudes

Well you know when you first meet these clients the first thing you have to understand is, and I think most people do but you have to think about it for a while is, they are very different from the background I came from. I came from an Irish Catholic American background. I was Jesuit trained in college and law school, and the clients that I see now are from very different backgrounds, it is almost impossible to classify them because they are so very different. You spend as much time as you can with them, at least I do, and I think you have to make an initial impression that you know what you are doing but they come from such a different culture that you really have to show them the utmost respect and patience and that’s what I would say to anybody to start off with. To talk about the cross cultural differences is just too complicated, so respect and calmness I think is the initial thing. I can’t in a snapshot figure out the client’s culture because every country has a different culture even though there might be similarities. Every country in Africa, every country in the Caribbean, every country in South America, wherever, Eastern Europe. But what I can explain to them what the culture of the court is, because that is something I have lived for 35 years plus.


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Facilitator Resource: Professor Susan Bryant on Why is Culture Important to Law Practice?

Why is culture important to law practice? First of all, I’d start by saying law practice is cultural. And, in a sense, every interaction with a client is cross cultural. Lawyers have a way of thinking, we have our own language, we think about facts a little bit differently, we think about authority a little bit differently and, certainly, our court rooms have a cultural ritual. We address one another differently than we do when we’re out on the street.

The law itself is a culture … so we could say all lawyers work cross culturally and it’s important for us to know what about our culture might be foreign to anybody who’s not a lawyer. So then we’ll layer on how other cultures than the lawyers culture might interact with what we’re trying to do with clients.

So why is culture important? Different cultures have very different ideas about who should be involved in a law suit. The United States legal culture is highly individualistic, for example. Our rights flow to individual people. One person signs a lease. One person gets involved in a car accident. A mother is the person who’s supposed to make decisions about her child. But in some cultures, collective cultures, the grandmother is involved with the decision with the child, the sister has to decide whether or not to resolve the tort case, because it’s a family affair, it’s not an individual affair.

Credibility: you and I are looking each other in the eye. We’re having a straight conversation, right? But, actually, I might be talking to you like this. You’re a person of high respect, you’re very educated, you’re a man, I’m a woman. It might not be appropriate for us to look each other in the eye.

Now, if you come from a culture where we look each other in the eye when we’re telling each other the truth, what do you understand when I’m looking at you like this. You understand that I’m not telling you the truth.

So how we interpret behavior is very cultural. And understanding some of these cultural concepts, like, individualism versus collectivism, like, how could we misunderstand what somebody says, because we attribute different meanings to the same set of circumstances. So that’s why culture matters, paying attention to those cultural markers can matter.


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Part Four: Working with Diverse Clientele Time: 30 minutes Handout #3 Working with Diverse Clientele Slides: 14-15

Overview: The facilitator moves the discussion to consider how pro bono clients may be different from other clients the participants have worked with culturally and in other ways. Facilitator may need to prompt the group on elements of diversity such as: age, gender, ethnicity, race, physical ability, sexual orientation, physical characteristics, income, education, marital status, religious beliefs, geographic location, parental status, personality type, military experience, and immigration status. The graphic (below) is a helpful reference. Optional question for participants: What three dimensions have had a significant impact on who you are today? Optional exercise: Pair off participants to briefly share their answers with each other. Finally participants discuss what the impact of those differences might be in performing pro bono service.

Facilitator Resource: Dimensions of Diversity


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Facilitator Step by Step:

1. Refer participants to Handout #3 Working with Diverse Clientele and ask them to fill in the chart. Their answers can be processed in the large group or you can break the group into pairs to compare their responses.

Working with Diverse Clientele Handout #3

When you begin your volunteer work you will be meeting with clients who may be very different from you. In what ways may your client be different? In what ways may your client be the same?

Differences Similarities

2. Discussion questions for group:

Do differences have meaning when representing someone? For example, does the fact that you are a different race or gender or religion or come from a different economic background than your client make a difference? What if your client is not proficient in English? What if your client is disabled? See the “Differences in Cultural Values” table on the next page.

What contacts do you think your client may have had in the past with lawyers, courts or police officers? What impact, if any, will those prior contacts have on how your client approaches you and the justice system?


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Differences in Cultural Values

Are You From a Culture That Values: Or One That Values:

What may be the Impact of Differences in Cultural Values on the Attorney-Client Relationship?

Individualism Collectivism/Group

Achievement Modesty

Equality/Egalitarianism Hierarchy

Winning Collaboration/Harmony

Guilt (internal self-control) Shame (external control)

Pride Saving face

Respect for results, competence

Respect for status, elders

Time is money Time is life

Action/Doing Being/Acceptance

Tasks Relationship/Loyalty

Informal Formal

Directness/Assertiveness Indirectness

Future/Change Past/Tradition

Control Fate

Specific/Linear Holistic

Verbal Non-verbal


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Video Option

Tips For Working with Clients from a Different Culture—Bridging the Gap (10 clips). The trainer can play one or more of these clips to spur discussion. Sania Metzker, Attorney Emeritus Volunteer – “Distrust of Authority” Many of our clients come in and there can be a distrust of authority. There's a sense that the institutions that are in existence aren't there to serve fairly. They're not there to serve equally. There's a sense that these institutions may minimally provide services, but they're not overly enthused about having to cater to new groups and people who don't speak English and so forth and so on. So I think trust is a major issue, which is why one of the things I like to do is to show the client respect and I think one way you can show the client respect is by acknowledging whatever they've done on their case. If they've come in with their papers, you acknowledge that. You validate that. You give them credit for that and you really underscore the fact that they have indeed taken some important steps in advocating for themselves. Dora Galacatos, Executive Director of the Feerick Center for Social Justice – “Apprehensive and Uncomfortable” I think one thing to think about is the client might be apprehensive. May be curious about what the consultation might be like. Might be worried that she is not going to understand you. Might be, she might even be distrustful. She has come maybe to a legal office or a court house where she may have had a negative experience so be mindful that the person might be apprehensive and uncomfortable. And shy. Pat Castellan, Attorney Emeritus Volunteer – “Give them Hope” There are times that I see the client comes in who, when they first - the first visit or so, they're quite - I would say quite upset and don't know exactly what's going on and I think part of our goal is to calm them down, make sure that they see that there's a light at the end of the tunnel, make sure they understand what their defenses are that many times that the plaintiff, the other party really doesn't have or just most likely won't be able to prove the case against them so just bear with it, go through the steps and maybe stand your ground. Don't feel that this is the end of the world and giving them the hope that they shouldn't fear - they shouldn't be totally perplexed by the situation. I think you smile at them first of all. … I think you have to create some sort of rapport. How are you today, the weather or whatever? Just make them feel comfortable in your presence. I think that's a good first step because, if they don't, they're not going to be comfortable listening to you and the information that you're going to disseminate.


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3. A good clip to conclude this section is Professor Bryant discussing “the lawyer’s

job”.

Video Option

Professor Susan Bryant on the lawyer’s job. . . So the question of what really is the lawyer’s job, do we define ourselves as experts in the legal culture or do we have some responsibility to broaden ourselves to understand our clients’ culture and how they might be reacting to the legal culture. Is that really our job? And how would we do that if it was our job, right? It’s hard. I think if we’re trying to explain … if one of our jobs is to explain the legal culture to a client, to explain what’s going to happen or why it’s going to happen, or to get that client to trust that we really understand what they’re bringing to us, we need to be culturally aware of where we start, just to understand that not everybody starts in the same place. That’s kind of like a first step.

Then what is reasonable for us to investigate from a client, to learn from a client? Often, we’re having one-shot interactions. We see many clients, one after the other. How can we really learn all of these cultural differences? And the answer is we probably can’t. But we can be sensitive to different points of interaction and try to glean from the client as best we can whether they’re feeling comfortable, whether they appear to be forthcoming, whether they understand. And if we understand that we are bringing default ways of operating that are not necessarily the way our clients would interact then that’s useful … that’s a useful starting place.


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Part Five: Preparing for the First Client Meeting – Best Practices for Communicating Effectively With Clients Who Are Different From the Volunteer Time: 30 minutes Handout #4 Cross Cultural Competency Q & A Handout #5 Cultural Competence in the Context of Legal Representation Slides: 16-19 Overview: Through client video, brief facilitator presentation and group discussion, participants focus on best communication practices in client meetings. Suggestions for communicating effectively with clients who do not speak English or are have limited English proficiency are also reviewed. Facilitator notes that in interviewing, most lawyers understand the need to build rapport with the client, gather information to determine the legal problem, help the client determine goals and set up next steps. Volunteers don’t need to be lectured on, for example, the need to communicate clearly or active listening. This segment of the training is designed to concretely connect the dots, i.e., what should the volunteer do differently in communicating with diverse clientele? What additional questions might a volunteer need to ask? How might the volunteers go about checking to see if the client understands the advice they have been given? The facilitator leads the group through some basic concerns. The video includes discussion on what pro bono volunteers do to create an atmosphere that effectively supports clients and enables effective communications. Facilitator Step by Step:

1. “This is the final section of the training. Let’s discuss how to concretely apply some of the concepts we have been discussing.”

2. Begin by posing the first question in Handout #4: How can I see the world through my client’s eyes? Work through the other handout questions or respond to questions raised by participants. While suggested answers are included in the handout, encourage the volunteers to give their own ideas on how to establish rapport, build trust, empower the client, work with limited English proficient clients, etc. You can intersperse video clips to stimulate discussion. Suggestions are given in the video options box.

3. Conclude this section by reviewing Handout #5 Cultural Competence in the Context of Legal Representation, which hopefully summarizes what the training has covered. Developing cross-culturing competence as a volunteer is a continuous developmental process.


22

Sometimes, Anaïs Nin wrote, “We don’t see things as they are - We see things as we are.”

Elements of Cultural Competence in the Context of Legal Representation: • Awareness and acceptance of cultural differences • Knowledge of one’s own cultural values • Recognition that people of different cultures may have different ways of

communicating, behaving, interpreting and problem solving • Recognition that cultural beliefs and behaviors may impact a client’s legal beliefs

and interactions with legal professionals • An ability and willingness to adapt the way one works to fit the client’s cultural

background in order to provide the highest quality legal assistance

Levels of Cross-Cultural Competence

1. Limited or no insight about the influence of culture on legal representation 2. Minimal emphasis on culture in legal setting 3. Acceptance of the role of cultural beliefs, values, and behaviors on the client’s

understanding and interactions with the legal system 4. Incorporation of cultural awareness into daily legal practice 5. Integration of attention to culture into all areas of professional life

Facilitator Resource: Questions on the way to Cross-Cultural Competency

Cultural Knowledge: Who am I and who is in my world? What are my values, beliefs, norms, customs, traditions, styles, biases, stereotypes, and behaviors? (Who am I?) What are other’s values, beliefs, norms, customs, traditions, styles, biases, stereotypes, and behaviors? (Who is in my world?)

Cultural Awareness How are my values, beliefs, norms, customs, traditions, styles, biases, stereotypes, and behaviors the same or different from others?

Cultural Sensitivity Am I open to accepting and respecting differences? What are the challenges for me as a volunteer?

Cultural Competence What adjustments both in the way I think and behave do I need to make in order to effectively operate in a different cultural context? What additional cultural knowledge, awareness, and/understanding do I need?


23

Video Option

Attorney Emeritus Program Client – “Identifying with the Client” One of the most wonderful things that I have found in relating to other human beings, whether in the law or people that I have had to have in my life who are in difficulty, is to … is to identify with that person, to let that person feel that, yes, I myself have had difficulties in my life. I’m sure you have had a difficulty in your life of some kind, which that little story might just break the ice, might just have that person feel that they’re not being patronized but they’re being helped by someone who is compassionate and caring. And so by relating that way you are doing a wonderful thing because you’re not just dealing with the law, you’re making that human being walk out of that session with you feeling … instead of feeling like a worm on the ground being squashed by the bankers, to feel that they’re … they have some rights here, and they have a way to deal with it and they have you to turn to. Jeremiah Quinlan, Attorney Emeritus Volunteer – “Shake their Hand” Well the first thing I do is I stand up and shake their hand and introduce myself and the second thing I do as I repeated already is I say to them I am going to spend as much time as it takes to help you today. Wilma Tamayo-Abreu, Administrative-Programmatic Coordinator Feerick Center for Social Justice – “Say something about your Own Problems” In my own experience I think I can say that when you are meeting somebody for the first time no matter if the person speaks English or speaks another language it is always very important that you can look at a person, to their eyes, shake their hand, be courteous, smile. Good morning, good afternoon. It is always very important. Always good to, if there is an opportunity for the attorney say something about their own problems because sometimes we just listening to the persons problems and issues and they feel I am being interrogated. But you can add to the conversation some of your own issues. You can say I feel sorry for what is happening to you, I haven’t had those issues but I have been in situations where I have felt uncomfortable. And I feel that you know the world is crumbling on me but there is help.


24

Part Six: Final Thoughts/Evaluation Time: 10 minutes Handout #6 Evaluation Slides: 20-22

Overview: After showing video of Professor Bryant discussing how to use cultural knowledge, facilitator asks each participant to state one learning he or she is taking away from the training. Participants complete evaluation form. Facilitator Step by Step:

1. Move toward closing the program. “We are nearing the end of the training. Thanks again for taking the time to be here and sharing your experience and perspective.”

2. Play video of Professor Bryant discussing “Using Cultural Knowledge”, which provides an overall approach to using cultural information.

3. We’re going to go around the room one more time. Please share one learning you are taking away from this program.

4. “Please take a few moments to complete the evaluation (Handout #6).”

Video Option

Professor Susan Bryant on Using Cultural Knowledge

So we have a little bit of cultural knowledge and how do we usefully use it? … Let’s just start with the observation, if you have siblings … I, for example, happen to be blessed with ten siblings. I am one of eleven. And anybody who meets the eleven of us always says, “What’s really interesting is you’re all different.” Same mother, same father, same family, same family culture, we are all different.

So it’s important to remember at the same time that we’re building cultural knowledge, that we’re being culturally sensitive, that the same two people coming from the same culture are not going to respond in the exact same way.

We use cultural knowledge to help us expand our ideas about what might be going on, but it’s always checking in with the individual who is sitting in front of us for what is going on for them.

Cultural knowledge helps us interpret better but it’s not a substitute for what’s going on with this person.


25

Background Readings on Cultural Competency Boutin-Foster, Carla, Jordan C. Foster, and Lyuba Konopasek. Viewpoint: Physician, Know Thyself: The Professional Culture of Medicine as a Framework for Teaching Cultural Competence, Academic Medicine, Vol. 83, No. 1 / January 2008 http://www.cornellpediatrics.org/bm~doc/physician-know-thyself-th.pdf Bryant, Susan. The Five Habits: Building Cross-Cultural Competence in Lawyers, 8 CLINICAL L. REV. 33 (2001) Bryant, Susan J. and Jean Koh Peters. Six Practices for Connecting with Clients Across Culture: Habit Four, Working with Interpreters and Other Mindful Approaches, in The Affective Assistance of Counsel: The Law As A Healing Profession, edited by Marjorie Silver, 2007 Cummings, Scott L. and Deborah L. Rhode, Managing Pro Bono: Doing Well by Doing Better, 78 Fordham L. Rev. 2357 (2010) http://ir.lawnet.fordham.edu/flr/vol78/iss5/9 Miller, Nelson P. Beyond Bias—Cultural Competence as a Lawyer Skill, Michigan Bar Journal, June 2008 http://www.michbar.org/journal/pdf/pdf4article1367.pdf

Myers, Verna A. Moving Diversity Forward: How to Go from Well-Meaning to Well-Doing, American Bar Association. (2011) Romanello, ML and K. Holtgrefe. Teaching for Cultural Competence in Non-diverse Environments, The Internet Journal of Allied Health Sciences and Practice, Oct 2009, Volume 7 Number 4

http://ijahsp.nova.edu/articles/vol7num4/Romanello.htm

Seville, Marci. “Chinese Soup, Good Horses, and Other Narratives: Cross-Cultural Competence before We Preach” (2011). Publications. Paper 440.

http://digitalcommons.law.ggu.edu/pubs/440

Silver, Marjorie A. Emotional Competence, Multicultural Lawyering and Race, 3 FLA. COASTAL L.J. 219 (2001-2002) http://digitalcommons.tourolaw.edu/cgi/viewcontent.cgi?article=1054&context=scholarlyworks Thao, Mayia and Mona Tawatao. Developing Cultural Competence in Legal Services Practice, 38 CLEARINGHOUSE REV. 244 (2004) United Spinal Association, Disability Etiquette, Tips On Interacting With People With Disabilities, 2011 http://www.unitedspinal.org/pdf/DisabilityEtiquette.pdf

http://www.cornellpediatrics.org/bm~doc/physician-know-thyself-th.pdf�

http://ir.lawnet.fordham.edu/flr/vol78/iss5/9�

http://www.michbar.org/journal/pdf/pdf4article1367.pdf�

http://ijahsp.nova.edu/articles/vol7num4/Romanello.htm�

http://digitalcommons.law.ggu.edu/pubs/440�

http://digitalcommons.tourolaw.edu/cgi/viewcontent.cgi?article=1054&context=scholarlyworks�

http://digitalcommons.tourolaw.edu/cgi/viewcontent.cgi?article=1054&context=scholarlyworks�

http://www.unitedspinal.org/pdf/DisabilityEtiquette.pdf�

Handouts Accompanying Cross Cultural Lawyering Training

I. Handout #1 The Impact of Poverty II. Handout #2 Aspects of Culture

III. Handout #3 Working with a Diverse Clientele IV. Handout #4 Cross Cultural Competency Q & A V. Handout #5 Cultural Competence

VI. Handout #6 Evaluation

Cross Cultural Lawyering Training Handout #1

1

The Impact of Poverty

Recent Poverty Data

According to the 2011 Poverty Report1

prepared by the New York State Community Action Association:

• More than 2.6 million New Yorkers struggle in households with incomes below the federal poverty line.

1.6 million lived in New York City. 1.8 million relied on food stamps.

• More than 866,000 children live in poor households. • 11.6% of senior citizens live in poverty in New York State. • More than 1.7 million New Yorkers do not have health insurance.

According to a 2010 report from the Working Poor Families Project

• 70.2% of New York families with income under 200% of the poverty level are working.2

• In New York City the 2010 census data put the city’s foreign born population at more than three million (37.2%) and revealed that half of New Yorkers age 5 and older do not speak English at home.

More than 2.3 million litigants still attempt to navigate the complex civil justice system without a lawyer each year. Representation by counsel is still unavailable for all but a very small fraction of tenants in eviction cases in all four Judicial Departments, borrowers in thousands of consumer credit cases filed in New York City, and parents in child support matters in rural, suburban, and urban areas.3

1 New York State Poverty Report, New York State Community Action Association, August 2011 http://www.nyscommunityaction.org/PovReport/2011/2011PovReportWeb.pdf. 2 http://www.workingpoorfamilies.org/states/popups/new_york.html. 3 See Task Force To Expand Access To Civil Legal Services In New York, Report To The Chief Judge Of The State Of New York (2010) Available At http://www.nycourts.gov/ip/access-civil-legal-services/PDF/CLS-TaskForceREPORT_Nov-2012.pdf.

http://www.nyscommunityaction.org/PovReport/2011/2011PovReportWeb.pdf�

http://www.workingpoorfamilies.org/states/popups/new_york.html�


2

The Poverty Level

2011 Federal census data shows that 6,498,000 New Yorkers are living at or below 200 percent of the poverty level — which is 33.6 percent of the residents of the State. 4

For New York City, the percentage for residents living below 200 percent of the federal poverty level in 2011 was even higher at 41 percent. Nearly 21 percent of City residents are now living at or below 100 percent of the Federal poverty rate.

5

The Federal poverty level and 200 percent of that level for 2012 are as follows:

2012 Poverty Guidelines for the 48 Contiguous States and the District of Columbia6

Persons In Family/Household

Poverty Guideline

100%

Poverty Guideline

200% 1 $11,170 $22,340 2 $15,130 $30,260 3 $19,090 $38,180 4 $23,050 $46,100 5 $27,010 $54,020 6 $30,970 $61,940 7 $34,930 $69,960 8 $38,890 $77,980

4 See, e.g., Current Population Survey: Poverty Status by State 2011, UNITED STATES CENSUS BUREAU, http://www.census.gov/hhes/www/cpstables/032012/pov/POV46_001_185200.htm (last visited Nov. 14, 2012). 5 See, e.g., ALLIANCE FOR A GREATER NEW YORK, Poverty in New York City: Borough Analysis of Data from the US Census Bureau’s 2011 American Community Survey (2012), http://www.alignny.org/wp-content/uploads/ 2012/09/NYCPoverty-Report-2012.pdf. 6 This chart is based on the Federal Poverty Guidelines for 2012, which can be found at the U.S. Department of Health and Human Services website. See 2012 HHS Poverty Guidelines: One Version of the [U.S.] Federal Poverty Measure, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, http://aspe.hhs.gov/poverty/12poverty.shtml (last accessed Feb. 20, 2013).


3

Beyond Statistics: The Impact of Poverty

Defining Poverty: Fundamentally, poverty is a denial of choices and opportunities, a violation of human dignity. It means lack of basic capacity to participate effectively in society. It means not having enough to feed and clothe a family, not having a school or clinic to go to, not having the land on which to grow one’s food or a job to earn one’s living, not having access to credit. It means insecurity, powerlessness and exclusion of individuals, households and communities. It means susceptibility to violence, and it often implies living in marginal or fragile environments, without access to clean water or sanitation.7

Discussion questions:

2. The United Nations provides a global

definition of poverty. What is the nature of poverty and economic hardship in the United States?

3. What conditions of poverty might our clients experience?

4. Put yourself in the shoes of someone experiencing the conditions you discussed in

question 2. What impact, if any, do these conditions have on your ability to:

1) Seek and obtain legal counsel? 2) Make following legal advice a priority? 3) Keep appointments with your attorney? 4) Understand and respond to court processes? 5) Work with government bureaucracies?

7 "Indicators of Poverty & Hunger", United Nations. Retrieved 2011-05-27.

http://www.un.org/esa/socdev/unyin/documents/ydiDavidGordon_poverty.pdf�


1

Aspects of Culture

Definition: Culture consists of a body of learned beliefs, traditions, and guides for behaving and interpreting behavior that are shared among members of a particular group. It includes values, beliefs, customs, communication styles and language, behaviors, practices, and institutions. The visible aspects of a culture include clothing, art, buildings, food; the less visible aspects of culture include values, norms, worldviews, and expectations.

Apply the above definition to the culture found in a hospital by filling in this chart.

Hospital Culture Examples Clothing

Values

Communication styles and language

Norms

Attitudes

What are two things that are helpful for a patient to know when interacting with the hospital (medical) culture?

1.

2.


2

Now consider the definition when applied to the culture found in a trial level civil court house (for example family or housing court).

Culture consists of a body of learned beliefs, traditions, and guides for behaving and interpreting behavior that are shared among members of a particular group. It includes values, beliefs, customs, communication styles and language, behaviors, practices, and institutions. The visible aspects of a culture include clothing, art, buildings, food; the less visible aspects of culture include values, norms, worldviews, and expectations.

Court Culture Examples Clothing

Values

Communication styles and language

Norms

Attitudes

What are two helpful things for a client to know when interacting with the court (legal) culture?

1.

2.


1

Working with a Diverse Clientele

When you begin your volunteer work you will be meeting with clients who may be very different from you. In what ways may your client be different? In what ways may your client be the same?

Differences Similarities

Discussion Questions

1. Do the differences you identified have meaning when representing someone? For example, does the fact that you are a different race or gender or religion or come from a different economic background than your client make a difference? What if your client is not proficient in English? What if your client is disabled?

2. What contacts do you think your client may have had in the past with lawyers, courts or

police officers? What impact, if any, will those prior contacts have on how your client approaches you and the justice system?


1

Cross Cultural Competency Q & A

Q. How can I see the world through my client’s eyes? A. Empathize first. Be aware of differences. Learn about the problems your client

faces daily. Would it be helpful to know more about the client’s cultural ethnicity? Try asking, “Do you know anyone who has faced a similar problem to yours? What happened? How was it handled? Would this be a good solution for you?”

Q. How can I build trust with a client whose past encounters with the legal

system may have been negative? A. Provide information about the attorney’s role: “I am on your side. I work for

you, not the court”. You may also need to explain the legal system and how this case fits in to it. Explaining about confidentiality may help build trust and the understanding of the attorney’s role. Trust can also be built by how you interact and show the client you understand. Keep in mind that establishing meaningful trust may not be possible in one encounter.

Q. What can I do if I am concerned that my client has limited English proficiency?

A. Speak slowly and use plain English with short sentences. Don’t assume lack of education or language skills equals lack of intelligence and do not diminish the amount of information you provide. Test to see if your client understands. If your client does not understand your communication or you cannot fully gather the facts, an interpreter needs to be found to proceed.

Q. What questions should be triggered if:

My client has a job . . . Can he or she get time off for meetings? My client has children . . . Can he or she get childcare for meetings? If my client doesn’t have a phone . . . Is there somewhere you can leave a message? What’s the best way for me to get a hold of you? If my client has a phone . . . May I leave messages on this phone? Undisclosed domestic violence victims and others may want privacy about consulting a lawyer.


2

Q. What are the Best Practices for Empowering Clients? A. Help your client clarify his or her goals and offer advice on alternative

consequences. Do not assume your client understands the information or advice you have given. Probe for understanding. Ask the client to repeat back in his or her own words what you have discussed. Ask clients if they agree with the advice or if the advice seems wise or resolves the problem. Use open-ended questions. Do not summarize information or advice and end with, “Do you understand?” Review written documents verbally. Brainstorm with the client the actions they feel comfortable taking to resolve their problem. Help your client make decisions based on what is important to him or her consistent with cultural values. Write down any action items and instructions you have discussed with the client and check again for understanding (perhaps have the client take notes on actions and instructions). Suggest referrals to appropriate social service agencies. Your local legal services or pro bono provider can assist in making appropriate referrals.

Q. What if my client was brought up in a foreign country? A. Ask how the type of problem that brought the client to see you is handled in their

home country. This may give you insight into how your client views the legal system and what additional information about our own justice system you need to provide.


1

Cultural Competence in the Context of Legal Representation

Elements of Cultural Competence:

• Awareness and acceptance of cultural differences • Awareness of one’s own cultural values • Recognition that people of different cultures may have different ways of communicating,

behaving, interpreting and problem-solving • Recognition that cultural beliefs and behaviors may impact a client’s legal beliefs and

interactions with legal professionals • An ability and willingness to adapt the way one works to fit the client’s cultural

background in order to provide the highest quality legal assistance

Differences in Cultural Values

Are You From a Culture That Values: Or One That Values:

What may be the Impact of Differences in Cultural Values on the

Attorney-Client Relationship? Individualism Collectivism/Group Achievement Modesty Equality/Egalitarianism Hierarchy Winning Collaboration/Harmony Guilt (internal self-control) Shame (external control) Pride Saving face Respect for results, competence

Respect for status, elders

Time is money Time is life Action/Doing Being/Acceptance Tasks Relationship/Loyalty Informal Formal Directness/Assertiveness Indirectness Future/Change Past/Tradition Control Fate Specific/Linear Holistic Verbal Non-verbal

Adapted from Kohls (1981); Marquardt and Kearsley (1999)


Name (optional): _______________________________________

Evaluation

1. Overall, how do you rate this training?

___Excellent ___Good ___Satisfactory ___Unsatisfactory ___Poor

2. How well did the training meet your expectations? ___Excellent ___Good ___Satisfactory ___Unsatisfactory ___Poor

3. What did you like best about the training?

4. What did you like the least about the training?

5. Would you recommend this training to others interested in volunteering?

___Yes ___No ___Not sure

6. What changes do you recommend be made in the training?

7. Additional comments:

Thank you for your participation.

Training Program PowerPoint

DVD Transcripts

cross-cultural lawyering training for senior and emeritus … · 2012. 11. 14. · cross cultural...

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