how to be culturally sensitive lawyer

by Wilfredo Cummings 4 min read

Lawyers must adapt depending on their client and the situation, which can change throughout the lawyer-client relationship. It is important that lawyers ask questions, are aware of culturally specific body language cues, and respond flexibly when interacting with their clients.

Attending diverse bar association events can be the first step in learning cultural competency in the legal profession. LGBT bar associations, ethnic bar associations, and religious bar associations are generally safe places to ask questions about diverse groups to increase cultural competency.Mar 1, 2017

Full Answer

How do I become culturally sensitive?

Becoming culturally sensitive requires an evaluation of your own biases and cultural assumptions. It requires the development of certain skills that promote diversity in the workplace and accepting the values of those who are different from you.

How does cultural competence affect the lawyer-client relationship?

These cultural norms and expectations can inhibit the lawyer-client relationship as much, or even more so, than language barriers. 8 This paper advocates for the implementation of cultural competence training in law schools. Part I explains the goals of a training program that focuses on building cross-cultural competence in lawyers.

What are cultural sensitivity practices?

Cultural sensitivity practices can be applied to any type of therapy; these practices may help the client feel more comfortable, making the treatment more effective.

Should therapists who practice cultural sensitivity disclose personal information?

Although therapists who practice cultural sensitivity may deviate from standard therapeutic methods, they must also adhere to their profession’s ethical guidelines, for example, when it comes to disclosure of personal information.

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What are 4 ways to become more culturally sensitive?

Use these tips from the American Psychological Association to be more culturally aware:Think beyond race and ethnicity. A person's culture is shaped by more than the color of their skin or the way that they dress. ... Learn by asking. ... Make local connections. ... Pay attention to non-verbal behaviors. ... Exchange stories.

How can you be culturally sensitive examples?

Being open to learning about the traditions and beliefs of other cultures. Being aware of your own culture and how it has influenced you. Examining your own biases and prejudices. Seeking knowledge about other cultures, especially those that you encounter often.

What are the 3 three principles that are required of you to be culturally competent within your work space and or personal environment?

Principles relevant to cultural competence include fostering secure, respectful and reciprocal relationships, partnerships, high expectations and equity and respect for diversity.

What makes a person more culturally sensitive?

Experiencing other cultures and interacting with different people can change your world view and make you more culturally sensitive. If possible, travel to places that are different to what you are used to. Many universities have study abroad programs, and high schools often have foreign exchange programs.

What 4 factors affect cultural sensitivity?

Certain factors can affect cultural sensitivity. These factors include religion, ethnicity(race), national origin(language), or gender.

How can I improve my cultural awareness?

SEVEN PRACTICES YOU CAN IMPLEMENT TO INCREASE CULTURAL AWARENESS IN THE WORKPLACEGet training for global citizenship. ... Bridge the culture gap with good communication skills. ... Practice good manners. ... Celebrate traditional holidays, festivals, and food. ... Observe and listen to foreign customers and colleagues.More items...•

What are the 4 C's of cultural competence?

Cultural competence has four major components: awareness, attitude, knowledge, and skills.

What are 4 strategies that support cultural competence?

Best Practices for Cultural Competency:Value Diversity. Respect all cultures. ... Self-Awareness. Recognize any personal biases against people of different cultures and work to eliminate them.Awareness and Acceptance of Differences. ... Dynamics of Differences. ... Accept Responsibility. ... Knowledge of Patient's Culture. ... Adaptation.

What are the 5 stages of cultural competence?

Have the capacity to (1) value diversity, (2) conduct self-assessment, (3) manage the dynamics of difference, (4) acquire and institutionalize cultural knowledge, and (5) adapt to diversity and the cultural contexts of communities they serve.

What is culturally sensitive practice?

Culturally sensitive therapy emphasizes the therapist's understanding of a client's background, ethnicity, and belief system. Therapists can incorporate cultural sensitivity into their work to accommodate and respect differences in opinions, values, and attitudes of various cultures and different types of people.

How can I be more sensitive to diversity?

Watch your humor; avoid ethnic jokes or any type of humor that demeans others. Confront others on this as well. 2. Educate yourself by taking classes or attending campus events that focus on ethnic or racial groups about which you have limited knowledge.

How can I be culturally appropriate?

Here are our top ten tips for effective cross-cultural communication:Maintain etiquette. Many cultures have specific etiquette around the way they communicate. ... Avoid slang. ... Speak slowly. ... Keep it simple. ... Practice active listening. ... Take turns to talk. ... Write things down. ... Avoid closed questions.More items...

Why should cultural competency be taught in law schools?

Regardless of which model is used, cultural competency skills should be taught in law schools, because the ability to effectively represent clients of diverse backgrounds will contribute significantly to the success of future lawyers.

How to teach cross cultural communication skills?

75 These skills can be taught through watching and interpreting videos of interviews, simulated role-playing in class, and student reflection. 76 For instance, students can identify various introductory rituals used by different cultures and integrate them into their simulated interviews. 77 They should also practice deep listening skills and interpreting their client’s nonverbal cues, as both these skills are of heightened importance during cross-cultural interactions. 78 Comparing clients’ behavior to their own and experiencing misunderstandings during role-play can help students recognize potential pitfalls and red flags, plus give them the opportunity to practice finding appropriate remedies. 79

Why is it important for lawyers to ask questions?

It is important that lawyers ask questions, are aware of culturally specific body language cues, and respond flexibly when interacting with their clients.

How does culture affect relationships?

Culture can influence the way one views events; the importance one places on roles, hierarchy or personal relationships; priorities regarding the rights of individuals compared to the group; conflict resolution; emotions and the way emotions are displayed; and one’s willingness to discuss intimate or embarrassing issues among other things. 10 For example, some cultures frown upon seeking psychological services, making members of that community unwilling to discuss sensitive, personal issues or to agree to go to therapy after suffering trauma. Another example highlighting the way business practices can vary based on cultural sensitivities and objectives is the following: “. . . in the United States, profit is seen as a legitimate goal, success in business can be measured empirically, and the work ethic is highly developed. For the Japanese, the focus may not be on the pursuit of profit alone, but on human efficiency; the group is superior to the individual.” 11 Culture not only gives us our values and norms of behavior, but also affects how we judge and interact with other people. 12 Thus, it is important that lawyers know both how to gain a client’s trust in a culturally sensitive way and how to attribute the client’s intended meaning to her behavior and communication. 13

What happens if a student thinks carefully, keeping in mind the similarities between the student and the client?

If a student thinks carefully, keeping in mind the similarities between the student and the client, the student may realize there are many alternative reasons that could explain a client’s behavior rather than their initial, negative assumption.

Is cultural competency taught at CUNY?

At CUNY, not only is “cultural competency . . . taught as a distinct topic along with ethics, professional responsibility and substantive law courses,” but also “the faculty at CUNY has studied the issue of cultural competency so that it is included in CUNY 's curriculum in a deliberate and methodical way.”).

Should law schools have a cultural competency course?

Law schools should require, or at least offer, a cultural competency course for all law students in order to prepare them to be effective lawyers in our increasingly diverse world. 44 A semester-long seminar would be the preferable method of teaching cross-cultural lawyering because “ [a]ttaining cultural competence is an ongoing process requiring a long term educational commitment. One does not ‘become competent’ at any one point. Instead, he or she becomes more knowledgeable, aware and sensitive in an attempt to reach competence.” 45 Though a student would not gain complete, “unconscious competence” 46 in just fifteen weeks, one semester would be a sufficient time for students to gain at least some of the skills required for cultural sensitivity, which they can further develop in their subsequent clinical and real world experiences as lawyers. While a year-long course might allow for an even more thorough development of students’ cross-cultural skills, the limitation on how many courses a single law student can take may render a semester-long course sufficient.

HSP: Highly Sensitive People

It’s fair to say I’ve been in an emotional carpool since I was a young child.

An HSP in the Courtroom?

It’s fair to ask why anyone who identifies, knowingly or not, as a highly sensitive person would go into law.

What are some safe places to ask questions about certain diverse groups in order to increase cultural competency?

LGBT bar associations, ethnic bar associations such as the National Bar Association and the National Asian Pacific American Bar Association and religious bar associations such as J. Reuben Clark Law Society are some of many safe places to ask questions about certain diverse groups in order to increase cultural competency.

What is cultural competency?

Cultural competency is achieved by identifying and understanding the needs and behaviors of individuals seeking help.

What is diversity in law?

Diversity is a catch-all word for the notable characteristics in a person. Diversity has many avatars and learning how to convey information to diverse clients can be a career-defining action. A little bit of research and understanding can go a long way. Conveying information to clients so that it is easily understood is an invaluable skill, whether talking to someone with limited English proficiency or literacy skills, an individual with disabilities or someone who has never before dealt with an attorney.

What is the legal industry?

The legal industry is primarily a service-based industry , and the foundation of the practice of law is communication with clients. Understanding the needs of clients and the cultural differences that may arise during communications with clients can make delivering legal services more effective.

Why is it important to be cognizant of the characteristics of different cultures?

In order to be mindful of the cultural differences and similarities in clients , it is important to be cognizant of the characteristics that can define different cultures. Culture is often described as the combination of a body of knowledge, a body of belief and a body of behavior.

What is culturally sensitive?

Becoming culturally sensitive is a process that takes conscious awareness of your own challenges and biases. By focusing first on your own culture, you can learn to also recognize your challenges when it comes to cultural sensitivity.

How to recognize cultural differences?

Learning to recognize cultural differences is the first step to developing a strategy to accept them. Before making assumptions about someone's work style, it is important to consider how culture can influence that. By learning to recognize these cultural differences, you can also increase your knowledge of other cultures, which will help as you increase the number of teams that you work with.

What is cultural competency?

Cultural competency refers to a person's ability to identify and accept cultural differences. Awareness and education help you step outside of your own culture and understand the differences of others.

Can you develop cultural sensitivity?

You are never fully finished developing your cultural sensitivity. In addition to taking advantage of any programs that your employer might offer, it can be helpful to further your own training through nonprofits or local organizations that offer cultural sensitivity training.

Do companies have to do cultural sensitivity training?

Many companies don't implement cultural sensitivity training until they are required to do so. This may follow a situation such as an act of discrimination in the workplace, or a report of microaggressions. At this point, it can be more challenging to adopt a mentality and focus of cultural training. While it is still important to implement training in a company that has not previously had it, it is easier to implement proactively instead.

What is cultural inclusiveness?

The cultural inclusiveness of a learning environment will depend upon the kinds of interactions that occur among you and your students. These interactions are influenced by course content; prior assumptions and awareness of potential multicultural issues in educational situations; planning of class sessions, including the ways students are grouped for learning; your knowledge about the diverse backgrounds of your students; and your decisions, comments, and behaviors during the process of teaching.

How to reconcile the tension between challenging offensive speech and not suppressing free speech?

You should also consider your own response to emotion in the classroom and use this awareness to inform the planning process. Establish agreed upon guidelines early in the class.

How does multiculturalism empower marginalized groups?

It empowers marginalized groups and transforms individuals by helping them develop the knowledge, skills, and values needed to become effective social critics. There are a number of multicultural issues that should be taken into account during the planning process for any class.

What does it mean when all the authors of a course are male?

If all the authors or creators of materials in a course are male (or female), white (or another group), liberal (or conservative), etc., instructors will be sending a message about the voices that are valued and will be devaluing the scholarship of others who have written or created materials on the topic.

What is safe learning environment?

A safe learning environment is not only fostered at the start of the course but maintained during the course of the semester. In many classes, there are critical moments that can confirm in students’ minds how safe the classroom is, how committed is the teacher to equitable participation and student learning.

Do teachers address cultural needs?

Despite the fact that many students are constantly engaged in a complex transformation of culturally influenced identity—which in many cases can have a major impact on academic performance—instructors oftentimes don’t anticipate and address cultural needs as urgently as they do intellectual, behavioral, or social needs.

Do students appreciate being expected to know everything about issues relating to their group?

Students also do not appreciate being expected to know everything about issues relating to their group or the assumption that all students from their group feel the same way about an issue. Be sensitive to the experiences of visibly underrepresented students in your class.

What to expect from a culturally sensitive therapist?

A culturally sensitive therapist follows guidelines for working with diverse groups of people and understands that racial, cultural, religious, gender, and sexual identities interact with one’s beliefs and behavior. The expectation and ultimate goals for both the therapist and the client are notable progress ...

Why is cultural sensitivity important in therapy?

Therapists can incorporate cultural sensitivity into their work to accommodate and respect differences in opinions, values, and attitudes of various cultures and different types of people. Cultural sensitivity also allows a therapist to gain and maintain cultural competence, which is the ability to first recognize and understand one’s own culture ...

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I. The Goals of Cultural Competency Training

  • Culture can have a great impact on one’s interactions with others. Culture can influence the way one views events; the importance one places on roles, hierarchy or personal relationships; priorities regarding the rights of individuals compared to the group; conflict resolution; emotions and the way emotions are displayed; and one’s willingness to discuss intimate or embarrassing i…
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II. The Five Habits

  • Bryant and Peter’s Five Habits for building cross-cultural competence is a valuable model for cultural competency training for lawyers. The Five Habits, which are briefly described below, can be used by professors to implement cultural competency training in law schools as detailed in Section III.
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III. Implementation of Cultural Competency Training in The Law School Curriculum

  • A. A Proposed Cultural Competency Seminar
    Law schools should require, or at least offer, a cultural competency course for all law students in order to prepare them to be effective lawyers in our increasingly diverse world.44 A semester-long seminar would be the preferable method of teaching cross-cultural lawyering because “[a]ttainin…
  • B. Applying the Five Habits in the Seminar Setting
    A promising approach would be to base a cultural competency seminar on Bryant and Peter’s Five Habits because the Habits were “designed to help develop analytical and interaction skills.”52 By adopting the Habits, professors can help law students develop cultural competency skills beyon…
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