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Implicit Bias and Cultivating Cross-Cultural Competence in Legal Practice. Sameera Hafiz and Lillian M. Moy, N-LAAN Language Access Pre-Conference, Denver 2009. Cultural Competence. Awareness of the Role Culture Plays Knowledge about Cultural Concepts specific and general

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Implicit bias and cultivating cross cultural competence in legal practice

Implicit Bias and Cultivating Cross-Cultural Competence in Legal Practice

Sameera Hafiz and Lillian M. Moy,

N-LAAN Language Access

Pre-Conference, Denver 2009


Cultural competence
Cultural Competence Legal Practice

  • Awareness of the Role Culture Plays

  • Knowledge about Cultural Concepts specific and general

  • Motivation & Commitment

  • Skills

    • Analytical to see & problem solve issues

    • Communication to bridge differences

    • Reflection to learn from the experience


Our agenda
Our Agenda Legal Practice

  • Define Cultural Competence

  • Check out the Stroop Test

  • Introduce the concept of Implicit Bias--

  • Expose you to 10 Commandments of Cultural Competency

  • Apply the cultural lens to your program’s practice


Cultural competence1
Cultural Competence Legal Practice

  • a commitment to antidiscrimination - professional and moral duty.

  • Access to Justice

  • Individual Justice

  • Community Justice


Implicit bias our subconscious affecting our thoughts

Implicit Bias Legal Practice: Our Subconscious Affecting Our Thoughts

REDBLUEGREEN


The stroop test
The Legal PracticeStroop Test

  • Directions: As the colored words flash on the screen, yell out the color that the word is printed in as quickly as you can.

  • Do not read the word, pronounce the color.

  • For Example: “GREEN” = Red “Blue” = Green


RED Legal Practice


White Legal Practice


Green Legal Practice


Brown Legal Practice


White Legal Practice


Brown Legal Practice


Green Legal Practice


Red Legal Practice


Red Legal Practice


White Legal Practice


Green Legal Practice


Brown Legal Practice


Brown Legal Practice


White Legal Practice


Green Legal Practice


White Legal Practice


Brown Legal Practice


Red Legal Practice


Red Legal Practice


Brown Legal Practice


Green Legal Practice


White Legal Practice


Let s try one more
Let’s Try one More Legal Practice

  • Same directions. Do not read the word. Just say the color the word is printed.

  • Remember, go as fast as you can.


Green Legal Practice


RED Legal Practice


Brown Legal Practice


Brown Legal Practice


Brown Legal Practice


White Legal Practice


White Legal Practice



Project implicit
Project Implicit Legal Practice


Project implicit1
Project Implicit Legal Practice

Let’s try the Project Implicit evaluation on Race:

https://implicit.harvard.edu/implicit/Study?tid=2

Race ('Black - White' IAT). This Implicit Association Test (IAT)requires the ability to distinguish faces of European and African origin. It indicates that most Americans have an automatic preference for white over black.


European American Legal Practice

African American


African American Legal Practice

European American


BAD Legal Practice

GOOD

Laughter


Good Legal Practice

Bad

Agony


African American Legal Practice

Or

Bad

European American

Or

Good

Laughter


So what did the implicit project show
So What Did the Implicit Project show? Legal Practice

  • After evaluating 732,881 IAT scores for the race task completed between July 2000 and May 2006…

    Can anyone guess the outcome?

    (Which group was favored and by what % of the participants?)


Project implicit2
Project Implicit Legal Practice

  • Race AIT Study Results:


Ten commandments of cultural competence

Ten Commandments of Cultural Competence Legal Practice

The Guiding Principles of Client Service

By Lillian Moy

The Legal Aid Society of Northeastern New York


Thank you sue bryant
THANK YOU SUE BRYANT! Legal Practice

  • The Ten Commandments are taken from

    “The Five Habits: Building Cross-Cultural Competence in Lawyers”

    By Professor Susan Bryant of CUNY Law School

    8 Clinical L.Rev. 1 (2001).


I know thyself as a cultural being
I Legal PracticeKnow Thyself … as a Cultural Being

  • Cultural Identities

  • Subject to change and contradictions

  • Culture is like the air we breathe

  • Similarities and differences


Ii listen listen listen
II Legal PracticeListen, Listen, Listen

  • Deeply

  • Focus on content, not style

  • On words and non-words

  • Non-verbal behavior


Iii learn what you don t know
III Legal PracticeLearn What You Don’t Know

  • Training and information on general concepts and specific culture


Iv but never ever stereotype
IV Legal PracticeBut Never, Ever Stereotype

  • No single characteristic fully defines you or your client’s culture

  • Make gentle use of knowledge

  • Focus on gathering facts


V stop look and reflect
V Legal PracticeStop, Look and Reflect

  • Develop capacity to debrief and reflect


Vi avoid judgments
VI Legal PracticeAvoid Judgments

  • Parallel universes

  • Imagine multiple possible meanings


Vii r e s p e c t
VII Legal PracticeR-E-S-P-E-C-T

  • Avoid stereotype

  • Client’s values, not ours


Viii talk about it
VIII Legal PracticeTalk About It!

  • We have to be willing to talk about issues of difference and issues of similarity

  • Strategize about it


Ix stay awake
IX Legal PracticeStay Awake

  • Pitfalls, red flags and remedies


X honor thyself as a human being
X Legal PracticeHonor Thyself … As a Human Being

  • Decrease stress so that bias and stereotype are less likely to govern.


Critical incident
Critical Incident Legal Practice

  • Used in Cross-cultural training

  • Designed to illustrate cultural differences/similarities

  • Parallel Universes

  • Scenarios from real cases to illustrate cultural points


Problem solving using culture as framework
Problem Solving: Using Culture as Framework Legal Practice

  • Identify a problem:

    • Outcomes

    • People served

    • People we find “difficult”

  • Apply a culture lens

    • If culture plays a role in problem or solution?

    • How do we explore/solve

    • Resources


Should you modify your approach if the case involves issues of culture
Should you modify your approach if the case involves issues of culture?

Do you put your client on the stand?

Do you ask for an interpreter? Always?

How does immigrant status play w/juries in your area? Postive? Negative?

Does the behavior have a cultural context?


Lawyering skills in cross cultural cases
Lawyering skills in cross-cultural cases of culture?

  • “I do think the courtroom door should be open to the consideration of culture. That doesn’t mean I think the argument should always prevail,”

  • Cultural differences deserve to be considered in litigation because enculturation shapes individuals’ perceptions and influences their actions,” Alison Dundees Reiten, USC Professor of Anthropology


Resources
Resources of culture?

  • http://www.probono.net/nlaan

  • California Bar Journal Article, Feb 2009, Cultural Differences, New Defense Tactic? By Diane Curtis

  • http://tinyurl.com/cupcvu

  • ABA Standards, Standard 2.4 http://www.abanet.org/legalservices/sclaid/downloads/civillegalaidstds2006.pdf

  • Meaningful Web Access for LEP Clients, examples from the Web, NLADA Cornerstone, Vol. 30 No. 3, page 12


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