Complete the work below between Weeks 9 and 11:
American Bar Association Standard 303(c) requires law schools to “provide education to law students on bias, cross-cultural competency, and racism.” While the Standard does not formally define those topics, Interpretation 303-6 offers some guidance. It explains that “among the values and responsibilities of the legal profession” are (i) “the importance of cross-cultural competency,” and (ii) “the obligation of lawyers to promote a justice system that provides equal access and eliminates bias, discrimination, and racism in the law.”
Thus, it is essential for a cross-cultural lawyer to:
a. Cultivate self-awareness as a cultural individual to recognize personal biases and ethnocentric perspectives.
b. Maintain a present and respectful approach towards clients, valuing their dignity, voice, and unique stories.
c. Establish a habit of self-awareness and continuous growth in cross-cultural lawyering interactions.
Developing this awareness and commitment to improvement will facilitate better communication between you and your supervisor, you and your clients, and in all your interactions with others.
Below you are asked to complete various activities designed to facilitate your understanding of the significance of cross-cultural lawyering and its impact on legal practice, effective communication with clients from diverse backgrounds, navigating cultural differences in negotiations and dispute resolution, and promoting equal access to justice for individuals from all cultural backgrounds. Our goal is to foster a culture of respect, empathy, and inclusivity, preparing students to navigate the legal profession with sensitivity and fairness.
Watch
Read
Cross-Cultural Competency and Collaboration
Reeves, Arin, “Written in Black and White"
Lithwick, Dahlia, “He Made Us All Victims and Accomplices"
Do
Part 1: Observation and Description
- Describe a situation you have observed or participated in during your field placement that involved:
- A client or party from a different cultural, racial, or socioeconomic background.
- A moment where communication, understanding, or decision-making may have been influenced by cultural or personal perspectives.
- If you have not yet encountered such a situation, describe a hypothetical scenario based on your placement’s practice area.
Part 2: Analysis
- Reflect on how bias (implicit or explicit) might have played a role in the interaction or decision-making process.
- Discuss how cross-cultural competency could enhance the effectiveness of legal representation in this context.
- Identify any ethical considerations under the Model Rules of Professional Conduct, especially Rule 1.1 (Competence), Rule 1.4 (Communication), and Rule 8.4(g) (Misconduct).
Part 3: Professional Development
- What strategies can you use to recognize and mitigate bias in your own legal practice?
- How can you continue to build cross-cultural competency as part of your professional identity?
- What support or training would help you feel more prepared to serve diverse clients?