Cultural Competency & Legal Services: Part I Karin Wang, Asian Pacific American Legal Center October 2009

Cultural Comptency - Introduction Definition: ability to interact effectively with people of different backgrounds 2 key issues for today’s training: –Specific -- language –Broad -- culture

Cultural Comptency - Demographics CA is the nation’s most diverse state –Race/ethnicity -- “majority minority” (approx. 60% non-white) –Language -- more than 200 languages spoken (40% speak language other than English at home) CA’s growth is driven by immigration –44% of Latinos, 62% of Asians are foreign- born

Cultural Comptency - Demographics Many Californians face English language barriers –More than 6 million (20%) do not speak English very well Approx. 40% for Latinos & Asians (but can vary greatly, e.g., 62% of Vietnamese) –Many are “linguistically isolated” More than 1/4 of both Latino & Asian households (but an vary greatly, e.g., 41% of Korean)

Cultural Comptency - Demographics There is a strong correlation between high limited English proficiency (LEP) rate & high poverty rate –E.g., Cambodians: 56% LEP, 40% poverty vs. California overall: 20% LEP, 14% poverty

Cultural Competency - Language DOs & DON’Ts 1 DO treat every client fairly & equally, regardless of ability to speak English –Ethical duty & legal responsibility (see 3) 2 DON’T try to figure out if the client could speak English if they wanted to –Fluency in English is complicated

Cultural Competency - Language DOs & DON’Ts 3 DO provide the client with language assistance if needed –Ethical duty (e.g., ABA Model Rules, ABA Standards for Provision of Civil Legal Aid, Legal Services Corporation policy) –Legal requirement (e.g., Title VI of 1964 Civil Rights Act, state laws)

Cultural Competency - Language DOs & DON’Ts 4 DON’T assume that “high school Spanish” equals “bilingual” –High level of fluency required for legal intake or advice (e.g., legal terms) –Also, “bilingual” does not equal “effective interpreter” (requires additional training)

Cultural Competency - Language DOs & DON’Ts 5 DO ask if your organization has a language access policy for clients –Translated (written) materials -- e.g., legal education brochures, client retainers –Interpreters (oral) -- e.g., bilingual staff or volunteers, telephone interpreting company, trained interpreters

Cultural Competency - Language DOs & DON’Ts 6 DON’T expect or allow children or other clients to be interpreters –Potential conflicts of interest 7 DO document if the interpreter is an adult friend or family member –Potential conflicts of interest –Possible negative consequences of using untrained interpreters

Cultural Competency - Language DOs & DON’Ts 8 DO address the client directly (not the interpreter) 9 DON’T assume that addressing language barriers equals being cultural competent –Some clients may not have language issue, but may still face cultural barriers

Contact Information Karin Wang, Vice-President, Programs Asian Pacific American Legal Center Phone: (213) Web: