Implicit Bias and Cultivating Cross-Cultural Competence in Legal Practice Sameera Hafiz and Lillian M. Moy, N-LAAN Language Access Pre-Conference, Denver 2009 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  Motivation & Commitment  Skills  Analytical to see & problem solve issues  Communication to bridge differences  Reflection to learn from the experience  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  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  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 Competence  a commitment to antidiscrimination - professional and moral duty.  Access to Justice  Individual Justice  Community Justice  a commitment to antidiscrimination - professional and moral duty.  Access to Justice  Individual Justice  Community Justice

Implicit Bias : Our Subconscious Affecting Our Thoughts RED BLUE GREEN

The Stroop 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  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

White

Green

Brown

White

Brown

Green

Red

White

Green

Brown

White

Green

White

Brown

Red

Brown

Green

White

Let’s Try one More  Same directions. Do not read the word. Just say the color the word is printed.  Remember, go as fast as you can.  Same directions. Do not read the word. Just say the color the word is printed.  Remember, go as fast as you can.

Green

RED

Brown

White

 Which one was easier?  Thoughts on why?  Which one was easier?  Thoughts on why?

Project Implicit

Let’s try the Project Implicit evaluation on Race: Let’s try the Project Implicit evaluation on Race: Project Implicit 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.

African American European American

African American

GOOD BAD Laughter

Bad Good Agony

European American Or Good European American Or Good African American Or Bad Laughter

So What Did the Implicit Project show?  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?)  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 Implicit  Race AIT Study Results:

Ten Commandments of Cultural Competence The Guiding Principles of Client Service By Lillian Moy The Legal Aid Society of Northeastern New York

THANK YOU SUE BRYANT! The Ten Commandments are taken from 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 Cultural Identities Cultural Identities Subject to change and contradictions Subject to change and contradictions Culture is like the air we breathe Culture is like the air we breathe Similarities and differences Similarities and differences

II Listen, Listen, Listen Deeply Deeply Focus on content, not style Focus on content, not style On words and non- words On words and non- words Non-verbal behavior Non-verbal behavior

III Learn What You Don’t Know Training and information on general concepts and specific culture Training and information on general concepts and specific culture

IV But Never, Ever Stereotype No single characteristic fully defines you or your client’s culture No single characteristic fully defines you or your client’s culture Make gentle use of knowledge Make gentle use of knowledge Focus on gathering facts Focus on gathering facts

V Stop, Look and Reflect Develop capacity to debrief and reflect Develop capacity to debrief and reflect

VI Avoid Judgments Parallel universes Parallel universes Imagine multiple possible meanings Imagine multiple possible meanings

VII R-E-S-P-E-C-T Avoid stereotype Avoid stereotype Client’s values, not ours Client’s values, not ours

VIII Talk About It! We have to be willing to talk about issues of difference and issues of similarity We have to be willing to talk about issues of difference and issues of similarity Strategize about it Strategize about it

IX Stay Awake Pitfalls, red flags and remedies Pitfalls, red flags and remedies

X Honor Thyself … As a Human Being Decrease stress so that bias and stereotype are less likely to govern. Decrease stress so that bias and stereotype are less likely to govern.

Critical Incident  Used in Cross-cultural training  Designed to illustrate cultural differences/similarities  Parallel Universes  Scenarios from real cases to illustrate cultural points  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  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  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? 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? 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  “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  “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   California Bar Journal Article, Feb 2009, Cultural Differences, New Defense Tactic? By Diane Curtis   ABA Standards, Standard s/civillegalaidstds2006.pdf s/civillegalaidstds2006.pdf  Meaningful Web Access for LEP Clients, examples from the Web, NLADA Cornerstone, Vol. 30 No. 3, page 12   California Bar Journal Article, Feb 2009, Cultural Differences, New Defense Tactic? By Diane Curtis   ABA Standards, Standard s/civillegalaidstds2006.pdf s/civillegalaidstds2006.pdf  Meaningful Web Access for LEP Clients, examples from the Web, NLADA Cornerstone, Vol. 30 No. 3, page 12