As our society moves toward acknowledging and reforming the vast discrimination and injustices suffered by the BIPOC community, and individuals and groups based on characteristics such as race, gender, age or sexual orientation, lawyers are being called upon to gain what has been coined “cultural competence.”
In addition to understanding the components of the law and procedure, we are to practice in a manner where our communications and interactions with parties are respectful and appropriate to different cultures and backgrounds. The Law Society of Ontario in their EDI-E Course Advancing Equality, Diversity and Inclusion in the Legal Profession provides that cultural competence is “the ability to function effectively in the context of cultural difference and the capacity to identify, adapt, accept and interpret culturally relevant behaviour, both verbal and non-verbal. It can be understood as the skill-set necessary to apply the principles of EDI into day-to-day practice.”
Outside of this formal definition, I have learned through my own practice and training in mediation and collaborative law the following non-exhaustive list of practice considerations:
- Avoid the term “guys”: It is tempting and pervasive to address parties with the greeting: “Hey guys” or “guys, we need to consider…”. Avoid it or risk alienating or offending a party before the negotiations or discussions have even begun. Stick to calling parties or clients by their names. This is a valuable lesson imparted on me through my mediation training.
- Read and inform yourself of regularly used terms that may be offensive to certain individuals or groups. For example, some commonly used terms that may cause offense are: black sheep, the phrase “black and white”, and black market.
- Think about your own background and culture and how that influences your perception of the world, events and others. We all have our own bias. Try to reflect on it when you find yourself feeling uncomfortable in a situation or rushing to judgment.
- Ask your clients questions but also be mindful if you notice that your questions are causing discomfort. Being curious is good but placing a client in a position where they feel like they need to educate you can also be alienating and cause power imbalances. Consider whether you have the cultural competence to handle a particular matter or case.
- Recognize the existence of individual differences within a culture. Failure to do so leads to stereotypes.
- Do your research and keep learning about the various communities around you. We serve the public and it is our duty to have at least a basic understanding of the challenges faced by various groups or individuals – it will make you a better lawyer and mediator.
Developing and cultivating cultural fluency is not only about fulfilling our duty as lawyers but most crucially: it is about respect. Advocating, mediating or negotiating on behalf of our clients will rarely be fruitful or successful if someone in the room feels disrespected. The lawyers at Goodman Halioua LLP are committed to continued education and training in Equality, Diversity and Inclusion and would be pleased to assist you in your family law or personal injury matter.
