SAME WORDS, DIFFERENT LANGUAGE

How to Make Cross-Cultural Differences

Work in Your Client's Favor

OWLS Leadership Forum, August 30, 2012

Melissa Kenney Ngaruri, Esq. KP Law, LLC Portland, Oregon

SAME WORDS, DIFFERENT LANGUAGE

Just putting it out there:

Um, what makes you the expert?

From Outsourced: http://youtu.be/blmDm9Sekmc

One typical problem:

Again, from Outsourced: http://www.youtube.com/watch?v=n9k1fGypyEo

Melissa Kenney Ngaruri, Esq., KP Law, LLC

SAME WORDS, DIFFERENT LANGUAGE

Just putting it out there:

Expressed Frustrations Learning Intercultural Communication.

I'm an attorney, not a therapist or a member of the diplomatic corps. The subject is just too vague and touchy-feely. Clients should be able to just tell me what's going on or just get me the records, it's that straightforward. How can I possibly avoid problems if I don't know anything about that specific culture? We can't afford to spend extra time clients who come from cultures where they chit-chat for an hour about their family and life before telling us what we need to know for their case. I hate this P.C. crap.
Melissa Kenney Ngaruri, Esq., KP Law, LLC

SAME WORDS, DIFFERENT LANGUAGE Attributional Bias

A cognitive bias affecting the way we determine who or what causes an event or action and what that event or action means.

- Experience: How can attributional bias backfire?

http://youtube/nhe0KSGoUgc

Melissa Kenney Ngaruri, Esq., KP Law LLC

Intercultural Communication 101

Basic rule:

Never assume you understand your client, and never assume they understand you. Ask, don't judge.

Melissa Kenney Ngaruri, Esq., KP Law LLC

Intercultural Communication 102

Goal: Become a better advocate by fostering better communication

Counsel = Counselor. Work to overcome natural human tendency to categorize something not understood as wrong.
Melissa Kenney Ngaruri, Esq., KP Law LLC

Intercultural Communication 201

Rule Number 1:
Cultivate Cultural Self-Awareness

Identify your own self:

Ethnicity, socio-economic status, marital status Gender, childhood, education Age, religious belief, physical characteristics

Melissa Kenney Ngaruri, Esq., David Lowry Law Offices

Intercultural Communication 202

Rule Number 2:
Learn general and specific culture norms

Communication and language use Different time and space orientations Individual and collective cultures Values and work High context vs. low context interactions
Melissa Kenney Ngaruri, Esq., KP Law LLC

Intercultural Communication 202

Practice exercise:
Self-awareness and general and specific culture norms

Safe environment please. Please do not be embarrassed to share a stereotype based on your observation of your partner it will help our exercise. After sharing list with partner, we will share observations with the group
Melissa Kenney Ngaruri, Esq., KP Law LLC

Intercultural Communication 203

Rule Number 3:
Know Thyself-without self-condemnation. You have always been a life-long learner of cross-cultural communication. Now become more effective by:

Noticing how and when biases cause you to make incorrect factual assertions about a client. Learning to refrain from judgment and assumptions and instead uncover your client's facts.
Melissa Kenney Ngaruri, Esq., KP Law LLC

Intercultural communication 301

Your Toolkit: The 5 Habits for Cross-Cultural Lawyering

Habit One: Degrees of Separation and Connection Habit Two: The Three Rings Habit Three: Parallel Universes Habit Four: Red Flags and Remedies Habit Five: The Camel's Back

Sue Bryant & Jean Koh Peters, Five Habits for Cross-Cultural Lawyering, in Kim Barrett & William George, Race, Culture, Psychology and Law (47-62), Sage Publications (2005).

Intercultural Communication 302

Habit One:
Degrees of Separation and Connection

Brainstorm, as quickly as possible, as many similarities and differences between you and your client Assess the significance of these similarities and differences.
Melissa Kenney Ngaruri, Esq., KP Law LLC

Intercultural Communication 303

Habit Two:
The Three Rings

Analyze cultural differences/similarities between lawyer-client, client-law and lawyer-law that will affect the case.
Assess claimant's case, claimant credibility, legal strategy, the attorney's own agenda, and overlap of similarities and differences.
Melissa Kenney Ngaruri, Esq., KP Law LLC

Intercultural Communication 304

Habit Three: Parallel Universes

Identify alternatives to assumed explanations for Claimant's behavior.

Habit Four: Red Flags and Remedies

Listen deeply, tailor scripts, use techniques that confirm understanding, gather culture-sensitive information, look for red flags that communication is not working, make corrections.
Melissa Kenney Ngaruri, Esq., KP Law LLC

Intercultural Communication 304

Habit Five:
The Camel's Back

Engage in self-analysis rather than self-judgment.

If a red flag that recurs in interactions with claimants, brainstorm ways to address it. Identify factors that tend to be present at particularly smooth encounters with clients.

Melissa Kenney Ngaruri, Esq., KP Law LLC

Intercultural Communication 401

Everyday practice:
What can you do to communicate effectively if you don't know the custom or culture of the claimant in front of you?

Speak slowly. Translate English to English. Talk to your claimant about cross-culture at the interview.

Melissa Kenney Ngaruri, Esq., KP Law LLC

Intercultural Communication 401

Everyday practice:
What can you do to communicate effectively if you don't know the custom or culture of the claimant in front of you?

Separate Questions Avoid Negative Questions Take Turns

Melissa Kenney Ngaruri, Esq., KP Law LLC

Intercultural Communication 401

Everyday practice:
What can you do to communicate effectively if you don't know the custom or culture of the claimant in front of you?

Write it Down Be Supportive Check Meanings Avoid Slang

Melissa Kenney Ngaruri, Esq., David Lowry Law Offices

Intercultural Communication 401

Everyday practice:
What can you do to communicate effectively if you don't know the custom or culture of the claimant in front of you?

Watch the humor Maintain Etiquette

Melissa Kenney Ngaruri, Esq., David Lowry Law Offices

Intercultural Communication 500

Real World Application cases in Social Security Disability Law:

Hearing level use of culture to explain Claimant's nearSGA Interview level use of cross-culture techniques to uncover undiscovered severe head trauma

Audience Questions, Application Discussion

Melissa Kenney Ngaruri, Esq., KP Law LLC

References
You must read this Thanks to this article, I did not have to reinvent the wheel :
http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=5995 This is a practical article with five habits that lawyers should develop for working effectively with immigrant clients. The author gives specific examples and concrete suggestions for being a more culturally sensitive lawyer. Sue Bryant & Jean Koh Peters, Five Habits for Cross-Cultural Lawyering, in Kim Barrett & William George, Race, Culture, Psychology and Law (47-62), Sage Publications (2005). http://mainelaw.maine.edu/news/conferences/justice/SueBryantsagefivehabits.pdf

Some other good material:

A MORE PERFECT UNION by Study Circles Resource Center and Marci Reaven. Copyright Topsfield Foundation and Marci Reaven 1997. http://www.pbs.org/ampu/crosscult.html Nice little blog on intercultural communication experiences: http://interculturalmemories.blogspot.com/ Also a good site with a good blog: http://www.languageandculture.com/ and http://navigatingcultures.com/blog/ Definition of high-context and low-context cultures: http://en.wikipedia.org/wiki/High_context_culture Client Centered Representation, Ron Tyler http://www.fd.org/pdf_lib/MT07_ClientCenteredRep.pdf good exercises for cross-cultural practice.

Melissa Kenney Ngaruri, Esq., KP Law LLC