Cross-Cultural Lawyering Training For Senior And Emeritus .

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Cross-Cultural LawyeringTraining for Senior and Emeritus AttorneysFacilitator’s GuideFEERICK CENTER FOR SOCIAL JUSTICEFORDHAM LAW SCHOOLUnderwritten byThe New York Community Trust

CROSS-CULTURAL LAWYERING FACILITATOR’S GUIDEAcknowledgements“How can pro bono volunteers establish rapport, build trust, communicate effectively andempower clients who are different in many ways from the volunteers?” Answers to thatchallenging question and much of the information and advice in the pages that follow weresupplied by Attorney Emeritus Program volunteers, legal assistance staff, and clients whoworked with pro bono volunteers. We thank them for their insights.We are grateful for the vigorous leadership and guidance provided by Justice Fern Fisher,Deputy Chief Administrative Judge for New York City Courts, in developing this cross culturallawyering training, as well as the development of many other access to justice initiatives.This project would not have been possible without the abundant encouragement, understandingand underwriting provided by The New York Community Trust.Special recognition is due to Professor Susan Bryant of CUNY School of Law whose teachingsprovide the foundation and the blue print for building a cross-cultural law practice. Susan gaveher ideas, expertise, energy and support to this project as well as some pragmatic and challengingadvice:Then what is reasonable for us to investigate from a client, to learn from a client? Often,we’re having one-shot interactions. We see many clients, one after the other How canwe really learn all of these cultural differences? The answer is we probably can’t. Butwe can be sensitive to different points of interaction and try to glean from the client asbest we can whether they’re feeling comfortable, whether they appear to be forthcoming,whether they understand. And if we understand that we are bringing kind of default waysof operating that are not necessarily the way our clients would interact then that’s useful that’s a useful starting place.Feerick Center colleagues Laura Backus, John Feerick, Dora Galacatos, Ayanthi Gunawardana,Joanna Lane, Robert Reilly, Brandon Ruben, Fern Schair, Deena Schwartz, Wilma TamayoAbreu and Anting Wang provided much appreciated advice, perspective and support that helpedadvance this project.Jerry WeinJuly 2013

Cross Cultural LawyeringTraining for Senior and Emeritus AttorneysFacilitator’s GuideTable of ContentsIntroduction . 4Part One: Welcome, Introductions, and Training Goals . 7Part Two: Our Clients’ Lives . 8Part Three: What does it mean to represent a client who comes from another culture?. 13Part Four: Working with Diverse Clientele . 16Part Five: . 21Preparing for the First Client Meeting – Best Practices for Communicating . 21Effectively With Clients Who Are Different From the Volunteer . 21Part Six: Final Thoughts/Evaluation . 24Background Readings on Cultural Competency . 25Handouts Accompanying Cross Cultural Lawyering Training . ATraining Program PowerPoint . BDVD Transcripts . C 2013 Feerick Center for Social Justice

CROSS-CULTURAL LAWYERING FACILITATOR’S GUIDECross Cultural LawyeringTraining for Senior and Emeritus AttorneysFacilitator’s GuideIntroductionThis training is designed to be given as part of an orientation for senior and other pro bonoattorney volunteers. It introduces participants to low-income clients who may be very differentfrom the volunteer with respect to culture, age, race, physical ability, sexual orientation, Englishproficiency, income, education, gender identity, marital status, religious beliefs, and/orimmigration status. The module focuses on poverty, its possible impacts on the attorney-clientrelationship, and how to communicate with clients more effectively in order to prepare attorneysfor their first client meetings.The training relies on facilitator-guided participant discussion with limited lecturing and videoused to enrich learning. To ensure that all participants have an opportunity to join the discussion,a facilitator to participant ratio of eight participants per facilitator is recommended.As presented here, the training duration is two hours. However, it can be tailored to meetdifferent organizational needs and sections can easily be incorporated into other training efforts.ObjectivesBy the end of the module participants will:1. Have an increased understanding of how differences between the attorney and clientmay impact the attorney/client relationship.2. Know some approaches and best practices for working effectively with clients whoare different from themselves.Use of Video ClipsAn accompanying DVD contains insights fromclients, pro bono volunteers, law faculty andFeerick Center staff. Transcripts of the video clipsare included as Appendix B of the materials.4

CROSS-CULTURAL LAWYERING FACILITATOR’S GUIDERecommendations for using particular video clips in each section of the training are provided inthe facilitator notes. The facilitator may wish to review the transcripts and determine whetheradditional clips will be valuable for working with the particular audience being addressed.The DVD includes the followingchapters:1. Establishing rapport;working with clientssignificantly differentthan the volunteer (13clips)2. How to check forunderstanding of advice(3 clips)3. Why volunteer (6 clips)4. Tips for working withclients from a different culture—bridging the gap (10 clips)5. Effective communication techniques—including working with limited Englishproficient clients (6 clips)6. Advice for new pro bono practitioners (5 clips)7. Working with clients different from ourselves –an interview with CUNY lawprofessor Susan BryantUse of PowerPointIf you are using the PowerPoint slides included with thiscurriculum, Facilitator’s Notes are provided under each slide.These notes mirror the Facilitator’s Notes included in this guide.HandoutsThe handouts for this session follow the Facilitator’s Notes and Instructions. Distribute all thehandouts at the beginning of the training.1.2.3.4.5.6.Handout #1 The Impact of PovertyHandout #2 Aspects of CultureHandout #3 Working with a Diverse ClienteleHandout #4 Cross Cultural Competency Q & AHandout #5 Cultural CompetenceHandout #6 Evaluation5

CROSS-CULTURAL LAWYERING FACILITATOR’S GUIDEAnnotated Session AgendaActivityPart One: Welcome, Introductions,Training GoalsVolunteers introduce themselves anddiscuss why they have chosen to performpro bono work.Part Two: The Impact of Poverty onClients’ LivesPoverty data is introduced andparticipants consider what impactspoverty may have on clients as theyinteract with the legal system.Part Three: Working with a Clientfrom another CultureA definition of “Culture” is provided andparticipants apply it first to the culturefound in a hospital and then to culturefound in legal o Option: Select from“Why Volunteer” ChapterSlides15Handout #1 The Impact ofPovertyVideo Option: Select from“Why the Client neededAssistance” Chapter4-1030Handout #2 Aspects ofCultureVideo Option: AEPVolunteer Jeremiah Quinlanon cultural differences.Professor Susan Bryant onWhy Culture is Important toLaw Practice.Handout #3 Working with aDiverse ClienteleVideo Option: Select from“Tips for Working withClients from a DifferentCulture” chapter. ProfessorBryant on “the lawyer’sjob”.Handout #4 CrossCultural Competency Q & AHandout #5 CulturalCompetence in the Contextof Legal RepresentationVideo Option: Select from“Establishing Rapport”ChapterHandout #6 EvaluationVideo Option: ProfessorBryant on “Using CulturalKnowledge”11-13Part Four: Working with DiversePeopleParticipants explore whether culturaldifferences have meaning in legalrepresentation. Also discussed is thepossible impact of past experiences withthe justice system on clients.30Part 5: Preparing for the First ClientMeeting -- Best Practice forCommunicating EffectivelyBest practices for communicatingeffectively with clients who are differentfrom the volunteer are discussed.20Part 6: Final Thoughts/EvaluationParticipants evaluate the trainingexperience and state one learning he orshe is taking away from the program.101-314-1516-1920-226

CROSS-CULTURAL LAWYERING FACILITATOR’S GUIDEPart One: Welcome, Introductions, and Training GoalsTime: 15 MinutesSlides: 1- 3Overview: Facilitator welcomes group, introduces self, and briefly reviews training programgoals. Participants are asked to briefly describe their legal background and give one reason whythey have chosen to do pro bono work. Facilitator acknowledges and thanks participants forvolunteering and reviews the goals of the training program.Facilitator Step by Step:1. Welcome participants. Thank them for coming to the program and for volunteering. Notethat this is an interactive training that builds on the participants’ experiences andknowledge.2. Briefly review training objectives. By the end of the module participants will:a. Have an increased understanding of how differences between the attorney andclient may impact the attorney/client relationship.b. Know some approaches and best practices for working effectively with clientswho are different from themselves.3. Ask participants to briefly describe their legal background and give one reason why theyhave chosen to do pro bono work. The facilitator has the option of showing one or morevideo clips.Video OptionThere are 6 clips available in the DVD chapter “Why Volunteer”:Sania Metzker: “An Obligation and A Privilege” Attorney Emeritus Volunteer Sania Metzker citesher family tradition of public service and giving back to the community.Janet Connolly: “Playing Bridge and Improving the World” Janet Connolly, an Attorney EmeritusVolunteer, explains how even intellectual property lawyers can provide pro bono services.Pat Castellan: “Empowering People to Help Themselves” Following a career at Exxon, AttorneyEmeritus Volunteer Pat Castellan cites the rich rewards of empowering others.John Feerick: “I Should Have Done More” John Feerick, Feerick Center Founder and SeniorCounsel, notes that the most difficult public service is the most purposeful and meaningful.Dora Galacatos: “The Necessities of Life” Feerick Center Director Dora Galacatos invites lawyersto use their skills to help people stay in their homes, keep their children and achieve economicsecurity.Robert Reilly: “At the End of the Evening Everyone is Smiling” Fordham Law School AssistantDean Robert Reilly remarks on the professional satisfaction Emeritus volunteers receive and thecamaraderie they experience.7

CROSS-CULTURAL LAWYERING FACILITATOR’S GUIDEPart Two: Our Clients’ LivesTime: 10 minutesHandout #1 The Impact of PovertySlides: 4 - 10Overview: Through poverty data and discussion participants examine poverty and its impacts.Most current New York State and New York City poverty data is included in the trainingmaterials and the group is presented with a definition of poverty to discuss.Facilitator Step by Step:1. Facilitator briefly presents recent poverty data. However, what this part of the training istrying to get at is not that there is poverty, but rather what the impacts of poverty may beon people experiencing it, and finally what, if any, impact there may be on therelationship between the client and the pro bono attorney. Show (click through withoutcomment) the poverty data slides, letting participants read them.Poverty Data with ReferencesAccording to the 2011 Poverty Report 1 prepared by the New York State CommunityAction Association: More than 2.6 million New Yorkers struggle in households with incomes belowthe federal poverty line. 1.6 million lived in New York City; 1.8 million relied onfood stamps. More than 866,000 children live in poor households. 11.6% of senior citizens live in poverty in New York State. More than 1.7 million New Yorkers do not have health insurance.According to a 2010 report from the Working Poor Families Project: 70.2% of New York families with income under 200% of the poverty level areworking. 2 In New York City the 2010 census data put the city’s foreign born population atmore than three million (37.2%) and revealed that half of New Yorkers age 5 andolder do not speak English at home.1New York State Poverty Report, New York State Community Action Association, August ilies.org/states/popups/new york.html.8

CROSS-CULTURAL LAWYERING FACILITATOR’S GUIDEMore than 2.3 million litigants still attempt to navigate the complex civil justice systemwithout a lawyer each year. Representation by counsel is unavailable for all but a verysmall fraction of tenants in eviction cases in all four Judicial Departments, borrowers inthousands of consumer credit cases filed in New York City, and parents in child supportmatters in rural, suburban, and urban areas. 3Living Below the Poverty Level 4 2011 federal census data shows that 6,498,000 New Yorkers are living at orbelow 200 percent of the poverty level — which is 33.6 percent of the residents ofthe State. 5For New York City, the percentage for residents living below 200 percent of thefederal poverty level in 2011 was even higher at 41 percent. Nearly 21 percent ofCity residents are now living at or below 100 percent of the federal poverty rate. 63See Task Force To Expand Access To Civil Legal Services In New York, Report To The Chief Judge OfThe State Of New York (2010) available at ces/PDF/CLS-TaskForceREPORT Nov-2012.pdf4When most people talk about the poverty level or poverty line, they are usually referring to the Federalpoverty guidelines. This is the definition of poverty issued each year by the Department of Health andHuman Services (HHS). It's used to determine who receives federal subsidies or aid. There are twoslightly different versions of the federal poverty measure: the poverty thresholds, and the povertyguidelines.The poverty thresholds are the original version of the federal poverty measure. They are updated eachyear by the Census Bureau. The thresholds are used mainly for statistical purposes — for instance,preparing estimates of the number of Americans in poverty each year. The poverty guidelines are theother version of the federal poverty measure. They are issued each year in the Federal Register by theDepartment of Health and Human Services. The guidelines are a simplification of the poverty thresholdsfor use for administrative purposes — for example, determining financial eligibility for certain federalprograms. When using the poverty guidelines to set eligibility criteria, some programs use a percentagemultiple of the guidelines, such as 125 percent or 185 percent. This is not the result of a single coherentplan; instead, it stems from decisions made at different times by different congressional committees orfederal agencies.5See, e.g., Current Population Survey: Poverty Status by State 2011, UNITED STATES CENSUSBUREAU, v/POV46 001 185200.htm (lastvisited Nov. 14, 2012).6See, e.g., ALLIANCE FOR A GREATER NEW YORK, Poverty in New York City: Borough Analysisof Data from the US Census Bureau’s 2011 American Community Survey (2012),http://www.alignny.org/wp-content/uploads/ 2012/09/NYCPoverty-Report-2012.pdf.9

CROSS-CULTURAL LAWYERING FACILITATOR’S GUIDE2012 Poverty Guidelines for the 48 Contiguous States and the District of Columbia 7Persons InFamily/Household12345678Poverty Guideline100% 11,170 15,130 19,090 23,050 27,010 30,970 34,930 38,890Poverty Guideline200% 22,340 30,260 38,180 46,100 54,020 61,940 69,960 77,9807This chart is based on the Federal Poverty Guidelines for 2012, which can be found at the U.S.Department of Health and Human Services website. See 2012 HHS Poverty Guidelines: One Version ofthe [U.S.] Federal Poverty Measure, U.S. DEPARTMENT OF HEALTH AND HUMAN ml (last accessed Feb. 20, 2013).10

CROSS-CULTURAL LAWYERING FACILITATOR’S GUIDE2. Facilitator introduces definition of poverty used by the United Nations. (Slide 8 )Fundamentally, poverty is a denial of choices and opportunities, a violation of humandignity. It means lack of basic capacity to participate effectively in society. It means nothaving enough to feed and clothe a family, not having a school or clinic to go to, nothaving the land on which to grow one’s food or a job to earn one’s living, not havingaccess to credit. It means insecurity, powerlessness and exclusion of individuals,households and communities. It means susceptibility to violence, and it often impliesliving in marginal or fragile environments, without access to clean water or sanitation.8Facilitator notes that the United Nations provides a global definition of poverty. Optionaldiscussion question, “What is the nature of poverty and economic hardship in the UnitedStates?”3. Facilitator asks participant to discuss:a. What conditions of poverty might our clients experience? Facilitator Resource:See excerpt from Brookings Institute study on the next page.b. Put yourself in the shoes of someone experiencing the conditions raised inresponse to question #1. What impact, if any, do these conditions have on yourability to:1) Seek and obtain legal counsel?2) Make following legal advice a priority?3) Keep appointments with your attorney?4) Understand and respond to court processes?5) Respond to and work with government bureaucracies?Video OptionThere are 6 clips in the DVD Chapter, “Why the Client Needed Assistance”. Inthe first clip, client Carlos Olmedo, recalls how losing his job led to difficulties.Confronted with the legal system he notes, “I was depressed, worried, because Iwas totally ignorant of the system and the language, which I find a bitcomplicated. In one word I felt abandoned.”8"Indicators of Poverty & Hunger", United Nations. Retrieved 2011-05-27.11

CROSS-CULTURAL LAWYERING FACILITATOR’S GUIDEFacilitator Resource: Impacts in High Poverty CommunitiesA 2011 Brookings Institute study notes these impacts in high poverty communities:Limited educational opportunity. Children in high-poverty communities tend to go toneighborhood schools where nearly all the students are poor and at greater risk of failure,as measured by standardized tests, dropout rates, and grade retention. Low performancemay be due not only to family background, but also to the negative effects high-povertyneighborhoods have on school processes and quality. Teachers in these schools tend to beless experienced, the student body more mobile, and additional systems must often be putVideoOptionin place todeal withthe social welfare needs of the student body, creating further demandson limited resources.There are 6 clips in the DVD Chapter, “Why the Client Needed Assistance”. In the firstclip,clientratesCarlosandOlmedo,recalls howlosing hisjob ledto difficulties.ConfrontedwithIn

Special recognition is due to Professor Susan Bryant of CUNY School of Law whose teachings provide the foundation and the blue print for building a cross-cultural law practice. Susan gave her ideas, expertise, energy and support to this