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SAME WORDS,DIFFERENT LANGUAGE
Just put t ing i t out t here:
Um, what makes you the expert?From Outsourced: ht tp:/ /youtu.be/blmDm9Sekmc
One typical problem:Again, from Outsourced: htt p:/ /www.youtube.com/watch?v=n9k1fGypyEo
Melissa Kenney Ngaruri, Esq., KP Law, LLC
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SAME WORDS,DIFFERENT LANGUAGE
Just put t ing i t out t here:
Expressed Frustrations Learning
Intercultural Communicat ion.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 thatspecific 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
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SAME WORDS,DIFFERENT LANGUAGE
At t r ibut ional Bias A cognit ive bias affect ing the way we determine
who or what causes an event or act ion and what
that event or act ion means.
- Experience: How can at t r ibut ional bias backfire?
http://youtube/nhe0KSGoUgc
Melissa Kenney Ngaruri, Esq., KP Law LLC
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Intercultural Communication 101
Basic rule: Never assume you understand your client , and
never assume they understand you.
- Ask, don't j udge.
Melissa Kenney Ngaruri, Esq., KP Law LLC
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Intercultural Communication 102
Goal: Become a bet ter advocate byfostering bet ter communicat ion
Counsel = Counselor.
Work t o overcome natural human tendency to
categorize something not understood as wrong .
Melissa Kenney Ngaruri, Esq., KP Law LLC
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Intercultural Communication 201
Rule Number 1:Cultivate Cultural Self-Awareness
Ident i f y your own self:
Ethnicity, socio-economic status, marital status
Gender, childhood, educat ion
Age, religious belief, physical characterist ics
Melissa Kenney Ngaruri, Esq., David Lowry Law Offices
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Intercultural Communication 202
Pract ice exercise:Self-awareness and general and specif ic culture norms
Saf e environment please. Please do not be
embar rassed t o share a st ereot ype based on your
observat ion of your par t ner i t wi l l help our
exercise.
Af t er sharing l ist wit h par t ner , we wi l l shareobservat ions wi t h t he group
Melissa Kenney Ngaruri, Esq., KP Law LLC
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Intercultural Communication 203
Rule Number 3:Know Thyself -wi thout self -condemnat ion.
You have always been a life-long learner of cross-cultural
communicat ion. Now become more effect ive by:
Not icing how and when biases cause you t o make
incorrect factual assert ions about a client.
Learning to refrain from judgment and assumptions and
instead uncover your client's facts.
Melissa Kenney Ngaruri, Esq., KP Law LLC
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Intercultural communication 301
Your Toolkit : The 5 Habitsfor Cross-Cultural Lawyering
Habit One: Degrees of Separat ion and Connect ion
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 Habit s for Cross-Cult ural Lawyering, in Kim Barret t &
William George, Race, Culture, Psychology and Law (47-62), Sage Publications (2005).
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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 signif icance of these similar it ies and
differences.
Melissa Kenney Ngaruri, Esq., KP Law LLC
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Intercultural Communication 303
Habit Two:The Three Rings
Analyze cultural differences/similarities betweenlawyer-client , client-law and lawyer-law t hat will
affect the case.
Assess claimant 's case, claimant credibilit y, legalst rategy, the at torney's own agenda, and overlap of
similarit ies and dif ferences.
Melissa Kenney Ngaruri, Esq., KP Law LLC
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Intercultural Communication 304
Habit Three: Parallel Universes Ident ify alternat ives to assumed explanat ions for
Claimant's behavior.
Habit Four: Red Flags and Remedies
Listen deeply , tailor scr ipts, use techniques that
confirm understanding, gather culture-sensit ive
informat ion, look for red f lags that communicat ion is not
working, make corrections.
Melissa Kenney Ngaruri, Esq., KP Law LLC
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Intercultural Communication 304
Habit Five:The Camel's Back
Engage in self-analysis rather than self-j udgment .
If a red f lag that recurs in interact ions with
claimants, brainstorm ways to address it.
Ident ify factors that tend to be present at
part icularly smooth encounters with clients.
Melissa Kenney Ngaruri, Esq., KP Law LLC
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Intercultural Communication 401
Everyday pract ice:What can you do t o comm unicat e ef f ect ively i f you don't know t he
cust om or cul t ure of t he c laimant in f r ont of you?
Speak slowly.
Translat e Engli sh t o Engli sh.
Talk t o your claim ant about cross-cul t ure at t he int erview .
Melissa Kenney Ngaruri, Esq., KP Law LLC
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Intercultural Communication 401
Everyday pract ice:What can you do t o comm unicat e ef f ect ively i f you don't know t he
cust om or cul t ure of t he c laimant in f r ont of you?
Separate Questions
Avoid Negat ive Quest ions
Take Turns
Melissa Kenney Ngaruri, Esq., KP Law LLC
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Intercultural Communication 401
Everyday pract ice:What can you do t o comm unicat e ef f ect ively i f you don't know t he
cust om or cul t ure of t he c laimant in f r ont of you?
Writ e i t Down
Be Supportive
Check Meanings
Avoid Slang
Melissa Kenney Ngaruri, Esq., David Lowry Law Offices
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Intercultural Communication 401
Everyday pract ice:What can you do t o comm unicat e ef f ect ively i f you don't know t he
cust om or cul t ure of t he c laimant in f r ont of you?
Wat ch t he humor
Maintain Et iquette
Melissa Kenney Ngaruri, Esq., David Lowry Law Offices
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Intercultural Communication 500
Real World Application cases inSocial Security Disability Law:
Hearing level use of culture to explain Claimant's near-
SGA Interview level use of cross-culture techniques to uncover
undiscovered severe head trauma
Audience Quest ions, App l icat ion Discussion
Melissa Kenney Ngaruri, Esq., KP Law LLC
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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 givesspecific 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, Psychologyand 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 Reaven1997. http://www.pbs.org/ampu/crosscult.htm l
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-culturalpractice.
Melissa Kenney Ngaruri, Esq., KP Law LLC