recognizing and responding to micro- aggressions in the
TRANSCRIPT
Recognizing and Responding to Micro-
aggressions in the Legal Profession
2018 Partnership Conference
Wednesday, October 3, 2018
10:00 a.m. – 11:15 p.m.
Sponsored by the Committee on Legal Aid and the Committee on Continuing Legal
Education of the New York State Bar Association
This program is offered for educational purposes.
The views and opinions of the faculty expressed during this program are those of the presenters and authors of the materials. Further, the statements made by the faculty
during this program do not constitute legal advice.
Copyright © 2018
All Rights Reserved New York State Bar Association
Accessing the Online Course Materials
Below is the link to the online course materials. These program materials are up-to-date and include supplemental materials that were not included in your course book.
www.nysba.org/Partnership2018Materials
All program materials are being distributed online, allowing you more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice. WiFi access is available at this location however, we cannot guarantee connection speeds. This CLE Coursebook contains materials submitted prior to the program. Supplemental materials will be added to the online course materials link.
New York Rules of
Professional Conduct
These Rules of Professional Conduct were promulgated as Joint Rules of the Appellate Divisions of the Supreme Court, effective April 1, 2009, and amended on several occasions thereafter. They supersede the former part 1200 (Disciplinary Rules of the Code of Professional Responsibility). The New York State Bar Association has issued a Preamble, Scope and Comments to accompany these Rules. They are not enacted with this Part, and where a conflict exists between a Rule and the Preamble, Scope or a Comment, the Rule controls. This unofficial compilation of the Rules provided for informational purposes only. The official version of Part 1200 is published by the New York State Department of State. An unofficial on-line version is available at www.dos.ny.gov/info/nycrr.html (Title 22 [Judiciary]; Subtitle B Courts; Chapter IV Supreme Court; Subchapter E All Departments; Part 1200 Rules of Professional Conduct; § 1200.0 Rules of Professional Conduct).
http://nycourts.gov/rules/jointappellate/ NY-Rules-Prof-Conduct-1200.pdf
Free, Confidential Help for the Problems Lawyers Face
NYSBA Lawyer Assistance Program 1.800.255.0569 | nysba.org/LAP
All LAP services are confidential and protected under Section 499 of the Judiciary Law as amended by Chapter 327 of the Laws of 1993.
NYSBA CLE
Bringing you the best and most relevant continuing education to help you be a better lawyer. Last year over 2,000 lawyers and judges
volunteered for a NYSBA CLE. For decades, CLE volunteers have been developing and presenting seminars, preparing rich collections of written
materials and raising the bar for legal practice in New York.
View a Complete Listing of Upcoming CLE Programs at www.nysba.org/CLE
New York State Bar Association FORMS FOR VERIFICATION OF PRESENCE AT
THIS PROGRAM Pursuant to the Rules pertaining to the Mandatory Continuing Legal Education Program
for Attorneys in the State of New York, as an Accredited Provider of CLE programs we are required to carefully monitor attendance at our programs, to ensure that certificates of attendance are issued for the correct number of credit hours in relation to each attendee’s actual presence during the program. Therefore, we ask that you complete this form and return to our registration staff at the end of the program. Each person may only turn in his or her form at the appropriate times—you may not turn in a form for someone else. Also, if you leave the program at some point prior to its conclusion, you should check out at the registration desk. Unless you do so, we may have to assume that you were absent for a longer period than you may have been, and you will not receive the proper number of credits.
Please turn in this form at the end of the program,
with your program evaluation form.
Recognizing and Responding to Microaggressions in the Legal Profession 2018 Partnership Conference
Wednesday, October 3, 2018 | Albany Name:________________________________________________ (please print) I certify that I was present during this program. Signature:_____________________________Date:_______________
N E W Y O R K S T A T E B A R A S S O C I A T I O N
Live Program Evaluation (Attending In Person)Please complete the following program evaluation. We rely on your assessment to strengthen teaching methods and improve the programs we provide. The New York State Bar Association is committed to providing high quality continuing legal education courses and your feedback is important to us.
Program Name:
Program Code:
Program Location:
Program Date:
1. What is your overall evaluation of this program? Please include any additional comments. n Excellent n Good n Fair n Poor
Additional Comments ________________________________________________________________________________________
___________________________________________________________________________________________________________
2. Please rate each Speaker’s Presentation based on CONTENT and ABILITY and include any additional comments.
CONTENT ABILITYExcellent Good Fair Poor Excellent Good Fair Poor
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
n n n n n n n n
(please turn over)
Additional comments (CONTENT)
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
Additional comments (ABILITY)
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
3. Please rate the program materials and include any additional comments. n Excellent n Good n Fair n Poor
Additional comments
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
4. Do you think any portions of the program should be EXPANDED or SHORTENED? Please include any additional comments. n Yes – Expanded n Yes – Shortened n No – Fine as is
Additional comments
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
5. Please rate the following aspects of the program: REGISTRATION; ORGANIZATION; ADMINISTRATION; MEETING SITE (if applicable), and include any additional comments.
Please rate the following:Excellent Good Fair Poor N/A
Registration n n n n n
Organization n n n n n
Administration n n n n n
Meeting Site (if applicable) n n n n n
Additional comments
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
6. How did you learn about this program? n Ad in legal publication n NYSBA web site n Brochure or Postcard n Social Media (Facebook / Google) n Email n Word of mouth
7. Please give us your suggestions for new programs or topics you would like to see offered
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
NEW YORk STATE BAR ASSOCiATiONOne Elk Street, Albany, NY 12207Phone: 518-463-3200 | Secure Fax: 518.463.5993
Table of Contents Recognizing and Responding to Micro-aggressions in the
Legal Profession
Copyright © 2018
New York State Bar Association
1. Outline - Recognizing and Responding to Micro-aggressions in the Legal Profession ................................................................................ 1
2. PowerPoint – Recognizing and Responding to Micro-aggressions… 3
3. Faculty Biographies ........................................................................... 91
Recognizing and Responding to Microaggressions in the Legal Profession
A panel presentation – 75 minutes 1. Introductions: (5 mins) Musical intro: “I am not my hair”
a. Moderator: Erica Ludwick b. Panel: Milo Primeaux, Edwina Martin, Michelle Krauss
2. Goals for the morning: (2 mins)
a. Help participants identify microaggressions b. Offer a basic understanding of why microaggressions are harmful c. Provide space for sharing experiences as recipients and observers d. Offer strategies to help people understand the full range of responses available e. Help articulate how a person might support a colleague or client who
experiences a microaggression f. Recognizing you might be a microaggressor and how to respond to your own
microaggressions g. Identify supports for recipients or observers
3. Ground Rules: (3 mins) – solicit others
a. Stay present – turn off AND put away electronic devices b. Step up, step back c. Keep an open mind and an open heart – think before you respond d. Confidentiality e. Safe space, brave space f. Be respectful of others thoughts, opinions, words, etc. g. Check your roles at the door – everyone is an equal in the room
4. A Common Language: (20 mins)
a. What is a microaggression? Dr. Sue video (4 min, 25 sec) or definition? b. Types of microaggressions:
i. Microassault ii. Microinsult
iii. Microinvalidation c. Recognizing a microaggression – examples d. Quickwrite Exercise
5. Responding to microaggressions: (20 mins)
a. Why do microaggressions happen? b. Spectrum of responses c. How do we respond? d. Quickwrite Revisited
6. Responding when you are called out for committing a microaggression (20 mins)
a. Role play or video
7. Standards of Civility, NYS Rules of Professional Conduct, Examine internal policies & Wrap-up (5 mins) Musical exit “Man in the mirror”
1
2
1.
3
2.
4
3.
5
4.
6
5.
7
6.
8
7.
9
8.
10
9.
11
10.
12
11.
13
12.
14
13.
15
14.
16
15.
17
16.
18
17.
19
18.
20
19.
21
20.
22
21.
23
22.
24
23.
25
24.
26
25.
27
26.
28
27.
29
28.
30
29.
31
30.
32
31.
33
32.
34
33.
35
34.
36
35.
37
36.
38
37.
39
38.
40
39.
41
40.
42
41.
43
42.
44
43.
45
44.
46
45.
47
46.
48
47.
49
48.
50
49.
51
50.
52
51.
53
52.
54
53.
55
54.
56
55.
57
56.
58
57.
59
58.
60
59.
61
60.
62
61.
63
62.
64
63.
65
64.
66
65.
67
66.
68
67.
69
68.
70
69.
71
70.
72
71.
73
72.
74
73.
75
74.
76
75.
77
76.
78
77.
79
78.
80
79.
81
80.
82
81.
83
82.
84
83.
85
84.
86
85.
87
86.
88
87.
89
88.
90
Faculty Biographies
91
92
Erica Ludwick is a managing attorney in the Amsterdam Office of the Legal Aid Society of Northeastern New York. She supervises a staff of housing and economic justice attorneys, paralegals, and support staff. Ms. Ludwick formerly worked for Legal Services of South Central Michigan, where she worked her way from staff attorney to supervising attorney to managing attorney. In Michigan, she advocated on behalf of low-income and underrepresented individuals both in and out of the courtroom in the areas of housing, consumer, family, public benefits, and elder law. Ludwick has served as an elected member of the Representative Assembly, served as the chair of the Awards and Nominating Committee, and was a member of the Equal Access Initiative of the of the State Bar of Michigan. She also served as a heavy-wheel vehicle mechanic in the U.S. Army, worked as a legal secretary while earning her bachelor’s degree, and went on to graduate cum laude from Western Michigan University Cooley Law School.
93
94
Edwina Frances Martin, Esq., is a public interest lawyer focusing on Public Policy, Government Relations, Non-Profit Management, and Strategic Communications. She currently serves as Deputy Chief of Staff for NYC Councilwoman Debi Rose (49th District). Prior positions include Director of Government Relations, Communications and Pro Bono for Legal Services NYC, and litigation associate with the law firms of Shearman & Sterling LLP and Van Lierop, Burns & Bassett LLP. She began her career serving as law clerk to the Hon. Lawrence W. Pierce in the United States Court of Appeals for the Second Circuit. Ms. Martin has been active with bar associations throughout her career. Her current bar work includes the NYS Bar Association (delegate, 13th Judicial District, House of Delegates; co-chair, President's Committee on Access to Justice); the Network of Bar Leaders (recording secretary); and the Staten Island Women’s Bar Association (past president; chair, Gender Fairness Committee). She is also a member of the Richmond County Bar and the Staten Island Trial Lawyers. Ms. Martin is active in several civic organizations including the New York Bar Foundation (board member), the Staten Island Alumnae Chapter of Delta Sigma Theta Sorority, Inc., and the American Association of University Women-NYS (past president, state board). Ms. Martin has presented on numerous CLE courses for organizations including Legal Services NYC, the NYC Bar, the Women’s Bar Association of the the State of New York, the New York State Bar Association, and AAUW, on a broad array of topics including disaster preparedness, pro bono practice, ethics, and voting rights. She graduated from NYU School of Law (Vanderbilt Medal, Arthur Garfield Hayes Fellow, Convocation class speaker) and holds her B.A. in Art History from Williams College. Edwina Frances Martin, Esq. Delegate (13th JD), House of Delegates, New York State Bar Association Co-Chair, President's Committee on Access to Justice, New York State Bar Association Member, Board of Directors, NY Bar Foundation Recording Secretary, Board of Directors, Network of Bar Leaders Member, Staten Island Alumnae Chapter, Delta Sigma Theta Sorority, Inc. Past President, State Board of Directors, American Association of University Women-NYS, Inc. Past President and Advisory Board Member, Staten Island Women's Bar Association Member, Advisory Board, Friends of Alice Austen House, Inc. Fellow, American Bar Foundation and The New York Bar Foundation Co-Host, City Watch, WBAI 99.5 FM (Radio Pacifica) (646) 221-9145 (c) [email protected]
95
96
Emile ("Milo") Primeaux, Esq. is a queer transgender person (he/him/his) and long-time LGBTQ+ rights advocate. In addition to running a solo civil rights practice focused on LGBTQ+ rights for Upstate New Yorkers, Milo is founder and CEO of Just Roots Consulting LLC, which works to raise the bar of LGBTQ+ excellence for organizations, institutions, and individuals worldwide. Previously, Milo led the LGBT Rights Project at Empire Justice Center in Rochester, NY, and served as an Equal Justice Works AmeriCorps Legal Fellow at Whitman-Walker Health in Washington, DC. He has provided direct legal services to hundreds of low-income LGBTQ+ people, focusing especially on transgender name changes and LGBTQ-based discrimination in employment, education, healthcare, and places of public accommodation. He's trained over 1,500 attorneys and judges to respectfully and competently serve LGBTQ+ people, and has equipped LGBTQ+ communities nationwide to exercise their legal rights under state and federal law. He works closely with state administrative agencies, legislators, and policymakers to ensure that the law works for all LGBTQ+ New Yorkers. Milo currently serves on the Richard C. Failla LGBTQ Judicial Commission of the New York State Courts, chairs the Monroe County Bar Association's LGBT Committee, and serves on the board of the Out Alliance in Rochester. He earned a Bachelors in Philosophy from the Ohio State University, and his Juris Doctor from the City University of New York (CUNY) School of Law.
97
98
Notes Pages
99
100
101
102
103
104
105
106