Five Habits for Cross Cultural Lawyering

Author: 
Susan Bryant & Jean Koh Peters
Location: 
New York
Date of Publication: 
1999

This article describes how “culture” shapes what each of us knows, understands and values; culture shapes how we make sense of the world. The authors suggest that all lawyering is in fact cross-cultural, not only because lawyers and their clients frequently have different cultural backgrounds, but because “law” itself can be understood as a particular culture. Lawyers need to learn how to identify their own assumptions, and to develop the capacity to enter the cultural imagination of others if they are to form meaningful relationships with clients that are grounded in trust. The authors propose “five habits” that lawyers should attempt to develop, so that they learn to challenge their own cultural assumptions and to genuinely hear and respect others. The “habits” are also intended to assist in planning the presentation of a legal case, anticipating how decisionmakers will hear and understand (or misunderstand) a client’s situation.

Although this article was written with lawyers in mind, these assumptions of course are also of relevance to advocates and community workers who work with immigrant and refugee communities regarding access to justice issues.