Embracing Culture Competence to Enhance Legal Representation

I sat listening intently to my constitutional law professor, engrossed in the lecture-induced dawning realization that the word “equality” did not in fact appear anywhere in the U.S. Constitution. My body leaned forward, as I unconsciously shook my head in agreement with my professor’s assessment that this celebrated document was flawed in many ways that continue to mar society today. Catching the movement out of the corner of his eye, my professor looked at me inquisitively and asked which part I disagreed with. Startled, I replied with fervor that I wholeheartedly agreed with him. Then I realized that I had been shaking my head from side to side instead of up and down, as I had often seen my Indian father do when he approved of an idea and wanted to express his support. Subtle body movements, vocal sounds and unconscious gestures, informed and molded by cultural norms, have entirely different significance based on the cultural lens through which they are observed. An incorrect reading could very quickly escalate to misunderstanding, offense, or a missed opportunity to create a connection. Nowhere is this truer than in the legal profession.

Culture is both the stark and subtle elements that form the identity of a group of people. The common elements that we can identify across cultures like cuisine, attire and language are accessible markers that allow us to create a broad-stroke sketch in our mind. We are able to hold up that sketch and compare and contrast it to the collection of artwork that we have accumulated through our life experiences. But we tend to accept the methods that we have seen before and treat different techniques with suspicion, discomfort or intrigue. The reason that each of these reactions, including intrigue, is disabling is because it creates a separation. If as a legal community we are able to observe and take in without judgment and without assigning an internal ranking to different cultural values, we are better equipped to creating a culturally competent workforce. Cultural competency, in my view, is desirable to ensure that one is in a position to fully understand the needs of another.