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Cultural Competency – What's the Point?

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Cultural Competency – What's the Point? Cultural Competency – What’s the Point? Presented By: Jeffery Hewitt University of Windsor Windsor, ON Sandra Yamate Institute for Inclusion in the Legal Profession Chicago, IL Presented at: ACLEA 53rd Annual Meeting July 29th – August 1st, 2017 Montréal, Québec Jeffery Hewitt University of Windsor Windsor, ON Jeffery Hewitt (Cree) is an Assistant Professor at the University of Windsor, Faculty of Law. His research interests include Indigenous legal orders and governance, constitutional and administrative law, human rights and remedies, business law, art and law. He teaches constitutional law. Professor Hewitt has served as Visiting Scholar and McMurtry Fellow at Osgoode Hall Law School, York University as well as adjunct faculty at both Osgoode Hall Law School and the University of Toronto, Faculty of Law; was the 2015 Charles D. Gonthier Fellowship from the Canadian Institute for the Administration of Justice; and a 2013/14 McMurtry Fellow at Osgoode Hall Law School examining the relationship between Indigenous art and law; is past‐President of the Indigenous Bar Association of Canada; and since 2002 served as General Counsel to Rama First Nation during which time General Counsel’s office received a 2011 Canadian General Counsel Award for Social Responsibility for work with First Nation Elders and youth. Professor Hewitt holds an LLB and LLM from Osgoode Hall Law School and is called to the Bar in the Province of Ontario (since 1998); has served on various boards, including Aboriginal Legal Services of Toronto; and is currently on the executive of Legal Leaders for Diversity. Professor Hewitt has delivered numerous guest lectures at law schools as well as to both the judiciary and the legal profession in his areas of research. Sandra Yamate Institute for Inclusion in the Legal Profession Chicago, IL Sandra S. Yamate is the Chief Executive Officer of the Institute for Inclusion in the Legal Profession (IILP ). IILP is a 501(c)3 organization dedicated to creating a more diverse and inclusive legal profession through its research and programs. After practicing law for ten years, Sandra served as the Executive Director of the Chicago Committee on Minorities in Large Law Firms and as the Director of the American Bar Association's Commission on Racial and Ethnic Diversity in the Profession. Sandra earned her JD from Harvard Law School and an AB in Political Science (cum laude) and History (magna cum laude) from the University of Illinois at Urbana‐Champaign where she was elected to Phi Beta Kappa. Sandra has written and spoken extensively on community engagement, diversity and inclusion, cultural competency and multicultural issues. Sandra and her husband, Brian Witkowski, reside in Chicago with their two dogs, Cashew and Filbert. Cultural Competency – What’s the Point? Information provided by: Jeffery Hewitt, General Counsel, Rama First Nation and Professor, Faculty of Law, University of Windsor Reference Materials: Application for Certification (Common for all Applicants) Indigenous Legal Issues Certification: 1. Standards for Certification 2. Statement of Reference Form – Lawyer Referee 3. Statement of Reference Form – Indigenous Community Member Referee 4. Learning Criteria Civil Litigation Certification: 1. Standards for Certification 2. Statement of Reference 3. Learning Criteria Reference Links: The Law Society of Upper Canada Certified Specialist Application Materials http://www.lsuc.on.ca/For-Lawyers/About-Your-Licence/Certified-Specialist-Application-Materials/ Indigenous Legal Issues – Learning Criteria http://www.lsuc.on.ca/with.aspx?id=2147502962 IILP Review 2017: The State of Diversity and Inclusion in the Legal Profession IILP Review 2017 •••• 1 2 •••• IILP Review 2017 IILP Review 2017: The State of Diversity and Inclusion in the Legal Profession IILP Review 2017 •••• 1 Editorial Board Editor-in-Chief Elizabeth Chambliss Editorial Board Brian W. Duwe Sharon E. Jones Philip Lee Sandra S. Yamate Articles Editors Joseph Giordano Gabriella Tringali Editorial Assistants Hannah Kelly Sarah Miller The views and opinions expressed herein are those of the author of each article or essay and not necessarily those of the Institute for Inclusion in the Legal Profes- sion or the employer of any author. Any individuals who may be quoted in specific articles and who are identified in connection with their employer are not representing the views, opinions, or © 2017 Institute for Inclusion in the Legal Profession positions of their employer unless that All rights reserved. representation is specifically noted. 2 •••• IILP Review 2017 Table of Contents 8 Letter from the Chair 9 Letter from the Editor-in-Chief 10 Letter from The Claro Group 11 About IILP 11 About the IILP Review: The State of Diversity and Inclusion in the Legal Profession The State of Diversity and Inclusion in the Legal Profession 13 The Demographics of the Profession by Elizabeth Chambliss Diversity and Inclusion in the Legal Profession: Current Challenges 39 The Association of Legal Administrators Diversity Toolkit by The Association of Legal Administrators 52 Changing the Landscape of the Legal Profession Globally: The Development of a Culturally- Sensitive Diversity and Inclusion Pipeline by Gretchen Bellamy 56 The Undocumented JD: The Changing Landscape of Admissibility to the Bar for Undocumented Immigrants by Colette A. Brown IILP Review 2017 •••• 3 Table of Contents 62 An Innovative Approach to Hiring Lawyers: One Firm’s New Program Reflects Its Firm Values and Eliminates Implicit Bias by Lisa A. Brown 66 The Scientific Basis for the Ethical Obligation to Require Action to Eliminate Bias and Promote Diversity in the Legal Profession by David L. Douglass 72 Focus on the “How” (not the “Why”) of the Commitment to Diversity in the Legal Profession by Stacy Hawkins 86 Diversity and Inclusion: Transformative Steps to a More Inclusive Profession by Sharon E. Jones 93 Erase the Lines … We’re All in This Together by Sidney K. Kanazawa 100 Mentoring Law Students: A Theoretical Frame and Praxis by Melinda S. Molina 105 From Bystanders to Upstanders: Amplifying Diversity Efforts Through Action by Meredith Moore and Drew Gulley 112 An Empirical Analysis of Diversity in the Legal Profession by Jason P. Nance and Paul E. Madsen 119 On a Mission to Bring “True Diversity” to the Field of Law by Leon B. Silver 4 •••• IILP Review 2017 124 Corporate Lawyers and Diversity Discourse by Cheryl L. Wade 132 Diversity of Talent: Maximizing Diversity of Thought, Minimizing the Use of Problematic Heuristics by Lisa Webley and Liz Duff Gender Diversity and Inclusion Issues in the Legal Profession 137 Rising to the Challenge: How the NAWL Challenge Club is Helping Corporations and Law Firms Advance Women in the Profession by Angela Beranek Brandt and Alan Bryan 142 The Next Generation of Women's Diversity Initiatives by Margo Wolf O’Donnell and Marcia Owens Racial and Ethnic Diversity and Inclusion Issues in the Legal Profession 149 Looking Back to Push Forward: An Overview of Asian American Involvement in the Civil Rights Movement by Brandon R. Mita 160 The Rise of the Uniform Bar Exam: Considerations for the Diversity Pipeline and Indian Law by Lauren van Schilfgaarde and Kori Cordero 171 Filipinos on the Bench: Challenges and Solutions for Today and Tomorrow’s Generations by Serafin Tagarao, Edward Dailo, and Christine J. Gonong 180 The Way to Stop Discrimination on the Basis of Race… By Ronald Turner IILP Review 2017 •••• 5 Table of Contents Disability Diversity and Inclusion Issues in the Legal Profession 191 Disability Diversity: A Primer for the Legal Profession By Sarah Babineau and Jason Goitia 199 Attorneys with Disabilities: Shedding Light on the Invisible Element of Diversity by Angela Winfield LGBT Diversity and Inclusion Issues in the Legal Profession 205 LGBT Equality in the Legal Sector: A View from the United Kingdom by Daniel K. Winterfeldt, and Eilidh Douglas 212 Thirty Years of Progress, Far from Perfection: The LGBT Experience in the Legal Industry from the 1980s to the Present by Brian J. Winterfeldt, Sherry L. Jetter, Timothy C. D’Arduini, and Emily D. Murray The Intersection of Diversity and Inclusion Issues in the Legal Profession 219 Latina Lawyers - Still Too Few and Far Between: The Hispanic National Bar Association Latina Commission’s Efforts to Chart a More Open Path by Jill Lynch Cruz 226 A Qualitative Study of the Lived Experiences of Black Women Equity Partners in Elite Law Firms by Keith H. Earley 237 Barring Black Men: Character and Fitness and the Underrepresentation of Black Men in the Legal Profession by Jay E. Mitchell 6 •••• IILP Review 2017 246 Expanding the Pie: A New Approach to Big Law’s Never-Ending Diversity Problem by Tiffany R. Harper and Chasity A. Boyce 250 South Asian American Women Lawyers: Supporting Each Other by Mona Mehta Stone 268 About the Authors 296 Practice Round-Up 314 IILP Board of Directors 315 IILP Advisory Board 316 Partners, Allies, Supporters, and Friends 320 Acknowledgements IILP Review 2017 •••• 7 January, 2017 Dear Colleagues, The Institute for Inclusion in the Legal Profession (IILP) is proud to present the IILP Review 2017: The State of Diversity and Inclusion in the Legal Profession. Our fourth Review once again presents important data and analytics on the state of diversity and inclusion in the legal profession. Its original articles contribute to our continuing search for innovative approaches in this area. The IILP Reviews are an important platform for the advancement of real, meaningful change. I am
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