NW Lawyer - February 2018

JASON W. ANDERSON | LINDA B. CLAPHAM*

MICHAEL B. KING*° | JAMES E. LOBSENZ*°
GREGORY M. MILLER*

APPEALS
OVER 500 CASES ARGUED ON THE MERITS
(206) 622-8020

WWW.CARNEYLAW.COM

C: 0 M: 0 Y: 0 K: 100

CMYK COLORS

Logotype: Fournier MT

TYPEFACE

R: 0 G: 0 B: 0

RGB COLORS
°Fellow, American Academy of Appellate Lawyers
*Founding Members, Washington Appellate Lawyers Association

system. In describing the importance
of cultural competence, Kiser notes
that to be culturally competent is to
“extend to someone else the respect,
kindness, deference, attention, toler-
ance, and gratitude that characterize
our most effective interactions and
modify our behavior to respect differ-
ent values and mirror different ways of
relating to people.”
Kevin John Fong, a cultural transla-
tor and facilitator, explains:
Just as we each have distinct ideas
about how to get things done, orga-
nizations, communities, and groups
also have distinct and habitual ways of
perceiving and interacting with others.
But when people come together from
diverse traditions and cultures, relating
and working together can prove to be
complex. Uncertainty, suspicion, frus-
tration, and inability to reach consen-
sus can result. To achieve productive
and sustainable outcomes, all members
need to establish sufficient relational
trust to sustain communities that can
draw from the strengths of their respec-
tive cultures. Each individual must
draw upon basic communication skills
while learning to facilitate processes
that work trans-culturally.

Fundamentally, soft skills require civility. When we keep civility central to our individual practices, we support fundamental societal values and we enhance our effectiveness for our clients. Lawyering with civility enhances one’s reputation and trustworthiness with colleagues, opposing counsel, and judges. Effective advocates understand that far from appearing weak, the lawyer who practices civility enhances her effectiveness.

Civility in the legal profession was
described by Washington Supreme
Court Justice Steven Gonzalez as “a
way of connecting and interacting
with people; of engaging and thinking
about what our relationships are with
one another, and of discerning what
we care about it.” The quality of these
connections with other lawyers and
our clients depends on soft skills: how
we communicate, argue and disagree,
how we regulate our own emotions and
understand our client’s emotional needs,
how we show respect and understanding,
and how we respond to incivility.
Dr. Rhea Settles, who offers civility
training through The Civility Zone, em-
phasizes that civility can be taught. The
first step is understanding what civility
is. Dr. Settles offers this definition:
Civility is being mindful of what is
done, said and written and decisions
that are made in an effort not to harm.

As lawyers we have an enormous re-
sponsibility and opportunity with every
word we write or say, and every action
we take or resist taking, to willfully and
mindfully practice civility. Everyone
benefits when we come from a place of
emotional intelligence. It matters. NWL

KATHLEEN WAREHAM is a full-time mediator with Washington Arbitration and Mediation

Service and a frequent speaker and writer on mediation advocacy skills, conflict resolution skills, and mediation ethics. She can be reached at kathleen@kathleenwareham.com.