{"id":241,"date":"2022-02-25T15:18:05","date_gmt":"2022-02-25T20:18:05","guid":{"rendered":"https:\/\/pressbooks.library.ryerson.ca\/eqcqmodule1\/?post_type=part&#038;p=241"},"modified":"2022-02-25T15:40:29","modified_gmt":"2022-02-25T20:40:29","slug":"241-2","status":"publish","type":"part","link":"https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/part\/241-2\/","title":{"raw":"Understanding Emotional and Cultural Intelligence in Practice","rendered":"Understanding Emotional and Cultural Intelligence in Practice"},"content":{"raw":"<h1>Table of Contents<\/h1>\r\n<strong>Understanding Emotional and Cultural Intelligence in the Law<\/strong>\r\n\r\n<strong>Understanding Cultural Intelligence and Competency (CQ)<\/strong>\r\n\r\n<strong>Emotional Intelligence and the Law<\/strong>\r\n\r\n<strong>Why We Need Emotional Intelligence in the Law<\/strong>\r\n\r\n<strong>Thinking Like an Emotionally Intelligent Lawyer<\/strong>\r\n\r\n<strong>Resources for Emotionally Intelligent Lawyering<\/strong>\r\n\r\n<strong>Check For Understanding<\/strong>\r\n\r\n<strong>Cultural Intelligence or CQ and the Law<\/strong>\r\n\r\n<strong>Why We Need Cultural Intelligence in the Law<\/strong>\r\n\r\n&nbsp;\r\n\r\nFor decades, law students have been taught to \u201cthink like a lawyer\u201d. Students are assessed on their ability to think analytically, research and write, and solve problems. Institutions have felt that standardized tests and exams have been the most efficient way to train students to \u201cthink like a lawyer\u201d.\u00a0 However, the dominance of features associated with the \u201cthink like a lawyer\u201d model has been linked with problems of psychological distress in both law students and practitioners. People who are emotionally intelligent can identify and understand their emotions and those of others, regulate emotions in others and themselves, and effectively use emotions to make sound decisions.\r\n\r\nLawyers need to be able to build and maintain working relationships with their clients, colleagues, and other professionals with skills that extend beyond pure legal reasoning and the traditional adversarial approach to conflict. Emotional skills may be just as important as substantive skills \u2013 if not more important \u2013 to a lawyer\u2019s success in practice. The focus in modern-day lawyering has started to shift from \u201cthink like a lawyer\u201d to \u201cthink like an emotionally intelligent lawyer\u201d.\r\n\r\nThe factors in the development of emotionally intelligent lawyers are three-fold. First, lawyers must realize that emotion is part of the human experience. Emotion is a central competency in some areas of legal practice, such as alternative dispute resolution and restorative justice. Second, lawyers would be well-served to demonstrate empathy and social skills when navigating client interactions. Third, lawyers need to understand that emotions need not be associated with weakness nor represent an obstacle to rational thinking. Understanding and controlling emotions are among the key competencies for today\u2019s legal professional\r\n<h2>Understanding Cultural Intelligence and Competency (CQ)<\/h2>\r\nCultural intelligence is related to emotional intelligence. As with emotional intelligence, there is an increasing need for cultural intelligence among legal professionals.\r\n\r\nMost people view culture as relating specifically to ethnicity. However, culture can be defined more broadly, with reference to aspects of a person\u2019s values and behaviour connected to personal identity characteristics. Such characteristics may include gender, sexual orientation, age, religious beliefs, physical and intellectual abilities, and others. Increased mobility and globalization have allowed for more cultural identities.\r\n\r\n&nbsp;\r\n\r\n[caption id=\"attachment_80\" align=\"alignnone\" width=\"856\"]<img src=\"http:\/\/pressbooks.library.ryerson.ca\/eqcqmodule1\/wp-content\/uploads\/sites\/270\/2021\/10\/clay-banks-LjqARJaJotc-unsplash-300x225.jpg\" alt=\"hands on a wooden table\" width=\"856\" height=\"642\" class=\"wp-image-80\" \/> Photo by Clay Banks on Unsplash[\/caption]\r\n\r\nThe world is diverse. Contemporary organizations have started to recognize the value of bridging cultures; both for personal and organizational success. Globalization has rendered many geographic boundaries almost insignificant, and therefore, there is a growing need for cultural intelligence development.\r\n\r\nWhile firms can encourage lawyers to increase their levels of cultural intelligence, success will depend on each lawyer\u2019s ability to exercise initiative in increasing their own level of cultural awareness.\r\n\r\nInsensitivities in lawyer-client interactions often stem from substantial gaps in education. There is an increasing need for more culturally-aware lawyers as our environment becomes more diverse. Many Canadians have been taught to ignore cultural differences and to \u201ctreat everyone the same\u201d; yet, this \u201cminimization\u201d approach has been found to be less effective than those approaches which embrace acceptance of cultural diversity.\r\n\r\nA culturally intelligent professional does not jump to conclusions about others from available stereotypes. They will suspend their judgements until enough information to inform their decision-making becomes available, beyond assumptions made based on the ethnicity of others.\r\n<h2>Emotional Intelligence and the Law<\/h2>\r\nIt is important to remember that emotional intelligence or EQ not only effects the way we perceive the emotions of others, but it reflects our ability to reason and take control over our own emotions. Law students learn equally from both what is said and what is left unsaid. Hope, optimism, and trust are often set aside. Instead, the curriculum forces students to treat litigants as instruments of principle and precedent, rather than how to empathize with them. A recent study found that law students experienced higher levels of emotional distress compared with medical students, and practicing lawyers had levels of distress that almost double the general population.\r\n\r\nIt is well documented that the current legal education teaches the core skills to practice law. However, the fundamental skills of EQ seem to be missing. Although law schools have begun to implement behavioural-skill courses, they are seldomly integrated throughout the curriculum. However, whether or not there is a class explicitly devoted to emotional literacy may matter far less than how these lessons are taught.\r\n\r\nIt may now be more obvious that training future lawyers to \u201cthink like a lawyer\u201d should no longer be the sole focus of legal education. Emotional skills are just as important \u2013 if not more important \u2013 to a lawyer\u2019s success in practice. Firms are beginning to prioritize behaviours such as an ability to work in teams, empathy, and leadership when hiring recent graduates. However, if students are not being taught these skills, how can you expect them to succeed? Since this recognition, the focus has started to shift from \u201cthink like a lawyer\u201d to \u201chow to be a lawyer\u201d, or \u201cthink like an emotionally intelligent lawyer\u201d.\r\n\r\nOne helpful resource for law students and legal practitioners is Ronda Muir's \u201cBeyond Smart Beyond Smart: Lawyering with Emotional Intelligence\u201d\r\n\r\nThe Muir framework\/definition of emotional intelligence has four components:\r\n<ul>\r\n \t<li>emotional perception,<\/li>\r\n \t<li>emotional empathy,<\/li>\r\n \t<li>emotional understanding and<\/li>\r\n \t<li>emotional regulation<\/li>\r\n<\/ul>\r\nMuir writes that \u201cthe emotionally intelligent have an accurate awareness of emotions in themselves and others, can tap into how those emotions feel and are able to understand and manage emotions so as to produce the desired results.\u201d This last piece is really the hook for legal professionals. Understand these skills as both useful and in some cases necessary.\r\n<h2>Why We Need Emotional Intelligence in the Law<\/h2>\r\nAs previously discussed, EQ is recognized as a set of learned skills that can be incorporated into educational programs. Also, research has strongly suggested that EQ is positively correlated with academic and professional success. Students need to prepare for the emotional effects practicing law can have on themselves and their clients, and that EQ can equip them with the tools to identify and manage these effects. At the same time, lawyers need to be able to build and maintain working relationships with their clients, colleagues, and other professionals with skills that extend beyond \u201cpure legal reasoning and an adversarial approach to conflict. A study found that lawyers with higher levels of EQ reported higher levels of satisfaction at work. This study invites further research on the usefulness of courses for law students which are designed to improve EQ.\r\n<h2>Thinking Like an Emotionally Intelligent Lawyer<\/h2>\r\nRather than being taught to \u201cthink like a lawyer\u201d legal education should focus on how to \u201cthink like an emotionally intelligent lawyer\u201d, or \u201chow to be a lawyer\u201d. According to Douglas, an emotionally intelligent lawyer will embody three key abilities: (1) centralize emotion; (2) conceptualize personal and social dimensions of emotional experience; and (3) exemplify reflective practice. First, a lawyer must realize that emotion is part of the human experience in order to transfer EQ into their practice. Emotion is a central competency in areas of legal practice such as alternative dispute resolution and restorative justice. A common example in Canada is the Gladue principles where the courts are asked to consider the unique experiences and considerations of Indigenous peoples. A judge would not be able to properly interpret a Gladue report without profound EQ abilities. Second, lawyers need to be aware of the relevance of emotion in the lawyer-client relationship. The stories and narratives presented by clients will inevitably have an emotional dimension. The practitioner needs to have the ability to work with feelings and demonstrate empathy and social skills to work through problems. Third, lawyers need to rid themselves of the idea that emotion is often associated with weakness or an obstacle to rational thinking. Emotions are necessary for cognitive processes and making good decisions. Together, these three abilities should be the key focus of EQ programs for developing emotionally competent legal professionals.\r\n<h1>Resources for Emotionally Intelligent Lawyering<\/h1>\r\n<div class=\"textbox textbox--examples\"><header class=\"textbox__header\">\r\n<h2><strong>1. Lending an EAR\u2122<\/strong><\/h2>\r\n<\/header>\r\n<div class=\"textbox__content\">\r\n\r\nThere are some practical tips for helping yourself and your clients to be found in Bill Eddy, LCSW, Esq.'s work [footnote]Eddy, Bill, (2018) Retrieved from https:\/\/www.highconflictinstitute.com\/hci-articles\/calming-upset-people-fast-with-ear[\/footnote]. Eddy (2018) breaks his approach down into a focus on Empathy, Attention and Respect. His website is filled with great examples of how this process works.\r\n\r\n<\/div>\r\n<\/div>\r\n&nbsp;\r\n<div class=\"textbox textbox--key-takeaways\"><header class=\"textbox__header\">\r\n<h2>2. The Feeling Inventory<\/h2>\r\n<\/header>\r\n<div class=\"textbox__content\">\r\n\r\nSometimes determining what your triggers are and how you are feeling about things during the work day can help. Here's a helpful tool for law students and practicing lawyers to help them determine how they are feeling.\r\n\r\n<span>[h5p id=\"10\"]<\/span>\r\n\r\n<\/div>\r\n<\/div>\r\n&nbsp;\r\n<div class=\"textbox textbox--learning-objectives\"><header class=\"textbox__header\">\r\n<h2>3. Trauma-Informed Lawyering<\/h2>\r\n<\/header>\r\n<div class=\"textbox__content\">\r\n\r\nTrauma-informed lawyering is a client-centred approach to providing legal services so that clients do not feel overwhelmed and disempowered. An ideal outcome is a client feels empowered and understood while the lawyer maintains their role as counsel, rather than therapist. Most lawyers are not educated about the types of trauma people may experience, or how trauma can impact client decision-making in diverse areas of law. This could arise in criminal, immigration or family law practices but will also arise in wills and estates, corporate law, and insurance.\r\n\r\nHow do your professional duties balance against what duties arise as a result of the client\u2019s particular challenge taking control of a difficult situation? Here's a helpful link to an external website <a href=\"https:\/\/onefamilylaw.ca\/wp-content\/uploads\/2018\/11\/TILTipSheet-Final.pdf\">One Family Law<\/a>.\r\n\r\n<\/div>\r\n<\/div>\r\n&nbsp;\r\n<h2>Check For Understanding<\/h2>\r\nWhat do you think? Why is emotional intelligence important to lawyers? Let's check your understanding so far.\r\n\r\n<span>[h5p id=\"11\"]<\/span>\r\n\r\n<span>[h5p id=\"12\"]<\/span>\r\n\r\n<span>[h5p id=\"13\"]<\/span>\r\n\r\n<span style=\"font-family: 'Cormorant Garamond', serif;font-size: 1.602em;font-weight: bold;text-align: initial\">Cultural Intelligence or CQ and the Law<\/span>\r\n\r\nCultural intelligence (\u201cCQ\u201d) is related to emotional intelligence, but it picks up where EQ leaves off[footnote]P Christopher Earley &amp; Elaine Mosakowski, \u201cCultural Intelligence\u201d (2004) 82:10 Harvard Business Rev 1\u20139.[\/footnote]. CQ is similar to EQ as both intelligences refer to a set of capabilities, rather than a preferred way of behaving[footnote]Soon Ang et al, \u201cCultural Intelligence: Its Measurement and Effects on Cultural Judgment and Decision Making, Cultural Adaptation and Task Performance\u201d (2007) 3:3 Manag Organ Rev 339.[\/footnote]. As is with EQ, there is an increasing need for cultural intelligence (\u201cCQ\u201d) amongst lawyers[footnote]See Amy Salyzyn, \u201cCultural Competence and the Next Generation of Lawyers and Lawyer Regulation\u201d Slaw (2017), online: &lt;https:\/\/www.slaw.ca\/2017\/02\/16\/cultural-competence-and-the-next-generation-of-lawyers-and-lawyer-regulation\/&gt;; Dan Pinnington, \u201cCultural Competence: An Essential Skill in an Increasingly Diverse World\u201d Slaw (2014), online: &lt;http:\/\/www.slaw.ca\/2014\/10\/06\/cultural-competence-an-essential-skill-in-an-increasingly-diverse-world\/&gt;.[\/footnote]. Most people view culture as one\u2019s ethnicity. However, in terms of CQ, culture is more broadly defined as aspects of a person\u2019s values and behaviour that are connected to their personal identity characteristics[footnote]Pinnington, supra note 25.[\/footnote]. These characteristics may include gender, sexual orientation, age, religious beliefs, physical and intellectual abilities, and other characteristics[footnote]Ibid.[\/footnote]. Many Canadians have been taught to ignore cultural differences and to \u201ctreat everyone the same\u201d. Yet, this \u201cminimization\u201d approach is far less effective than those which strive for acceptance of cultural diversity and active adaptation[footnote]Ibid.[\/footnote].\r\n\r\nA research report on law firm diversity found that many participants saw the need for the profession to \u201cacknowledge white privilege and understand how power operates to produce advantages for some and deny advantages to others\u201d. Many participants were in favour of requiring members of the bar to participate in professional development courses on cultural competence and unconscious bias. While a firm can encourage lawyers to increase their cultural competence, success will depend on each lawyer increasing his or her own cultural awareness[footnote]Yamri Taddese, \u201cProfession divided on mandatory collection of diversity data: report\u201d Canadian Lawyer Mag (2015), online: &lt;https:\/\/www.canadianlawyermag.com\/news\/general\/profession-divided-on-mandatory-collection-of-diversity-data-report\/273163&gt;.[\/footnote].\r\n<h2>Why We Need Cultural Intelligence in the Law<\/h2>\r\nIncreased mobility and globalization have allowed for more cultural identities. Shifts in the labour force and movement across national borders called for diversity management. Historically, a culturally diverse workforce has been criticized for hampering communication and preventing a common approach. However, studies have now suggested the opposite. Namely, individuals who have lived or work in multicultural environments have shown more resourcefulness, originality, and empathy than monocultural individuals. Those with diverse backgrounds seem to possess a greater ability to integrate ideas in potentially novel or creative ways. In a stagnant environment, one might even suggest that diversity can improve overall workplace performance. When people from different cultures and backgrounds interact, the differences and similarities must be reconciled to develop good working relationships.\r\n<div class=\"textbox shaded\">The world is diverse. Contemporary organizations have started to recognize the value of bridging cultures; both for personal and organizational success. Globalization has rendered many geographic boundaries almost insignificant, and therefore, there is a growing need for Cultural Intelligence (\u201cCQ\u201d) development.<\/div>\r\nInsensitivities in lawyer-client interactions stem from substantial gaps in education. There is an increasing need for CQ amongst lawyers as our environment becomes more diverse. Many Canadians have been taught to ignore cultural differences and to \u201ctreat everyone the same\u201d. Yet, this \u201cminimization\u201d approach is far less effective than those which strive for acceptance of cultural diversity and active adaptation.\r\n\r\nCQ is the capability to function and manage effectively in culturally diverse settings. A culturally intelligent individual does not jump to conclusions about others from available stereotypes. Rather, they gather biographical information before making a judgement about another person. A culturally intelligent person will suspend their judgements until enough information becomes available, beyond that of the ethnicity of the other person.\r\n\r\nThe \u201cminimization\u201d approach or being \u201cculturally-blind\u201d does not foster diversity and inclusion. A research report on law firm diversity found that many participants saw the need for the profession to \u201cacknowledge white privilege and understand how power operates to produce advantages for some and deny advantages to others\u201d. There is a strong demand for leaders who are capable of leading culturally diverse teams in contemporary organizations. Leaders with high CQ abilities are able to contribute to increase performance outcomes in a diverse group setting.\r\n<div class=\"textbox textbox--exercises\"><header class=\"textbox__header\">\r\n<p class=\"textbox__title\">What Do You Think?<\/p>\r\n\r\n<\/header>\r\n<div class=\"textbox__content\">What do you think some of the problems with simply saying 'I don't see cultural differences,' or 'I don't see colour.' in the context of your legal practice? Take a note of instances in your life and work where this approach might be problematic.<\/div>\r\n<\/div>","rendered":"<h1>Table of Contents<\/h1>\n<p><strong>Understanding Emotional and Cultural Intelligence in the Law<\/strong><\/p>\n<p><strong>Understanding Cultural Intelligence and Competency (CQ)<\/strong><\/p>\n<p><strong>Emotional Intelligence and the Law<\/strong><\/p>\n<p><strong>Why We Need Emotional Intelligence in the Law<\/strong><\/p>\n<p><strong>Thinking Like an Emotionally Intelligent Lawyer<\/strong><\/p>\n<p><strong>Resources for Emotionally Intelligent Lawyering<\/strong><\/p>\n<p><strong>Check For Understanding<\/strong><\/p>\n<p><strong>Cultural Intelligence or CQ and the Law<\/strong><\/p>\n<p><strong>Why We Need Cultural Intelligence in the Law<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>For decades, law students have been taught to \u201cthink like a lawyer\u201d. Students are assessed on their ability to think analytically, research and write, and solve problems. Institutions have felt that standardized tests and exams have been the most efficient way to train students to \u201cthink like a lawyer\u201d.\u00a0 However, the dominance of features associated with the \u201cthink like a lawyer\u201d model has been linked with problems of psychological distress in both law students and practitioners. People who are emotionally intelligent can identify and understand their emotions and those of others, regulate emotions in others and themselves, and effectively use emotions to make sound decisions.<\/p>\n<p>Lawyers need to be able to build and maintain working relationships with their clients, colleagues, and other professionals with skills that extend beyond pure legal reasoning and the traditional adversarial approach to conflict. Emotional skills may be just as important as substantive skills \u2013 if not more important \u2013 to a lawyer\u2019s success in practice. The focus in modern-day lawyering has started to shift from \u201cthink like a lawyer\u201d to \u201cthink like an emotionally intelligent lawyer\u201d.<\/p>\n<p>The factors in the development of emotionally intelligent lawyers are three-fold. First, lawyers must realize that emotion is part of the human experience. Emotion is a central competency in some areas of legal practice, such as alternative dispute resolution and restorative justice. Second, lawyers would be well-served to demonstrate empathy and social skills when navigating client interactions. Third, lawyers need to understand that emotions need not be associated with weakness nor represent an obstacle to rational thinking. Understanding and controlling emotions are among the key competencies for today\u2019s legal professional<\/p>\n<h2>Understanding Cultural Intelligence and Competency (CQ)<\/h2>\n<p>Cultural intelligence is related to emotional intelligence. As with emotional intelligence, there is an increasing need for cultural intelligence among legal professionals.<\/p>\n<p>Most people view culture as relating specifically to ethnicity. However, culture can be defined more broadly, with reference to aspects of a person\u2019s values and behaviour connected to personal identity characteristics. Such characteristics may include gender, sexual orientation, age, religious beliefs, physical and intellectual abilities, and others. Increased mobility and globalization have allowed for more cultural identities.<\/p>\n<p>&nbsp;<\/p>\n<figure id=\"attachment_80\" aria-describedby=\"caption-attachment-80\" style=\"width: 856px\" class=\"wp-caption alignnone\"><img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/pressbooks.library.ryerson.ca\/eqcqmodule1\/wp-content\/uploads\/sites\/270\/2021\/10\/clay-banks-LjqARJaJotc-unsplash-300x225.jpg\" alt=\"hands on a wooden table\" width=\"856\" height=\"642\" class=\"wp-image-80\" srcset=\"https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-content\/uploads\/sites\/270\/2021\/10\/clay-banks-LjqARJaJotc-unsplash-300x225.jpg 300w, https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-content\/uploads\/sites\/270\/2021\/10\/clay-banks-LjqARJaJotc-unsplash-1024x768.jpg 1024w, https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-content\/uploads\/sites\/270\/2021\/10\/clay-banks-LjqARJaJotc-unsplash-768x576.jpg 768w, https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-content\/uploads\/sites\/270\/2021\/10\/clay-banks-LjqARJaJotc-unsplash-1536x1152.jpg 1536w, https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-content\/uploads\/sites\/270\/2021\/10\/clay-banks-LjqARJaJotc-unsplash-2048x1536.jpg 2048w, https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-content\/uploads\/sites\/270\/2021\/10\/clay-banks-LjqARJaJotc-unsplash-65x49.jpg 65w, https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-content\/uploads\/sites\/270\/2021\/10\/clay-banks-LjqARJaJotc-unsplash-225x169.jpg 225w, https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-content\/uploads\/sites\/270\/2021\/10\/clay-banks-LjqARJaJotc-unsplash-350x263.jpg 350w\" sizes=\"auto, (max-width: 856px) 100vw, 856px\" \/><figcaption id=\"caption-attachment-80\" class=\"wp-caption-text\">Photo by Clay Banks on Unsplash<\/figcaption><\/figure>\n<p>The world is diverse. Contemporary organizations have started to recognize the value of bridging cultures; both for personal and organizational success. Globalization has rendered many geographic boundaries almost insignificant, and therefore, there is a growing need for cultural intelligence development.<\/p>\n<p>While firms can encourage lawyers to increase their levels of cultural intelligence, success will depend on each lawyer\u2019s ability to exercise initiative in increasing their own level of cultural awareness.<\/p>\n<p>Insensitivities in lawyer-client interactions often stem from substantial gaps in education. There is an increasing need for more culturally-aware lawyers as our environment becomes more diverse. Many Canadians have been taught to ignore cultural differences and to \u201ctreat everyone the same\u201d; yet, this \u201cminimization\u201d approach has been found to be less effective than those approaches which embrace acceptance of cultural diversity.<\/p>\n<p>A culturally intelligent professional does not jump to conclusions about others from available stereotypes. They will suspend their judgements until enough information to inform their decision-making becomes available, beyond assumptions made based on the ethnicity of others.<\/p>\n<h2>Emotional Intelligence and the Law<\/h2>\n<p>It is important to remember that emotional intelligence or EQ not only effects the way we perceive the emotions of others, but it reflects our ability to reason and take control over our own emotions. Law students learn equally from both what is said and what is left unsaid. Hope, optimism, and trust are often set aside. Instead, the curriculum forces students to treat litigants as instruments of principle and precedent, rather than how to empathize with them. A recent study found that law students experienced higher levels of emotional distress compared with medical students, and practicing lawyers had levels of distress that almost double the general population.<\/p>\n<p>It is well documented that the current legal education teaches the core skills to practice law. However, the fundamental skills of EQ seem to be missing. Although law schools have begun to implement behavioural-skill courses, they are seldomly integrated throughout the curriculum. However, whether or not there is a class explicitly devoted to emotional literacy may matter far less than how these lessons are taught.<\/p>\n<p>It may now be more obvious that training future lawyers to \u201cthink like a lawyer\u201d should no longer be the sole focus of legal education. Emotional skills are just as important \u2013 if not more important \u2013 to a lawyer\u2019s success in practice. Firms are beginning to prioritize behaviours such as an ability to work in teams, empathy, and leadership when hiring recent graduates. However, if students are not being taught these skills, how can you expect them to succeed? Since this recognition, the focus has started to shift from \u201cthink like a lawyer\u201d to \u201chow to be a lawyer\u201d, or \u201cthink like an emotionally intelligent lawyer\u201d.<\/p>\n<p>One helpful resource for law students and legal practitioners is Ronda Muir&#8217;s \u201cBeyond Smart Beyond Smart: Lawyering with Emotional Intelligence\u201d<\/p>\n<p>The Muir framework\/definition of emotional intelligence has four components:<\/p>\n<ul>\n<li>emotional perception,<\/li>\n<li>emotional empathy,<\/li>\n<li>emotional understanding and<\/li>\n<li>emotional regulation<\/li>\n<\/ul>\n<p>Muir writes that \u201cthe emotionally intelligent have an accurate awareness of emotions in themselves and others, can tap into how those emotions feel and are able to understand and manage emotions so as to produce the desired results.\u201d This last piece is really the hook for legal professionals. Understand these skills as both useful and in some cases necessary.<\/p>\n<h2>Why We Need Emotional Intelligence in the Law<\/h2>\n<p>As previously discussed, EQ is recognized as a set of learned skills that can be incorporated into educational programs. Also, research has strongly suggested that EQ is positively correlated with academic and professional success. Students need to prepare for the emotional effects practicing law can have on themselves and their clients, and that EQ can equip them with the tools to identify and manage these effects. At the same time, lawyers need to be able to build and maintain working relationships with their clients, colleagues, and other professionals with skills that extend beyond \u201cpure legal reasoning and an adversarial approach to conflict. A study found that lawyers with higher levels of EQ reported higher levels of satisfaction at work. This study invites further research on the usefulness of courses for law students which are designed to improve EQ.<\/p>\n<h2>Thinking Like an Emotionally Intelligent Lawyer<\/h2>\n<p>Rather than being taught to \u201cthink like a lawyer\u201d legal education should focus on how to \u201cthink like an emotionally intelligent lawyer\u201d, or \u201chow to be a lawyer\u201d. According to Douglas, an emotionally intelligent lawyer will embody three key abilities: (1) centralize emotion; (2) conceptualize personal and social dimensions of emotional experience; and (3) exemplify reflective practice. First, a lawyer must realize that emotion is part of the human experience in order to transfer EQ into their practice. Emotion is a central competency in areas of legal practice such as alternative dispute resolution and restorative justice. A common example in Canada is the Gladue principles where the courts are asked to consider the unique experiences and considerations of Indigenous peoples. A judge would not be able to properly interpret a Gladue report without profound EQ abilities. Second, lawyers need to be aware of the relevance of emotion in the lawyer-client relationship. The stories and narratives presented by clients will inevitably have an emotional dimension. The practitioner needs to have the ability to work with feelings and demonstrate empathy and social skills to work through problems. Third, lawyers need to rid themselves of the idea that emotion is often associated with weakness or an obstacle to rational thinking. Emotions are necessary for cognitive processes and making good decisions. Together, these three abilities should be the key focus of EQ programs for developing emotionally competent legal professionals.<\/p>\n<h1>Resources for Emotionally Intelligent Lawyering<\/h1>\n<div class=\"textbox textbox--examples\">\n<header class=\"textbox__header\">\n<h2><strong>1. Lending an EAR\u2122<\/strong><\/h2>\n<\/header>\n<div class=\"textbox__content\">\n<p>There are some practical tips for helping yourself and your clients to be found in Bill Eddy, LCSW, Esq.&#8217;s work <a class=\"footnote\" title=\"Eddy, Bill, (2018) Retrieved from https:\/\/www.highconflictinstitute.com\/hci-articles\/calming-upset-people-fast-with-ear\" id=\"return-footnote-241-1\" href=\"#footnote-241-1\" aria-label=\"Footnote 1\"><sup class=\"footnote\">[1]<\/sup><\/a>. Eddy (2018) breaks his approach down into a focus on Empathy, Attention and Respect. His website is filled with great examples of how this process works.<\/p>\n<\/div>\n<\/div>\n<p>&nbsp;<\/p>\n<div class=\"textbox textbox--key-takeaways\">\n<header class=\"textbox__header\">\n<h2>2. The Feeling Inventory<\/h2>\n<\/header>\n<div class=\"textbox__content\">\n<p>Sometimes determining what your triggers are and how you are feeling about things during the work day can help. Here&#8217;s a helpful tool for law students and practicing lawyers to help them determine how they are feeling.<\/p>\n<p><span><\/p>\n<div id=\"h5p-10\">\n<div class=\"h5p-iframe-wrapper\"><iframe id=\"h5p-iframe-10\" class=\"h5p-iframe\" data-content-id=\"10\" style=\"height:1px\" src=\"about:blank\" frameBorder=\"0\" scrolling=\"no\" title=\"Feelings Accordion\"><\/iframe><\/div>\n<\/div>\n<p><\/span><\/p>\n<\/div>\n<\/div>\n<p>&nbsp;<\/p>\n<div class=\"textbox textbox--learning-objectives\">\n<header class=\"textbox__header\">\n<h2>3. Trauma-Informed Lawyering<\/h2>\n<\/header>\n<div class=\"textbox__content\">\n<p>Trauma-informed lawyering is a client-centred approach to providing legal services so that clients do not feel overwhelmed and disempowered. An ideal outcome is a client feels empowered and understood while the lawyer maintains their role as counsel, rather than therapist. Most lawyers are not educated about the types of trauma people may experience, or how trauma can impact client decision-making in diverse areas of law. This could arise in criminal, immigration or family law practices but will also arise in wills and estates, corporate law, and insurance.<\/p>\n<p>How do your professional duties balance against what duties arise as a result of the client\u2019s particular challenge taking control of a difficult situation? Here&#8217;s a helpful link to an external website <a href=\"https:\/\/onefamilylaw.ca\/wp-content\/uploads\/2018\/11\/TILTipSheet-Final.pdf\">One Family Law<\/a>.<\/p>\n<\/div>\n<\/div>\n<p>&nbsp;<\/p>\n<h2>Check For Understanding<\/h2>\n<p>What do you think? Why is emotional intelligence important to lawyers? Let&#8217;s check your understanding so far.<\/p>\n<p><span><\/p>\n<div id=\"h5p-11\">\n<div class=\"h5p-iframe-wrapper\"><iframe id=\"h5p-iframe-11\" class=\"h5p-iframe\" data-content-id=\"11\" style=\"height:1px\" src=\"about:blank\" frameBorder=\"0\" scrolling=\"no\" title=\"Check for Understanding Emotional Intelligence\"><\/iframe><\/div>\n<\/div>\n<p><\/span><\/p>\n<p><span><\/p>\n<div id=\"h5p-12\">\n<div class=\"h5p-iframe-wrapper\"><iframe id=\"h5p-iframe-12\" class=\"h5p-iframe\" data-content-id=\"12\" style=\"height:1px\" src=\"about:blank\" frameBorder=\"0\" scrolling=\"no\" title=\"Check for Understanding Emotional Intelligence 2\"><\/iframe><\/div>\n<\/div>\n<p><\/span><\/p>\n<p><span><\/p>\n<div id=\"h5p-13\">\n<div class=\"h5p-iframe-wrapper\"><iframe id=\"h5p-iframe-13\" class=\"h5p-iframe\" data-content-id=\"13\" style=\"height:1px\" src=\"about:blank\" frameBorder=\"0\" scrolling=\"no\" title=\"Check for Understanding Emotional Intelligence 3\"><\/iframe><\/div>\n<\/div>\n<p><\/span><\/p>\n<p><span style=\"font-family: 'Cormorant Garamond', serif;font-size: 1.602em;font-weight: bold;text-align: initial\">Cultural Intelligence or CQ and the Law<\/span><\/p>\n<p>Cultural intelligence (\u201cCQ\u201d) is related to emotional intelligence, but it picks up where EQ leaves off<a class=\"footnote\" title=\"P Christopher Earley &amp; Elaine Mosakowski, \u201cCultural Intelligence\u201d (2004) 82:10 Harvard Business Rev 1\u20139.\" id=\"return-footnote-241-2\" href=\"#footnote-241-2\" aria-label=\"Footnote 2\"><sup class=\"footnote\">[2]<\/sup><\/a>. CQ is similar to EQ as both intelligences refer to a set of capabilities, rather than a preferred way of behaving<a class=\"footnote\" title=\"Soon Ang et al, \u201cCultural Intelligence: Its Measurement and Effects on Cultural Judgment and Decision Making, Cultural Adaptation and Task Performance\u201d (2007) 3:3 Manag Organ Rev 339.\" id=\"return-footnote-241-3\" href=\"#footnote-241-3\" aria-label=\"Footnote 3\"><sup class=\"footnote\">[3]<\/sup><\/a>. As is with EQ, there is an increasing need for cultural intelligence (\u201cCQ\u201d) amongst lawyers<a class=\"footnote\" title=\"See Amy Salyzyn, \u201cCultural Competence and the Next Generation of Lawyers and Lawyer Regulation\u201d Slaw (2017), online: &lt;https:\/\/www.slaw.ca\/2017\/02\/16\/cultural-competence-and-the-next-generation-of-lawyers-and-lawyer-regulation\/&gt;; Dan Pinnington, \u201cCultural Competence: An Essential Skill in an Increasingly Diverse World\u201d Slaw (2014), online: &lt;http:\/\/www.slaw.ca\/2014\/10\/06\/cultural-competence-an-essential-skill-in-an-increasingly-diverse-world\/&gt;.\" id=\"return-footnote-241-4\" href=\"#footnote-241-4\" aria-label=\"Footnote 4\"><sup class=\"footnote\">[4]<\/sup><\/a>. Most people view culture as one\u2019s ethnicity. However, in terms of CQ, culture is more broadly defined as aspects of a person\u2019s values and behaviour that are connected to their personal identity characteristics<a class=\"footnote\" title=\"Pinnington, supra note 25.\" id=\"return-footnote-241-5\" href=\"#footnote-241-5\" aria-label=\"Footnote 5\"><sup class=\"footnote\">[5]<\/sup><\/a>. These characteristics may include gender, sexual orientation, age, religious beliefs, physical and intellectual abilities, and other characteristics<a class=\"footnote\" title=\"Ibid.\" id=\"return-footnote-241-6\" href=\"#footnote-241-6\" aria-label=\"Footnote 6\"><sup class=\"footnote\">[6]<\/sup><\/a>. Many Canadians have been taught to ignore cultural differences and to \u201ctreat everyone the same\u201d. Yet, this \u201cminimization\u201d approach is far less effective than those which strive for acceptance of cultural diversity and active adaptation<a class=\"footnote\" title=\"Ibid.\" id=\"return-footnote-241-7\" href=\"#footnote-241-7\" aria-label=\"Footnote 7\"><sup class=\"footnote\">[7]<\/sup><\/a>.<\/p>\n<p>A research report on law firm diversity found that many participants saw the need for the profession to \u201cacknowledge white privilege and understand how power operates to produce advantages for some and deny advantages to others\u201d. Many participants were in favour of requiring members of the bar to participate in professional development courses on cultural competence and unconscious bias. While a firm can encourage lawyers to increase their cultural competence, success will depend on each lawyer increasing his or her own cultural awareness<a class=\"footnote\" title=\"Yamri Taddese, \u201cProfession divided on mandatory collection of diversity data: report\u201d Canadian Lawyer Mag (2015), online: &lt;https:\/\/www.canadianlawyermag.com\/news\/general\/profession-divided-on-mandatory-collection-of-diversity-data-report\/273163&gt;.\" id=\"return-footnote-241-8\" href=\"#footnote-241-8\" aria-label=\"Footnote 8\"><sup class=\"footnote\">[8]<\/sup><\/a>.<\/p>\n<h2>Why We Need Cultural Intelligence in the Law<\/h2>\n<p>Increased mobility and globalization have allowed for more cultural identities. Shifts in the labour force and movement across national borders called for diversity management. Historically, a culturally diverse workforce has been criticized for hampering communication and preventing a common approach. However, studies have now suggested the opposite. Namely, individuals who have lived or work in multicultural environments have shown more resourcefulness, originality, and empathy than monocultural individuals. Those with diverse backgrounds seem to possess a greater ability to integrate ideas in potentially novel or creative ways. In a stagnant environment, one might even suggest that diversity can improve overall workplace performance. When people from different cultures and backgrounds interact, the differences and similarities must be reconciled to develop good working relationships.<\/p>\n<div class=\"textbox shaded\">The world is diverse. Contemporary organizations have started to recognize the value of bridging cultures; both for personal and organizational success. Globalization has rendered many geographic boundaries almost insignificant, and therefore, there is a growing need for Cultural Intelligence (\u201cCQ\u201d) development.<\/div>\n<p>Insensitivities in lawyer-client interactions stem from substantial gaps in education. There is an increasing need for CQ amongst lawyers as our environment becomes more diverse. Many Canadians have been taught to ignore cultural differences and to \u201ctreat everyone the same\u201d. Yet, this \u201cminimization\u201d approach is far less effective than those which strive for acceptance of cultural diversity and active adaptation.<\/p>\n<p>CQ is the capability to function and manage effectively in culturally diverse settings. A culturally intelligent individual does not jump to conclusions about others from available stereotypes. Rather, they gather biographical information before making a judgement about another person. A culturally intelligent person will suspend their judgements until enough information becomes available, beyond that of the ethnicity of the other person.<\/p>\n<p>The \u201cminimization\u201d approach or being \u201cculturally-blind\u201d does not foster diversity and inclusion. A research report on law firm diversity found that many participants saw the need for the profession to \u201cacknowledge white privilege and understand how power operates to produce advantages for some and deny advantages to others\u201d. There is a strong demand for leaders who are capable of leading culturally diverse teams in contemporary organizations. Leaders with high CQ abilities are able to contribute to increase performance outcomes in a diverse group setting.<\/p>\n<div class=\"textbox textbox--exercises\">\n<header class=\"textbox__header\">\n<p class=\"textbox__title\">What Do You Think?<\/p>\n<\/header>\n<div class=\"textbox__content\">What do you think some of the problems with simply saying &#8216;I don&#8217;t see cultural differences,&#8217; or &#8216;I don&#8217;t see colour.&#8217; in the context of your legal practice? Take a note of instances in your life and work where this approach might be problematic.<\/div>\n<\/div>\n<hr class=\"before-footnotes clear\" \/><div class=\"footnotes\"><ol><li id=\"footnote-241-1\">Eddy, Bill, (2018) Retrieved from https:\/\/www.highconflictinstitute.com\/hci-articles\/calming-upset-people-fast-with-ear <a href=\"#return-footnote-241-1\" class=\"return-footnote\" aria-label=\"Return to footnote 1\">&crarr;<\/a><\/li><li id=\"footnote-241-2\">P Christopher Earley &amp; Elaine Mosakowski, \u201cCultural Intelligence\u201d (2004) 82:10 Harvard Business Rev 1\u20139. <a href=\"#return-footnote-241-2\" class=\"return-footnote\" aria-label=\"Return to footnote 2\">&crarr;<\/a><\/li><li id=\"footnote-241-3\">Soon Ang et al, \u201cCultural Intelligence: Its Measurement and Effects on Cultural Judgment and Decision Making, Cultural Adaptation and Task Performance\u201d (2007) 3:3 Manag Organ Rev 339. <a href=\"#return-footnote-241-3\" class=\"return-footnote\" aria-label=\"Return to footnote 3\">&crarr;<\/a><\/li><li id=\"footnote-241-4\">See Amy Salyzyn, \u201cCultural Competence and the Next Generation of Lawyers and Lawyer Regulation\u201d Slaw (2017), online: &lt;https:\/\/www.slaw.ca\/2017\/02\/16\/cultural-competence-and-the-next-generation-of-lawyers-and-lawyer-regulation\/&gt;; Dan Pinnington, \u201cCultural Competence: An Essential Skill in an Increasingly Diverse World\u201d Slaw (2014), online: &lt;http:\/\/www.slaw.ca\/2014\/10\/06\/cultural-competence-an-essential-skill-in-an-increasingly-diverse-world\/&gt;. <a href=\"#return-footnote-241-4\" class=\"return-footnote\" aria-label=\"Return to footnote 4\">&crarr;<\/a><\/li><li id=\"footnote-241-5\">Pinnington, supra note 25. <a href=\"#return-footnote-241-5\" class=\"return-footnote\" aria-label=\"Return to footnote 5\">&crarr;<\/a><\/li><li id=\"footnote-241-6\">Ibid. <a href=\"#return-footnote-241-6\" class=\"return-footnote\" aria-label=\"Return to footnote 6\">&crarr;<\/a><\/li><li id=\"footnote-241-7\">Ibid. <a href=\"#return-footnote-241-7\" class=\"return-footnote\" aria-label=\"Return to footnote 7\">&crarr;<\/a><\/li><li id=\"footnote-241-8\">Yamri Taddese, \u201cProfession divided on mandatory collection of diversity data: report\u201d Canadian Lawyer Mag (2015), online: &lt;https:\/\/www.canadianlawyermag.com\/news\/general\/profession-divided-on-mandatory-collection-of-diversity-data-report\/273163&gt;. <a href=\"#return-footnote-241-8\" class=\"return-footnote\" aria-label=\"Return to footnote 8\">&crarr;<\/a><\/li><\/ol><\/div>","protected":false},"parent":0,"menu_order":1,"template":"","meta":{"pb_part_invisible":false,"pb_part_invisible_string":""},"contributor":[],"license":[],"class_list":["post-241","part","type-part","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-json\/pressbooks\/v2\/parts\/241","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-json\/pressbooks\/v2\/parts"}],"about":[{"href":"https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-json\/wp\/v2\/types\/part"}],"version-history":[{"count":8,"href":"https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-json\/pressbooks\/v2\/parts\/241\/revisions"}],"predecessor-version":[{"id":249,"href":"https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-json\/pressbooks\/v2\/parts\/241\/revisions\/249"}],"wp:attachment":[{"href":"https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-json\/wp\/v2\/media?parent=241"}],"wp:term":[{"taxonomy":"contributor","embeddable":true,"href":"https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-json\/wp\/v2\/contributor?post=241"},{"taxonomy":"license","embeddable":true,"href":"https:\/\/pressbooks.library.torontomu.ca\/eqcqmodule1\/wp-json\/wp\/v2\/license?post=241"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}