Breaking Barriers to Justice
solid rapport. The clients’ fears should be acknowledged and addressed early through education and empowerment, rather than assuming clients will simply get comfortable over time. Finally, when possible, scheduling should be flexible, including evening and weekend availability or remote meetings, in a setting that feels safe for the client. Translating the legalese: A word-for-word translation is meaningless if clients do not understand the jargon, legal terms of art or complex concepts. Attorneys must strive to communicate the legal process, timelines, risks, and potential outcomes in a way the client truly understands. Qualified interpreters should be used rather than family members, semi-fluent staff or others who may not be able to convey the full message. Attorneys should review all materials for cultural clarity (not just translation), and verbal or visual summaries can be helpful. Communicating with respect: Few things are more personal and important than one’s own name. Asking how someone would like to be addressed, and pronouncing their name correctly builds trust and rapport. On the other hand, repeatedly mispronouncing someone’s name signals a lack of care and respect. Lawyers and staff should incorporate questions about pronunciation in the first intake. A question can be as simple as, “I want to make sure I pronounce your name correctly - can you tell me how you say it?” Then, repeat it back to confirm, and jot it down phonetically for the file. Asking open-ended questions to encourage communication: Instead of asking a client if they understand what is being said, a better strategy is to ask open-ended questions and actively listen to both the literal words and the nonverbal cues being communicated. Another helpful tool is a “teach-back”
method, where the lawyer asks the client to explain what they understood in their own words to confirm understanding. The lawyer should seek out input from the client. These practices should be incorporated at every stage of the process. Cultural competence in action: Lawyers should make a commitment to learning about how a client’s cultural background and history shapes their attitudes, stress response, risk tolerance and decision-making. Advocacy strategies can be adapted once the lawyer understands the client’s unique barriers to justice. Protecting plaintiffs from gaslighting by powerful defendants (and themselves): The psychologist and philosopher Frantz Fanon wrote, “The oppressed will always believe the worst about themselves.” As such, they are particularly vulnerable to gaslighting by more powerful defendants who use wealth and brute force to try to control the narrative, deny facts and shift blame to the plaintiff. Whether gaslighting takes the form of blatant untruths or barely perceptible micro-aggressions, a lawyer can affirm the reality and sanity of her client by naming them, acknowledging that they are hurtful, but that they are not right. Further, affirming and appreciating the client’s experiences and truth are powerful ways to counteract the harm and build a stronger team. Breaking down the barriers of implicit bias : Anticipate implicit bias within the legal system, including opposing counsel, mediators, and factfinders. Take concrete steps to counter it, including case preparation that accounts for potential juror perception and bias. Incorporate ongoing training on implicit bias and cross-cultural communication firm-wide, and build law firm accountability by conducting client surveys that specifically ask about understanding and
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Consumer Attorneys of California
FORUM July/August 2026
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