Intercultural Communication and its Impact on the Legal Field

The term "intercultural communication" is often used to refer to the wide range
of communication issues that inevitably arise within an organization composed of
individuals from a variety of religious, social, ethnic, and educational
backgrounds. Each of these individuals brings a unique set of experiences and
values to the workplace, many of which can be traced to the culture in which
they grew up and now operate.
The failure to address and resolve culturally based conicts and tensions
will inevitably show up in the form of diminished performance and
decreased productivity.
The importance of e!ective intercultural communication can hardly be
overstated. "ndeed, as Trudy #ilburn pointed out in Management Review,
communication serves not only as an expression of cultural background,
but as a shaper of cultural identity.
"$ultural identities, like meaning, are socially negotiated," she wrote. "Ethnic
identities, class identities, and professional identities are formed and enacted
through the process of communication. %hat it means to be white, &ewish, or gay
is based on a communication process that constructs those identities. "t is more
than 'ust how one labels oneself, but how one acts in the presence of like and
di!erent others, that constructs a sense of identity and membership."
(i!erences in culture reect themselves in a variety of ways. )or instance, one
cultural norm may have a signi*cantly di!erent conception of time than another,
or a di!erent idea of what constitutes appropriate body language and personal
space when engaged in conversation. +ut most researchers, employees, and
business owners agree that the most important element in e!ective intercultural
communication concerns language. ", great deal of ethnocentrism is centered
around language," said &ohn -. )ernandez in Managing a Diverse Work Force:
Regaining the Competitive Edge.
".anguage issues are becoming a considerable source of conict and ine/ciency
in the increasingly diverse work force throughout the world0. 1o corporation can
be competitive if co2workers avoid, don3t listen to, perceive as incompetent, or
are intolerant of employees who have problems with the language. "n addition,
these attitudes could be carried over into their interactions with customers who
speak English as a second language, resulting in disastrous e!ects on customer
relations and, thus, the corporate bottom line."
4ften overlooked in discussion of intercultural communication are the sometimes
signi*cant cultural di!erences that exist concerning the practice of listening. Tips
about establishing culturally sensitive verbal and written communication
practices within an organization are plentiful, but in many cases, relatively short
shrift is given to cultural di!erences in listening, the ip side of the
communication coin. "$odes of conduct that specify how listening should be
demonstrated are based upon certain cultural assumptions about what counts as
listening," said #ilburn.
+ut while the prevailing norms of communication in 5omania, for example,
business may call for the listener to be quiet and o!er body language 6steady eye
contact, for instance7 intended to assure the speaker that his or her words are
being heeded, many cultures have di!erent standards that may strike the
uninitiated as rude or disorienting. , person who communicates by leaning
forward and getting close may be very threatening to someone who values
personal space.
The key, say analysts, is to make certain that your organization recognizes that
cultural di!erences abound in listening as well as speaking practices, and to
establish intercultural communication practices accordingly.
Intercultural Communication Policies
"n recent years, companies of various shapes, sizes, and in many di!erent *elds
of endeavor have embraced programs designed to celebrate diversity and
encourage communication between individuals and groups from di!erent cultural
backgrounds. +ut according to #ilburn, "diversity is one of those concepts that is
very context2bound. "t does not have a singular meaning for everyone.
$ompanies that try to institute diversity programs without understanding the
cultural assumptions upon which these programs are based may *nd it di/cult to
enact meaningful diversity policies.
#any companies believe that through sharing they can promote diverse cultural
values. 8et, how a company de*nes sharing may actually hinder its diversity
initiatives since some cultures have speci*c rules about sharing. These rules are
enacted in everyday communication practices."
#ost business owners recognize that their companies are far more likely to be
successful if they are able to establish e!ective systems of intercultural
communication between employees of di!erent religious, social, and ethnic
backgrounds. +ut profound di!erences in communication styles can also be found
within functional areas of a company as well, and these too need to be addressed
to ensure that the organization is able to operate at its highest level of e/ciency.
)or example, employees engaged in technical *elds 6computers, mechanical
engineering, etc.7 often have educational and work backgrounds that are
considerably di!erent from workers who are engaged in "creative" areas of the
company 6marketing, public relations, etc.7. .
These di!erences often manifest themselves in the modes of
communication that the respective parties favor. Engineers, lawyers tend
to be introverted and analytical with very logical ways of solving problems.
$onsultants and researchers agree, though, that many di!erences
between these distinct functional cultures can be addressed through
proactive policies that recognize that such di!erences exist and work to
educate everyone about the legitimacy of each culture. -oor
communication can mean loss of morale, production plunges, and perhaps
even a failed start2up.
+usiness is not conducted in an identical fashion from culture to culture.
$onsequently, business relations are enhanced when managerial, sales, and
technical personnel are trained to be aware of areas likely to create
communication di/culties and conict across cultures. 9imilarly, international
communication is strengthened when businesspeople can anticipate areas of
commonality. )inally, business in general is enhanced when people from di!erent
cultures *nd new approaches to old problems, creating solutions by combining
cultural perspectives and learning to see issues from the viewpoint of others.
ET:14$E1T5"9#
-roblems in business communication conducted across cultures often arise
when participants from one culture are unable to understand culturally
determined di!erences in communication practices, traditions, and thought
processing. ,t the most fundamental level, problems may occur when one or
more of the people involved clings to an ethnocentric view of how to conduct
business. Ethnocentrism is the belief that one3s own cultural group is somehow
innately superior to others.
"t is easy to say that ethnocentrism only a!ects the bigoted or those ignorant of
other cultures, and so is unlikely to be a ma'or factor in one3s own business
communication. 8et di/culties due to a misunderstanding of elements in cross2
cultural communication may a!ect even enlightened people. Ethnocentrism is
deceptive precisely because members of any culture perceive their own behavior
as logical, since that behavior works for them. -eople tend to accept the values
of the culture around them as absolute values. 9ince each culture has its own set
of values, often quite divergent from those values held in other cultures, the
concept of proper and improper, foolish and wise, and even right and wrong
become blurred.
"n international business, questions arise regarding what is proper by
which culture3s values, what is wise by which culture3s view of the world,
and what is right by whose standards.
9ince no one individual is likely to recognize the subtle forms of
ethnocentrism that shape who he or she is, international business
practitioners must be especially careful in conducting business
communication across cultures. "t is necessary to try to rise above
culturally imbued ways of viewing the world. To do this, one needs to
understand how the perception of a given message changes depending on
the culturally determined viewpoint of those communicating.
)actors ,!ecting "$
The communication process in international business settings is *ltered through a
range of variables, each of which can color perceptions on the part of both
parties. These include language, environment, technology, social organization,
social history and mores, conceptions of authority, and nonverbal communication
behavior.
Language
,mong the most often cited barriers to conict2free cross2cultural business
communication is the use of di!erent languages. "t is di/cult to
underestimate the importance that an understanding of linguistic
di!erences plays in international business communication.
;iven this reality, business consultants counsel clients to take the
necessary steps to enlist the services of a good translator. .anguage
failures between cultures typically fall into three categories< =7 gross
translation problems> ?7 subtle distinctions from language to language> and
@7 culturally2based variations among speakers of the same language.
;ross translation errors, though frequent, may be less likely to cause
conict between parties than other language di/culties for two reasons.
"ndeed, the nonsensical nature of many gross translation errors often raise
warning ags that are hard to miss. The parties can then backtrack and
revisit the communication area that prompted the error.
Even if they are easily detected in most cases, however, gross translation
errors waste time and wear on the patience of the parties involved.
,dditionally, for some, such errors imply a form of disrespect for the party
into whose language the message is translated.
The subtle shadings that are often crucial to business negotiations are also
weakened when the parties do not share a similar control of the same
language. "ndeed, misunderstandings may arise because of dialectical
di!erences within the same language.
%hen other parties with full control over the language with whom the non2native
speaker communicates assume that knowledge of this distinction exists, conict
deriving from misunderstanding is likely. ,ttitudes toward accents and dialects
also create barriers in international business communication. The view that a
particular accent suggests loyalty or familiarity to a nation or region is
widespread in many languages. The use of -arisian )rench in Auebec, of #exican
9panish in 9pain are all noticeable, and may suggest a lack of familiarity, even if
the user is uent. #ore importantly, regional ties or tensions in such nations as
"taly, )rance, or ;ermany among others can be suggested by the dialect a native
speaker uses.
)inally, national pre'udices and class distinctions are often reinforced through
sociolinguisticsBthe social patterning of language. )or example, due to regional
pre'udice and racism certain accents in the Cnited 9tates associated with urban
areas, rural regions, or minorities may reinforce negative stereotypes in areas like
business ability, education level, or intelligence. 9imilarly, some cultures use
sociolinguistics to di!erentiate one economic class from another. Thus, in
England, distinct accents are associated with the aristocracy and the middle and
lower classes. These distinctions are often unknown by foreigners.
Environment and Technology
The ways in which people use the resources available to them may vary
considerably from culture to culture. $ulturally2ingrained biases regarding
the natural and technological environment can create communication
barriers.
#any environmental factors can have a heavy inuence on the
development and character of cultures. "ndeed, climate, topography,
population size and density, and the relative availability of natural
resources all contribute to the history and current conditions of individual
nations or regions.
9ome businesspeople, lawyers fail to modify their cross2cultural communications
to accommodate environmental di!erences because of inexibility toward
culturally learned views of technology. "ndeed, cultures have widely divergent
views of technology and its role in the world. "n control cultures, such as those in
much of Europe and 1orth ,merica, technology is customarily viewed as an
innately positive means for controlling the environment. "n subjugation cultures,
such as those of central ,frica and southwestern ,sia, the existing environment is
viewed as innately positive, and technology is viewed with some skepticism.
"n harmonization cultures, such as those common in many 1ative ,merican
cultures and some East ,sian nations, a balance is attempted between the use of
technology and the existing environment. "n these cultures, neither technology
nor the environment are innately good and members of such cultures see
themselves as part of the environment in which they live, being neither sub'ect to
it nor master of it. 4f course, it is dangerous to over2generalize about the guiding
philosophies of societies as well. )or example, while the Cnited 9tates may
historically be viewed as a control culture that holds that technology is a positive
that improves society, there are certainly a sizable number of voices within that
culture that do not subscribe to that point of view.
Social Organization and History
9ocial organization, as it a!ects the workplace, is often culturally
determined. 4ne must take care not to assume that the view held in one3s
own culture is universal on such issues as nepotism and kinship ties,
educational values, class structure and social mobility, 'ob status and
economic strati*cation, religious ties, political a/liation, gender
di!erences, racism and other pre'udices, attitudes toward work, and
recreational or work institutions.
,ll of these areas have far2reaching implications for business practice. $hoosing
employees based on rDsumDs, for example, is considered a primary means of
selection in the Cnited 9tates, $anada, and much of northern EuropeBall nations
with comparatively weak concepts of familial relationships and kinship ties. "n
these cultures, nepotism is seen as sub'ective and likely to protect less quali*ed
workers through familial intervention.
+y contrast, it would seem anywhere from mildly to highly inappropriate to
suggest to members of many ,rabic, central ,frican, .atin ,merican, or southern
European cultures to skip over hiring relatives to hire a stranger. )or people in
these cultures, nepotism both ful*lls personal obligations and ensures a
predictable level of trust and accountability. The fact that a stranger appears to
be better quali*ed based on a superior rDsumDs and a relatively brief interview
would not necessarily a!ect that belief.
9imilarly, the nature of praise and employee motivation can be socially
determined, for di!erent cultures have settled upon a wide array of
employee reward systems, each of which reect the social histories and
values of those cultures.
)inally, it is often di/cult to rid business communication of a 'udgmental
bias when social organization varies markedly. )or example, those from the
Cnited 9tates may *nd it di/cult to remain neutral on cultural class
structures that do not reect ,merican values of equality.
)or instance, the socially determined inferior role of women in much of the
"slamic world, or of lower castes in may puzzle or anger %estern citizens.
1evertheless, if the %estern business2person cannot eliminate the attendant
condemnation from his or her business communication, then he or she cannot
expect to function e!ectively in that society. ,n individual may personally believe
that a country3s social system is ine/cient or incorrect. 1evertheless, in the way
that individual conducts business on a daily basis, it is necessary to work within
the restraints of that culture to succeed. 4ne may choose not to do business with
people from such a culture, but one cannot easily impose one3s own values on
them and expect to succeed in the business arena.
Conceptions of uthority
(i!erent cultures often view the distribution of authority in their society
di!erently. Eiews of authority in a given society a!ect communication in
the business environment signi*cantly, since they shape the view of how a
message will be received based on the relative status or rank of the
message3s sender to its receiver. "n other words, conceptions of authority
inuence the forms that managerial and other business communications
take.
"n working with cultures such as "srael and 9weden, which have a relatively
decentralized authority conception or small "power distance," one might
anticipate greater acceptance of a participative communication management
model than in cultures such as )rance and +elgium, which generally make less
use of participative management models, relying instead on authority2based
decision making.
!onver"al Communication
,mong the most markedly varying dimensions of intercultural
communication is nonverbal behavior. Fnowledge of a culture conveyed
through what a person says represents only a portion of what that person
has communicated. "ndeed, body language, clothing choices, eye contact,
touching behavior, and conceptions of personal space all communicate
information, no matter what the culture. , prudent business person will
take the time to learn what the prevailing attitudes are in such areas
before conducting businesses in an unfamiliar culture 6or with a
representative of that culture7.
,s business has turned more and more to an integrated world market to meet its
needs, the di/culties of communicating at a global level have become
increasingly widespread. .ack of understanding deriving from ethnocentrism or
ignorance of culturally based assumptions erroneously believed to be universal
can readily escalate to unproductive conict among people of di!ering cultural
orientation.
%ith the increasing numbers of workers 6cultural diversity7 in the EC and the
growing emphasis on global markets and an interdependent and internationalized
economy, the need for dealing with intercultural di!erences and cross2cultural
communication barriers has grown.
9mall business owners and representatives, co2workers face a dizzying array of
communication considerations when they decide to move into the international
arena, but most issues can be satisfactorily addressed by =7 respectfulness
toward all people you meet> ?7 thinking before speaking> and @7 research on
current business etiquette, cultural and customer sensitivities, current events,
and relevant history.
#easuring 8our $ross2$ultural $ompetence

"n todayGs age of globalization, cross2cultural communication has become a
vital skill for lawyers to master. %hen you will interact with clients and
colleagues on a daily basis, you are interacting with issues related to
culture. +ehavior, communication, relationships, parenting, decision2
making, expectations and so on, all have cultural signi*cance.
E!ective cross2cultural communication is the ability to communicate with
individuals from other cultures in a way that minimizes conict, promotes
greater understanding and maximizes your ability to establish trust and
rapport. "t requires lawyers to learn how to properly interpret non2verbal
and verbal cues.
%e all interpret the world through their individual cultural lens or worldview.
These interpretations ultimately become positive, negative and sometimes
erroneous 'udgments about the behavior, decisions and choices made by clients
and others.
)or lawyers, gaining an awareness of cultural di!erences can improve business
development, sta! retention, client service and most importantly, lawyer2client
relationships.
The ability to communicate cross2culturally is tied to your level of cultural
competence. ,s your level of cultural competence increases, so too will
your cross2cultural communication skills.
9o what is cultural competenceH )or individuals, cultural competence is the
ability to function e!ectively in the context of cultural di!erence and the
capacity to e!ectively adapt, accept and interpret culturally relevant
behavior.
Think of cultural competence as a IlensJ that can accurately interpret
culturally relevant behavior and values.
The most e!ective way to determine your level of cultural competence is
to take an assessment. (r. #ilton +ennett, developer of the Developmental
Model o !ntercultural "ensitivit#$ provides a good starting point to review
current perspectives around culture and di!erence.
:is model outlines K stages that provide insight into an individualGs level of
intercultural sensitivity and cultural competence<
ST#E O!E$ %enial
"n this stage, lawyers are unaware of cultural di!erence.
The prevailing attitude is likely to be< I+usiness is business the world overJ
or IEveryone would respond this wayJ. .awyers in this stage of
development might be so intent on the tasks at hand that they fail to
notice the cultural aspects of business relationships with clients and
colleagues. "n this stage, there is a general lack of awareness about
di!erence.
:owever, awareness is a key element in cross2cultural communication.
E!ective cross2cultural communication requires that individuals have some
awareness and appreciation of di!erence. , lawyer in denial would be
completely insensitive to their clientGs cultural taboos, expectations, family
norms, communication and conict styles.
%hile in the denial stage, lawyers will be ine!ective in establishing trust
and good client relations with clients from a di!erent culture. The failure
to understand the signi*cance of cultural di!erences may lead lawyers to
implement ine!ective case strategies due to the misinterpretation of client
behavior.
)or lawyers in this stage, unnecessary conicts and misunderstandings, along
with an overall lack of understanding of the importance of cross2cultural
communication, are common.
ST#E T&O$ %efense
.awyers in this stage will recognize some cultural di!erences and view
such di!erences negatively. "nstead of striving to understand or interpret
the patterns of conduct or communication that di!er from their own
culture, lawyers in defense are likely to mislabel such conduct as IwrongJ,
IunintelligentJ, IdishonestJ, etc. "n this stage, the greater the di!erence,
the more negatively it is perceived.
, criminal defense lawyer in the denial stage will most likely be frustrated by a
female murder defendant from $hina, who is more committed to preserving
family honor than asserting a claim of self defense in the murder of her husband.
6)or many in $hina, issues of honor, shame and commitment to family take
precedence over individual goals and ob'ectives.7 :ow e!ectively could a lawyer
in the denial stage represent this clientH :ow might the di!erence in cultural
worldviews and behaviors a!ect the lawyerGs relationship with her clientH
$learly, lawyers in this stage will struggle to communicate and work e!ectively
with clients they perceive as di!erent. This perception may cause otherwise well2
meaning lawyers to mis'udge or stereotype a client. 1egative attitudes and
perceptions held about people from other cultures serve to diminish cross2
cultural understanding and communication, ultimately undermining a lawyerGs
ability to establish a healthy and respectful relationship with his or her client.
ST#E TH'EE$ (inimization of %i)erence
"t is common for lawyers in this stage to avoid stereotypes and appreciate
di!erences in language and culture. :owever, many will still view their own
values as universal and superior, rather than viewing them simply as part
of their own ethnicity and culture. ,s a result, it is common for lawyers in
minimization to believe that everyone else shares their ideals, goals and
values with regard to family, work, professionalism, humor,
communication, etc. "n dealing with clients, the lawyer is likely to
misinterpret the clientGs behavior, opinions and reactions because the
lawyer will misperceive that the client shares his or her cultural values.
)or example, in ,merican culture when assessing credibility, lawyers may
read a clientGs or a witnessesG failure to maintain eye contact as a sign of
dishonesty. :owever, in many cultures, averting the eyes is a sign of
respect to someone in authority. :ow will an inaccurate read on behavior
impact the lawyerGs ability to make an accurate assessment of the
credibility of a client or witnessH
.awyers in this stage focus on minimizing di!erence and in so doing they
misread relevant behavioral and communication cues that are based on
culture. ,ssuming similarity when none exists serves as a barrier to
successful cross2cultural communication.
ST#E FO*'$ cceptance of %i)erence
.awyers in this stage acknowledge that identifying signi*cant cultural
di!erences is crucial to understanding and improving their interactions
with individuals from other cultures.
There is an awareness of your own culture and an understanding that
although individuals from other cultures communicate di!erently and have
di!erent ideas and customs, they are neither superior nor inferior.
.awyers in this stage are beginning to interpret culture through a culturally
unbiased lens.
.awyers who are able to accept cultural di!erences have the ability to shift
perspectives to understand that behavior typically de*ned as "ordinary" in
your own culture can have di!erent meanings in di!erent cultures.
)lexibility, adaptability and open2mindedness are the route to successful
cross2cultural lawyering and communication. Cnderstanding, embracing
and addressing cultural di!erences leads to the breaking down of cultural
barriers, and the decrease of Iculture clashesJ. These skills lead to better
lines of communication, stronger interpersonal relationships, mutual trust
and enhanced client service.
"t is important for lawyers to have the ability to properly analyze and
respond to clients as a basis for establishing e!ective lawyer2client
relations.
The following is a real situation described by an immigration lawyer. "t
provides a great example of e!ective cross2cultural communication and
lawyering<
%he law#er was representing a client eager to obtain his permanent residence
status$ so he could take a long&awaited trip home to visit amil# and riends'
During a discussion about timerames or the permanent resident process$
the law#er gentl# e(plained to the client that his e(pectations regarding
processing timelines were unreasonable and simpl# impossible to meet' !n
an attempt to )e(pedite* the process$ the client responded b# o+ering the
law#er a bribe'
!n this situation$ the law#er was aware o his client,s cultural background$
and as such$ was aware that in his client,s culture$ it is customar# to pa#
o-cials bribes in order to e(pedite certain processes. in act$ such bribes
were oten e(pected'
%he immigration law#er,s awareness o his client,s background allowed
him to respond in an appropriatel# sensitive and inormative manner'
/dditionall#$ since the law#er approached the situation with understanding
instead o judgment$ the law#er&client relationship was preserved'
This example speaks to the heart of the signi*cance of cultural awareness
and competence required to develop and sustain successful attorney2client
relationships.
ST#E FI+E$ daptation to %i)erence
"n this stage of development, lawyers are able to take the perspective of
another culture and operate successfully within that culture.
.awyers in this stage are likely to have developed solid skills in cross2
cultural communication. Their increased awareness, acceptance and
ability to adapt to other cultures makes such communication possible.
They are more likely to independently strive to understand the nuances of
other cultures, which leads to openness and ability to connect with others.
ST#E SI,$ Integration of %i)erence
"n this stage, lawyers have the ability to evaluate another individualGs
behavior in the frame of reference of their client, opponent, colleague or
sta! member. They will be able to establish rapport and read the verbal
and non2verbal cues of an individual from another culture.
This skill is useful in learning how to IreadJ people in relevant ways that
are accurate as opposed to stereotypical.
.awyers in the integration stage become adept at evaluating any situation
from multiple cultural frames of reference.
,dditionally, lawyers in leadership roles within organizations will de*ne
their roles by demanding intercultural competence and encouraging
educational training in those skills. They strive to ensure that there is
respect for cultural diversity that leads to a highly diverse workforce and
client base. 4rganizations that have successfully embraced diversity and
inclusion possess a signi*cant advantage over other organizations when
dealing with diverse clientele.
The further along a lawyer is on the continuum of cultural competence, the
more e!ectively he or she will be able to communicate with clients and
others cross2culturally.
E!ective cultural competence training programs should take a multi2
dimensional approach and focus on helping individuals gain skills,
knowledge and attitudes that encompass *ve elements<
=. ,wareness, acceptance and appreciation of di!erence>
?. ,wareness of your own cultural values>
@. Cnderstanding of the dynamics of di!erence>
L. (evelopment of cultural knowledge>
M. ,bility to adapt and practice skills to *t the cultural context of co2workers,
managers, clients andNor customers.
#ost importantly, programs should be sensitive to the needs of all participants
and structured in way to create a safe learning environment where each
participantGs opinion is respected and valued regardless of where the individualGs
skill level may lie on the cultural competence continuum.
Tips for Improving Cross-cultural Communication
,lthough training and coaching interventions are the most e!ective
methods of improving cross2cultural communication skills and cultural
competence, the following are some things that lawyers can begin doing to
improve cross2cultural communication skills<
=7 #ain a.areness. +ecome aware that although a gesture, word or
response may mean something in your culture> it may mean something totally
di!erent to someone from another culture.
?7 Ta/e a loo/ at your o.n culture0 Cnderstanding how your worldview
and culture impacts your perception of others will help you identify instances
where you may tend to use biases or stereotypes when interacting with those
whom you may perceive as di!erent.
@7 Try a little understanding. "n trying to better understand your clients and
their motivations, understand the impact that culture plays on their values,
perspectives and behavior.
L7 Listen closely and pay attention0 Try to focus on verbal as well as non2
verbal cues and the behavior of your client. "f the client seems distracted,
confused, or ill at ease, ask questions.
M7 Suspend 1udgment as much as possi"le. ,pproaching people from
other cultures in a 'udgmental manner will hinder your ability to gain a clear
understanding of the situation.
K7 2e 3e4i"le0 )lexibility, adaptability and open2mindedness are critical to
e!ective cross2cultural communication. Cnderstanding, embracing and
addressing cultural di!erences will lead to better lines of communication, client2
service and lawyering.
.awyers who are willing to address cultural issues when dealing with
clients and colleagues will enhance client relationships and improve their
ability to solve problems and negotiate. Feep in mind that improving
cross2cultural communication and cultural competence is a process and a
'ourney, so be patient with yourself. 8our commitment and desire to
improve will go a long way towards enhancing the service you provide your
clients as well as the overall quality of your lawyering skills.