President’s Message October 2024
Professionalism according to Whom?
Challenging the Cultural Constructs of Professionalism
BY DBA PRESIDENT ANNIE MARTÍNEZ
October in Denver is a lovely time of year and we find ourselves surrounded by the vibrant colors and crisp air that define the beauty of fall. This season reminds us of the cycles of nature, the importance of change, and the opportunity for reflection and gratitude.
It is in this sprit that in October we also observe Legal Professionalism month (in Colorado). In May of 2012 the Supreme Court, the Colorado Bar Association, and the Chief Justice’s Commission on the Legal Profession jointly declared that going forward in October the Colorado Legal community would observe Legal Professionalism Month. (Proclamation & Colorado Lawyer Article- 2012). This Proclamation was reissued in 2017, to include the two law schools in our state.
The purpose is to encourage participants in the Colorado Legal community to rededicate themselves to exhibiting the highest standards of professionalism and integrity and promote public confidence in the system.[1] In their proclamation they specifically called out the following as being in furtherance of promoting professionalism:
- Members of the Legal Profession to rededicate themselves to demonstrating the highest standards of professionalism and integrity, and promoting public trust in the rule of law;
- Professional Entities, including law firms, corporate and public law offices, bar organizations, and Inns of Court, to promote legal professionalism and public confidence in the profession; and
- Judicial Officers and Court Staff to promote public confidence in the courts, our system of justice, and the professionalism of the bench and bar.
There is no denying from me that promoting professionalism in the law is a proper endeavor… but how are we defining professionalism?
Merriam-Webster defines professionalism as: “the conduct, aims, or qualities that characterize or mark a profession or a professional person.” Meh… not the most helpful.
In an article published in the Colorado Lawyer (hyperlinked above), former Chief Justice Michael L. Bender drew attention to the need to “renew our efforts to the legal profession through increased civility toward one another… [and] rededicate ourselves to the service of society, including the most vulnerable among us.” Per the joint CBA/DBA Professionalism Committee, professionalism is defined as:
Conduct reflecting the values embodied in the Colorado Attorney Oath of Admission, the Colorado Principles of Professionalism, and the Colorado Rules of Professional Conduct. These values require attorneys always to act competently, civilly, and with integrity and to commit themselves to the public good and to furthering the interests of justice.
They also state that “these values require attorneys to always act civilly, inclusively, and free of bias against underrepresented groups” though it does not appear these two portions have been reconciled with one another, i.e. they are in separate parts and have not been restated jointly.
The Colorado Principles of Professionalism also give us guidance as to an operational understanding of Professionalism is, identifying that professionalism is by providing some practical considerations.
So, we do have some pointed guidance in how we are to view professionalism in the Colorado legal field. It is important, however, to point out that while all the above helpful in understanding Colorado Legal Professionalism, it is still premised on a foundational conceptualization of professionalism, one that is inherently problematic.
Our notion of professionalism, while typically considered to be an objective standard, is deeply rooted in cultural bias, and reflects the hegemony of white and Western ideals and preferences, at the exclusion of non-white, non-western practices. This hegemony is identified as white supremacy culture, not to be confused with white supremacists, this concept is the systemic, institutionalized centering of whiteness. (Gray, 2019). It stems from the belief that white western people and ideals are superior to others and is the foundational premise of our systems to this day. It becomes even more problematic because as a society we have adopted these standards as the norm, and what to strive towards while forgetting or ignoring the foundation these expectations were built upon, and who was excluded in the creation of them. In other words, for many we uphold these values and norms detached from their roots of whiteness, seeing them as being objective rather than subjective and then expect those of the non-dominant group to conform to them.
The way this plays out in the work sphere is two-fold. We see it in the interpretation of standards set for dress code, speech, work style and timeliness. We also see it in more foundational aspects of work and professionalism. They include:
- Perfectionism
- Sense of urgency
- Defensiveness
- Quantity over quality
- Worship of the written word
- Only one right way
- Paternalism
- Either/or thinking
- Power hoarding
- Fear of open conflict
- Individualism
- Progress means bigger or more
- Objectivity
- Right to comfort
These are explored by Tema Okun in their article White Supremacy Culture – Still Here, which is an insightful read, and I encourage everyone to check it out.
These norms and values which have been established and reinforced over time, manifest in the hiring, management and firing practices in the workplace. In their article “The Bias of ‘Professionalism’ Standards” Aysa Gray explores the ways that professionalism standards—whether related to appearance, behavior, or communication—are subjective and rooted in bias and that in upholding these norms, non-white, non-Western workers are often penalized for not conforming to Eurocentric ideals. Gray also discusses in depth the origins and implementations of white norms as markers of professionalism, and it is another insightful piece I encourage y’all to read. Some examples of these different norms include:
- Wearing culturally traditional clothes rather than suits
- Having a polychronic versus monochronic relationship with time
- Wearing one’s natural hair textures or hair styles associated with Black hair
- Speaking in standard, “proper” English.
The legal profession is an area that adheres to these norms quite strongly with some feeling as foundational to the practice. It is particularly susceptible to reinforcing these norms because of that foundational aspect as well as it is still being a predominately white-male field. Colorado as a state has made progress towards challenging these norms of professionalism when it became the 5th state to ban hair discrimination. The legal community has made progress as well, with the Bars focus on equity and inclusion in the profession, and the addition of mandated DEI CLE credits.
The way one presents themselves, by dress, style, body language and chosen word may be different than the norm, but that does not inherently make that person any less professional. So, yes, we owe it to our clients and the community at large to practice with professionalism, but towards that effort we also must challenge some of the norms of professionalism that are exclusionary and negatively impactful of practitioners outside of the dominant group, and of non-white non-western cultures. By broadening the understanding of professionalism, our profession can better harness the strengths of diverse voices and create more impactful and equitable outcomes in the field. It is time for the Colorado legal community to critically assess and evolve our standards of professionalism to truly reflect the diverse society we serve.
Choosing October as the month to herald professionalism is meaningful. October is a time for harvest—both in our fields and in our communities. As we continue to labor to make our legal community a more equitable and inclusive one, taking a moment to reflect on the harvest of our efforts is important, to see what we have accomplished and reinvigorate to continue the work still be done. Reaffirming values of professionalism in the legal field of civility and respect to our colleagues and society at large is noble, and we must continue this evolution to include an understanding and challenging of many of the norms we uphold with respects to professionalism. As the leaves transform, let us also embrace the transformational changes in our profession, fostering growth, equity, inclusion and resilience.
With that, wishing you all a wonderful October filled with hope, connection, and the spirit of fall.
In service and solidarity,
Annie Martínez
Organizations that are making a change:
The CROWN Coalition: The CROWN Coalition is a major driving force behind The CROWN Act.
Race Forward: Race Forward works to advance racial equity and address systemic racism in workplaces.
The Perception Institute: This organization addresses how implicit bias and stereotypes shape interactions in the workplace.
The Center for Workplace Inclusion: This nonprofit organization helps companies build inclusive workplaces that respect cultural and racial diversity.
The National Employment Law Project (NELP): NELP advocates for employment rights, with a focus on policies that advance racial and economic justice.
Color Of Change: This organization is dedicated to racial justice in various sectors, including the workplace.
Special thanks to Siet Milne-Wright for providing research and references to help me write this message.
ENDNOTE
1 https://www.cobar.org/professionalism#:~:text=Legal%20Professionalism%20Month&text=The%20Colorado%20Supreme%20Court%2C%20with,Legal%20Professionalism%20Month%20in%20Colorado.