COMMITTEE FOR DIVERSITY, EQUITY & INCLUSION THE PLATINUM RULE A TOOL TO PROMOTE ACCESS TO JUSTICE FOR ALL BY GRACE PENNERAT (SHE/HER/HERS) | ATTORNEY, SHWARTZ & SHAW PLLC
MOST, IF NOT ALL OF US, HAVE HEARD OF (OR BEEN SCOLDED BY AN ADULT IN THEIR LIFE TO LIVE BY) THE “GOLDEN RULE.” The Golden Rule states, “Do unto others as you would have others do unto you.” In other words, treat others the way you want to be treated. However, the Golden Rule fails to acknowledge that the way one person wants to be treated may not be the same as the way you, or another person, may want to be treated. Enter the “Platinum Rule.” The Platinum Rule is certainly not as well-known as the Golden Rule. I was only just introduced to the Platinum Rule this week in the context of creating more inclusive workplaces. The Platinum Rule states, “treat others the way they would like to be treated.” The Platinum Rule invites us to ask others how they would like to be treated, supported, or addressed. While the Platinum Rule is applicable to all professional and personal relationships, it is particularly relevant when working with our clients and colleagues who identify as LGBTQ+. On February 22, the American Bar Association (ABA) adopted a resolution encouraging individuals within the legal profession to use the pronouns consistent with an individual’s gender identity. As stated in its resolution, the ABA encourages the use of pronouns consistent with an individual’s gender identity during mediations, court proceedings, and in pleadings. The ABA further resolved that all courts and tribunals implement rules about respecting the use of pronouns consistent with a person’s gender identity “so as to promote full and equal participation.” The purpose of the ABA resolution is to make the legal profession and justice system “more welcoming to (and less exclusionary toward) individuals of all gender identities.” In its report, the ABA describes gender as a “spectrum,” not limited to the female/woman and male/man binary that society is accustomed to. The ABA acknowledged that there has been a rapid change in attitudes about gender identity, particularly among younger Americans. A 2016 study showed that 50% of Millennials (individuals ages 18 to 34) believed that gender is a spectrum. Moreover, all states in the United States allow changes to gender as designated on driver’s licenses and most permit changes to gender designations on birth certificates. Recognizing that gender is a spectrum, it is important that we use language that is respectful and inclusive of all gender identities. As WCBA member Amily McCool (she/her/hers) stated in a recent CLE Presentation titled, “LGBTQ+ 101: Ethical Considerations for Working with Clients & Colleagues,” we, as attorneys, have an ethical obligation to “seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession.” Acknowledging and respecting an individual’s name and pronouns is one way to make the legal system more inclusive and accessible to all. Simply asking someone how they want to be called, practicing the Platinum Rule, will help us fulfill that obligation. As Brandon McPherson (he/him/his), former chair of the NCBA’s Education Law Section and current ABA YLD Representative for North Carolina, shared, “supporting access to justice for all begins with recognizing and acknowledging people for who they are.” WBF You can access a copy of Amily McCool’s presentation here: https://cdn.ymaws.com/www.wakecountybar.org/resource/collection/1DC55D03-672E-49E38586-75ED58EF1B4C/9.15.21_CLE_materials_LGTBQ101_Ethical_Considerations.pdf. A copy of the February 22, 2021, ABA Resolution and accompanying report is available here: https://www.americanbar.org/content/dam/aba/directories/policy/ midyear-2021/106a-midyear-2021.pdf.
WAKE BAR FLYER
14
FOURTH QUARTER 2021
