DEI – THE PLATNUM RULE

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.

BarCARES®

BarCARES can make a difference for Judicial District & Local Bar Members!

BarCARES is a confidential short-term counseling, coaching and crisis intervention program created as a cost-free way of helping attorneys locate assistance to deal with the problems that might be causing stress. BarCARES is provided cost-free to members of bar groups that establish a BarCARES program. A number of judicial district and local bars, law schools and other bar related groups across the state have already chosen to offer this program.

BarCARES of North Carolina, Inc, (BCNC) is a nonprofit corporation that works to expand the program to attorneys throughout North Carolina, and it monitors the overall BarCARES program operation. BarCARES, endorsed by the North Carolina Bar Association, is made possible by funding from bar groups that establish a BarCARES program, BCNC, the North Carolina Bar Association and its Foundation, and Lawyers Insurance Agency.

BarCARES can be used for problems such as:

Personal Issues

• crisis intervention • depression and anxiety • substance abuse (drug or alcohol) • financial concerns • career counseling

Family Issues

• marriage or relationship issues • children or adolescents • parenting • family conflict

Work Functions

• professional stressors • course related stress • conflict resolution

BarCARES provides members of established programs in judicial districts, bar associations, law schools and organizations up to three free visits each year. In some programs the visits may be available to family members. Contact the BarCARES Program Coordinator for information about which BarCARES services are available to you.

BarCARES Initiative extends a statewide program offer to any member of the NCBA who lives in an area where BarCARES is not yet available. This is a one-time benefit of three sessions under the program. You may contact the BarCARES Coordinator for information about which BarCARES services are available to you.

BarCARES sessions can be used to provide assistance in resolving problems or accessing the appropriate source of help. Sometimes three sessions will be enough to take care of a problem. If it looks like the problem may require a longer term solution, the initial visits may be used to help identify the problem, to develop goals and a plan, and to access an appropriate resource, often covered under your health insurance plan. Every effort will be made for you to see a counselor who is also an approved provider under your group insurance in the event you wish to continue after the program visits are used.

BarCARES is a confidential program, no one will know if you access the program but you and anyone you choose to tell. No personally identifiable information is shared with the BarCARES Board; the associated state, local voluntary or judicial district bar association; or any other entity without the permission of the BarCARES client/ user. Additionally, any health related information included in the sessions will follow federal HIPAA Privacy & Security Rules as stated in HRC’s HIPAA Privacy & Security statement.

BarCARES program benefits are accessed by contacting the BarCARES Program Coordinator at HRC Behavioral Health & Psychiatry, PA, at 1.800.640.0735. You may also contact the BarCARES Program Coordinator just to ask questions about the program and the services it provides.

confidential counseling for the legal community and their families 1-800-640-0735 | barcares.ncbar.org