Sometimes Aboriginal clients and witnesses adopt Gratuitous concurrence where

Sometimes aboriginal clients and witnesses adopt

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Sometimes, Aboriginal clients and witnesses adopt Gratuitous concurrence, where Aborigines agree to questions even when they don’t understand 2 . When asked precise questions like dates and quantities, Aboriginal people give non-specific answers. The cultural communication issues impact on the quality of evidence that lawyers collect from clients. Such answers lead to misunderstanding in courts that, hence leading to wrong statements. Further communiqué issues are associating with non-verbal communication. Aboriginal people avoid eye contacts during questioning. In Australia, avoidance of eye contact is associated with being rude, evasive and dishonesty. Silence is a big problem in a legal framework. However, long silence is a common norm among Aboriginal people. Gestures form an essential form of communication among Aborigines. Eye movements and hand gestures could be used very fast without being noticed; this results in a distortion of client’s and witnesses’ information leading to misinterpretation. Aboriginal kinship determines how the Aborigines interact and relate to each other among different cultures 3 . The Kinship concept affects life and social structure, including the 2 Guidelines for ethical research in Indigenous studies, AIATSIS, Canberra 3 Family and Kinship by Colin Bourke and Bill Edwards in Aboriginal Australia, An Introductory Reader in Aboriginal Studies, Second Edition (Edited by Colin Bourke, Eleanor Bourke and Bill Edwards). University of Queensland Press.
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3 communication structure among Aboriginal people. Kinship determines how the Aborigines interact and relate with one another. Kinship also defines peoples' roles, responsibilities, obligations, responsibilities and interactions in different environments and ceremonies. There are various foundations of kinship, and they include totems, skin names and moiety. A competent professional should understand the kinship to develop effective communication with Aboriginal clients. Aboriginal protocols are ethical codes and practices that guide how Aborigines behave in various situations 4 . The protocols were designed to protect the intellectual and cultural property rights of Aboriginal people 5 . There is a need for legal practitioners to understand kinship and protocols to pave the way for a proper working relationship; this includes understanding their non-verbal communication, linguistic differences and various cultural issues that impact on communication with clients. The knowledge of kinship structures and Aboriginal protocols enables the legal practitioners to understand the cultural factors and religious practices that may appear on instructions from clients 6 . For effective communication, it is essential that lawyers understand the protocols and kinship structures since understanding these factors would enable lawyers to know the best way of communicating and getting instructions from Aboriginal clients. This prepares lawyers with an appropriate communication approach that would enable them to get the proof reliably from their clients. Understanding the protocols and kinship system would increase
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