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Twyla Carter: Movement Lawyering Requires Engaging Those Who Don’t Agree

Twyla Carter, Attorney-in-Chief and Chief Executive Officer of The Legal Aid Society, has written a “Wish I’d Known” column for the American Bar Association’s Student Lawyer magazine, targeted to more than 60,000 law students in the United States. In it, she reflects on the importance of engaging with those with differing perspectives.

Read the full piece below.

As a lawyer representing low-income communities in various legal matters, fighting for
justice and challenging the status quo is central to who I am. This ethos initially drew me
to public defense, and I’m so proud to lead an organization that sets the gold standard for
our industry.

To me, movement lawyering means using our law degrees to build power for people most
impacted by injustice. But to truly eradicate systemic inequities, fighting from the trenches
isn’t enough. We must also engage with those who uphold or influence the systems we’re
trying to change fundamentally.

This often means having tense and frustrating conversations with individuals across the
aisle who don’t share our views and who challenge reform.

In New York, a city of eight million people, diversity of thought is a reality. Despite this, our
circles can still feel insular and limited to those who already agree with us.

If my goal is to abolish the carceral system, guarantee housing as a human right, and
defend immigrant communities from deportation, for example, I can’t isolate myself.
Reaching out, listening to, and working with those who see the world differently is critical.

But I didn’t always agree with this approach.

A Mentor Taught Me More Than the Law
Early in my career at the King County Public Defender’s Office in Seattle, I watched a
mentor of mine—a zealous attorney and one of the most principled people I know—begin
working with police, prosecutors, and other stakeholders on a myriad of public safety
issues.

At the time, this made me mad.

I thought she was selling out, bending her values to appease those who created and
entrenched the very systems we were fighting to dismantle.

But over time, I came to understand what she was doing. She wasn’t compromising; she
was building bridges to create a nationally recognized diversion program that effectively
addressed issues related to mental health and drug misuse.

Working Through Differences Is a Strength, Not a Weakness
Having been influenced by that approach, I worked with county officials, police,
prosecutors, community-based organizations, and a 250-store mall to create a diversion
program for youth accused of shoplifting. This program offered young people a chance to
avoid a criminal conviction and all the collateral consequences of having a record. Upon
successful completion of the program, the youth were allowed to apply for jobs at the
same stores from which they’d previously been accused of stealing.

The program served young people and their families and also shifted the attitudes and
perspectives within law enforcement. Police and prosecutors became dedicated
stakeholders in providing second chances, and the community saw tangible results.
I’ve learned through this experience that engaging in tough conversations and working
through our differences doesn’t demand abandoning core values, and it doesn’t weaken
your advocacy. If anything, it strengthens it.

Join Me in Creating Unlikely Collaborations
To this day, I’ve continued to apply that lesson. When I assumed the helm of The Legal Aid Society in August 2022, I faced the daunting challenge of correcting years of divestment
and underfunding. That led to widespread staff attrition and unfilled vacancies and
undermined our ability to provide zealous representation as required by the law. To help
address this crisis, we collaborated with local district attorneys’ offices grappling with
similar staffing and funding challenges.

This unlikely and unexpected partnership yielded results. Lawmakers allocated critical
funding that allowed us to increase staff compensation and retention and welcome the
largest incoming class of new attorneys in more than a decade. The additional funding
also supported the opening of a first-of-its-kind training center, equipping the next
generation of advocates to fight for justice.

These experiences have reinforced in me the vital lesson that building coalitions—even
with those I’ve initially perceived as adversaries—isn’t a compromise of principles. Instead,
it’s a demonstration of unwavering commitment to representing the people you serve.
As a young public defender, I initially resisted this approach. Today, I understand that
getting out of the echo chamber and meaningfully engaging those with opposing views is
necessary and a pathway to new opportunities and lasting reform.

Published by the American Bar Association ©2024. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.