Posted On September 7, 2017 By Kathy Behler
By Karen Hester, CEO of Center for Legal Inclusiveness
There’s a lot of talk about bias these days and unfortunately, it seems to be just that … talk. Many people have an idea about what it is and most just don’t know what to do. This blog post is a primer about bias – what it is, why it’s relevant and, most importantly, how you as a trial lawyer can reduce the impacts of bias in the courtroom by starting with three-steps.
What is bias?
Implicit biases or unconscious bias are those attitudes, beliefs or stereotypes that affect our understanding, actions and decision-making. These biases are not always inherently bad, in fact, they help us make snap decisions. Problems arise, however, when we continue to make generalizations and don’t take into account new information that contradicts it.
Why it’s relevant?
As attorneys, we are charged with the mission to zealously represent our clients – be they rich or poor, white or black, popular or disdained – with the objective to ensure fairness and equity under the law. Yet, research repeatedly concludes that attorney bias can and does impact the communication, counseling and representation of clients; interactions with jurors, witnesses and court actors; the evaluation of evidence, prioritizing cases and strategy; and recommending, accepting or rejecting offers related to pre-trial release, sentencing or probation.