Implicit bias can influence our thinking in any environment, but when it happens as a part of the justice system, it can be particularly harmful. In the courtroom, the impacts can have dire consequences, so trial attorneys should be especially aware of how it can creep into their practice.

OIG Managing Partner Vida Thomas recently participated in a Practising Law Institute on-demand roundtable discussion that addresses this issue.

Program Description

Despite progress, bias continues to impact people in all areas of the legal profession, including judges, juries, clients, and attorneys. Implicit Bias refers to attitudes and stereotypes that affect our understanding, actions, and decisions in an unconscious manner. These biases, which can include both positive and negative stereotypes, are often activated involuntarily and without an individual’s awareness or intent. Our everyday decision-making is unavoidably affected by implicit biases, stereotypes, and other types of cognitive biases. Identifying and addressing implicit bias becomes even more challenging when dealing with intersectionality. However, as attorneys, it is imperative that we understand these biases and take steps to ensure they do not have unfair or harmful consequences. The training will tackle intersectionality around implicit bias, and how attorneys can address implicit bias issues within themselves and the courtroom setting.

What You Will Learn

After completing this program, participants will be able to:

• Recognize implicit bias in themselves, their workplace, and the courtroom
• Understand why it is important to keep intersectionality in mind when addressing implicit bias issues
• Learn and incorporate specific techniques that can interrupt implicit bias in courtroom settings
• Identify biased behaviors that may violate California Rules of Professional Conduct 8.4.1 (prohibited discrimination, harassment, and retaliation)

For more information or to access the program recording, please visit the Practising Law Institute event web page: Tackling Implicit Bias Around Identity and Intersectionality in the California Courtroom Setting

MCLE

The training will meet the additional 1-hour requirement that the CA State Bar now requires from CA licensed attorneys on implicit bias issues starting in January 2023

PLI’s Studio Briefings are on-demand video CLE programs that feature an intimate and engaging round table discussion format with legal and industry experts addressing a range of topics.