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Do you ever feel like you’re constantly caught in the crosshairs of a high-stakes chess match? Each move is calculated with precision, yet somehow a critical piece eludes your grasp? That elusive piece might just be your own hidden bias.

In the labyrinth of the human mind, bias is our built-in compass, guiding us subtly, often without our conscious knowledge. While we lawyers pride ourselves on our analytical prowess and objectivity, the fact remains that we too are humans. Our gavels may be wooden, but our minds are not.

But don’t despair, your law degree didn’t just come with a heap of debt and a predilection for caffeine. It also imbued you with a superhero-like power for critical thought. We’re not promising you’ll end up in a cape, but it might just make you a better lawyer.

So, what are these elusive biases?

Biases can be as straightforward as preferring one necktie over another or as complex as clouding our judgment about certain jurors or opposing witnesses. They lurk in the recesses of our psyche, disguising themselves as logical thought patterns or gut instincts.

In the courtroom, biases may masquerade as facts. “The plaintiff looks guilty.” “The defense attorney seems incompetent.” These are not facts, these are biases.

It’s not personal, it’s psychological.

These biases are not due to a lack of morality or a personal failing. They are psychological and cognitive shortcuts. Our brains, although remarkably powerful, often look for the path of least resistance, which unfortunately can lead us into the shadows of bias.

Can I plead the Fifth on bias?

While the Fifth Amendment protects you from self-incrimination, it can’t shield you from your biases. Identifying them requires deep and honest introspection. It’s akin to holding up a mirror to your thought process and scrutinizing each reflection for hidden prejudices. It’s not an easy task, but then again, law school wasn’t easy either.

Caution: Unchecked biases ahead!

The implications of unchecked biases can impact a lawyer’s judgment, potentially derailing careers and even changing the course of a trial. Evidence is seen through the filter of our biases, skewing our perception and leading us away from the objective truth.

Overruling biases: A how-to guide

To challenge biases, we must first acknowledge their presence. Question your thought processes, test your conclusions, and seek opposing views. Empathy and open-mindedness are our greatest weapons against bias, more potent than any legal statute or court order.

The verdict on bias

We all have biases. They’re a part of our humanity, and denying them serves only to empower them. Instead, let’s harness our legal minds, the ones that grapple with torts, case law, and legal ethics, to confront our biases.

Start with awareness, question, and challenge your biases, and then encourage your peers to do the same. Remember, the journey to truth in the courtroom starts with the truth within us. So, fellow members of the bar, are you ready to check your blind spots?

 
Trial Lawyers College
April 1, 2024

Voir dire, interrogating jurors by legal counsel is foundational to a fair trial. This article unpacks the voir dire process—how it screens for bias and why it is pivotal for justice. Read on to gain insights into this essential legal procedure. We also want to encourage you to learn more about how the TLC Method can help you master voir dire!

 
Trial Lawyers College
March 25, 2024

In an ever-evolving legal landscape, staying at the forefront of legal knowledge and practice is not just an option but a necessity. This is where legal continuing education online comes into play. But what exactly does continuing legal education mean? How does it impact the professional growth of attorneys? And how can one navigate the diverse range of online CLE courses and CLE programs available today?

This comprehensive guide delves into these questions, offering a deep dive into the world of continuing legal education. It explores the significance of CLE credit, the rules governing CLE, and the benefits of unlimited access to online CLE courses. From the requirements set by the Florida Bar and the American Bar Association to the specific CLE rules in jurisdictions like West Virginia, New York, California, New Jersey, and all others, this article provides a panoramic view of the CLE landscape.

Whether you're a seasoned attorney seeking to enhance your practice or a law student curious about the path ahead, this article promises to be an engaging and informative read. So, are you ready to unlock your professional growth with legal continuing education online? Let's dive in.

 
Trial Lawyers College
March 4, 2024

Imagine stepping into the courtroom, your heart beating with anticipation yet steadied by confidence. This isn't just a fleeting daydream but a reality for attorney Mike Smith, a dedicated personal injury and workers' compensation attorney from Atlanta, Georgia. His transformative journey with the Trial Lawyers College (TLC) has reshaped his approach to law and professional identity.

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