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Checking Your Blind Spots: Identifying and Challenging Your Hidden Biases

Challenge hidden biases, navigate judgment in law. Explore self-awareness and the impact of biases. Unleash your legal potential.
Pete TLC
June 7, 2023


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?

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