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Programs in Elimination of Bias--Special ethics



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Subtle Harassment, Code Words and Implicit Bias: Proving Everyday Discrimination in Court

Program Number: 2921 Presenter: Taylor J. Crabill, Esq., Lawrence M. Pearson, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** For employment law practitioners, egregious and high-profile incidents and allegations are not the only matters that generate litigation. More subtle forms of bias are often central to sustaining or defending against a discrimination or harassment claim, as many cases do not include a “smoking gun” piece of evidence or an allegation that neatly fulfills the various requirements of a cause of action. Bias on the part of managers or coworkers also does not always present itself or cause harm in obvious, open ways. Federal and state courts have grappled with how facially neutral statements, particularly when combined with other evidence and unequal practices, may show workplace discrimination. Similarly, subtle, indirect and unwelcome sexual advances or other mistreatment can support harassment claims under the law. This presentation will discuss

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What It Takes to be a Trial Lawyer If You’re Not a Man: The Ethical, Professional, and Personal Costs of Confronting Gender Bias in the Courtroom

Program Number: 2906 Presenter: Lara Bazelon

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Today, women make up more than one half of all law school graduates. Yet they remain dramatically underrepresented at the top echelons of the profession. Two thirds of state and federal judges are men, as are 83 percent of elected prosecutors; less than one percent are women of color. In the majority of law firms, large and small, women make up only a fraction of the powerful inner circle: partners who bring in clients, lead litigation teams, and sit on powerful management and compensation committees. In the coveted position of first chair at trial, the number of women shrinks further. In this MCLE, law professor and trial lawyer Lara Bazelon explores the systemic gender bias exhibited by judges, opposing counsel, jurors, or the clients themselves that impedes women’s

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What Legal Organizations Can Do To Combat Gender Bias

Program Number: 2874 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq. (2018)

Alton B. Harris was a founding partner of the Chicago law firm Ungaretti & Harris, now part of Nixon Peabody LLP. At Ungaretti and Harris, Mr. Harris served at various times as managing partner, executive and compensation committee member, and head of the Corporate and Securities Practice Group. He is an adjunct professor of law at Northwestern University School of Law, and he sits on the board of directors of a billion-dollar technology corporation. He has served as mentor, coach, and counselor to many businesswomen and persons of color, recently wrote with Ms. Kramer, “Taking Control: Women, Gender Stereotypes, and Impression Management” and their book, Breaking Through Bias.

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Detecting Bias: Model Rule of Professional Responsibility 8.4(g) Viewed Through the Lens of Sherlock Holmes Movies and Television

Program Number: 2861 Presenter: Craig S. Friedman, Esq., Gregory R. Hanthorn, Esq., Joanna Heiberg Sutton, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Hidden bias is difficult to root out. We are all incapable of completely impartially examining our reasons for acting; that’s why hidden bias is “hidden.” This CLE program seeks to explore differences between “bias” and “deduction and inference” through the innovative technique of following alongside one of fiction’s great ratiocinators – Sherlock Holmes. Using video clips from decades of Sherlock Holmes movies and television episodes our Moderator and Panelists will take you on a guided tour through ways in which Holmes, Watson, London and rural police inspectors and constables have either fallen prey to bias or avoided bias by thinking clearly. The end result? The program presents a series of positive and negative examples of interacting with the ABA’s amended Model Rule addressing bias and beyond.

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How Women Lawyers Can Help to Eliminate Bias, Improve Diversity and Inclusion, and Advance their Legal Careers Despite the Presence of Gender Bias

Program Number: 2834 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq. (2018)

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Andie Kramer, partner at McDermott Will & Emery, and Alton B. Harris, partner at Nixon Peabody LLP, discuss the nature and extent of the achievement disparity between female and male lawyers, and why and how gender stereotypes and the biases that flow from them cause this disparity by preventing women from advancing in their legal careers as far and as fast as men. They then provide women with specific insights and communication techniques they can use to avoid or overcome these often subtle and unconscious gender biases. The program includes a discussion of the relevance of ABA’s Model Rule 8.4(g) and ABA Resolution 302.

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What Male Lawyers Can Do to Eliminate Gender Bias and Inappropriate Sexual Conduct in the #MeToo and #TimesUp Era

Program Number: 2815 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq.

Andie Kramer, partner at McDermott Will & Emery, and Alton B. Harris, partner at Nixon Peabody LLP, discuss how male lawyers can eliminate gender discrimination and increase gender diversity in the legal profession. Topics include: discussion of the lack of diversity at senior levels in the legal profession and its gender achievement gap; identification of the biases and stereotypes that cause the gender achievement gap and the culture it fosters that can lead to actual and potential sexual harassment and misconduct; a review of the ABA Mission Statement, ABA Model Rule 8.4(g), and Resolution 302 of the ABA House of Delegates (February 2018); and suggested practical, effective steps men and the legal organizations they control can take to increase diversity and avoid inappropriate sexual conduct in the #MeToo and #TimesUp era.

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Ending the Discriminatory Consequences of Age Bias in the Legal Profession

Program Number: 2802 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq. (2018)

In this timely and important program, Andrea S. Kramer and Alton B. Harris explain the nature and operation of age stereotypes, those about both younger and older lawyers, which result in discriminatory biases against persons at both ends of the age spectrum. They convincingly explain why it is so important for legal organizations to combat age discrimination and then present a series of effective, practical practices, policies, and techniques that legal organizations can use to eliminate age bias and improve generational harmony. They also review the Age Discrimination in Employment Act of 1967, the status of litigation under this Act, and the likely impact of ABA Model Rule 8.4(g) on age discrimination. Topics include: the nature and operation of age stereotypes and the biases that flow from them; how these age biases limit career opportunities for both older and younger lawyers; recognizing how gender stereotypes interact with age stereotypes to particularly

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Positive Steps to Increase Gender Diversity and Eliminate Bias in the Legal Profession

Program Number: 2721 Presenter: Alton (Al) B. Harris, Esq., Andrea S. Kramer, Esq.

In this lively and thought-provoking program, Andrea S. Kramer and Alton B. Harris discuss how implicit gender bias can prevent legal organizations (such as corporate legal departments and law firms) from achieving their desired diversity goals and surprisingly, their economic goals. Using the ABA's Professional Responsibility Model Rule 8.4(g) and state bar professional responsibility rules as a skeletal structure, the presenters discuss how gender stereotypes and implicit biases hold legal organizations back from achieving necessary gender diversity and inclusion, and reduce career opportunities and advancement progress for women attorneys. They also focus on how people can avoid or overcome the discriminatory negative effects of gender bias, such as in the career-sensitive decisions (hiring, assignments, evaluations, compensation, and promotion policies) that are most often affected by implicit biases. Finally, they provide: (1) tips and an action plan for addressing implicit biases in corporate legal departments and law firms that can be used

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Overcoming and Eliminating Age Bias against both Younger and Older Lawyers, with a Discussion of ABA Model Rule 8.4(g)

Program Number: 2647 Presenter: Alton (Al) B. Harris, Esq., Andrea S. Kramer, Esq.

Join Andrea S. Kramer, partner in McDermott Will & Emery LLP, and Alton B. Harris, partner in Nixon Peabody LLP, for this important program about age bias in the legal profession. When lawyers understand the stereotypes surrounding younger lawyers (Millennial generation) and older lawyers (particularly women over 45), and the biases that result from these stereotypes, they are in a position to effectively combat age discrimination in their own legal organizations and improve generational harmony in the legal profession generally. In this program, our presenters address the new ABA Model Rule 8.4(g) expanded definition of “professional misconduct.” They provide lawyers with advice and techniques they can use to avoid or overcome the bias they may face as they enter the profession and as they grow older. Attendees will also get information and insights they can use to recognize the often subtle and unconscious biases that exist in the profession against both younger

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