Eliminating Bias - How Implicit Bias Leads to Ethical Violations and How to Combat It

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We are among the least diverse industries in the United States. Unconscious bias not only impedes diversity efforts, it creates significant risks for law firms in terms of potential ethics violations and civil liability. 

This program examines three ways unconscious bias can lead to bad lawyering: (1) how unconscious bias can foster violations of ethical duties of competence, communication and diligence, specifically Model Rules 1.1 (Competence), 1.3 (Diligence), 1.4 (Communication), and 8.4(d) (Conduct Prejudicial to the Administation oif Justice). The program also looks at how the lack of training and policies on unconscious bias can become a basis for violations of ethical duties of supervision under Rule 5.1, and (3) how unconscious bias can manifest itself in conduct that is most frequently the basis for bar complaints and malpractice suits. The course includes analysis and discussion of bias training that has been demonstrated through research to be effective at reducing the negative impact of unconscious bias on conduct and decision-making.

The course also looks policies, procedures, and insurance protection for law firms concerned about potential legal challenges to diversity efforts.

 

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