The Cost of Bias in the Legal Profession


A. Bias, a Fact of Humanity.

Bias is a fact of human life. Since the law profession is largely populated by humans, that means bias is a fact of the legal world. This is the case despite the best wishes or intentions of any one of us. Accept it as true.

So, as a collective of legal minds, where do our biases lie? The answer, as we know from voir dire is that the human capacity for prejudice and bias is pretty much infinite. Even so, there are areas of bias against certain groups that we know are especially critical. The most prominent include bias based on characteristics such as: gender; race or ethnicity; national origin; religion; age; sexual orientation and; social status (ie., poverty).

Why do we even care whether there is bias in our profession? Well, it has to do with the very essence of our role as agents of justice.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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