The Legal Advocate

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Monthly Theme: Bias Part 2

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This month’s theme on The Legal Advocate is Bias In The Courtroom. This is our second article on the subject. Part 1 was written by Karen Hester titled a A Trial Lawyer’s Guide to Minimizing Bias.

Interrupting Implicit and Explicit Bias

written by NITA guest Blogger Karen Steinhauser via a FB post written by Karen

I normally don’t post much on Facebook other than pictures but I needed to post this:

I recently was fortunate enough to be the co-director for the NITA National Trial Program. We had participants and faculty from all over the country. This year, we added a session to the program that we had never done before entitled, “interrupting implicit (and explicit) bias. Our focus was addressing the many types of bias that occurs in the courtroom and the effects it has on lawyers’ abilities to be effective advocates, and second how we can interrupt the bias, whether we are the victims of it or observers of it. It was truly one of the most powerful things I have ever been a part of.

A number of things were made very clear. First of all, we all have biases and it is important to recognize and understand that those biases are so that we can interrupt our own biases. Second, these issues are prevalent in the courtroom and in the legal profession in general. Third, for the victims of the bias, it is incredible painful and the pain can last a lifetime; fourth, we all have a responsibility when we see something to say something and to be mentors to others who may not know how to deal with these issues.

These issues, of course are not just limited to the legal profession, and I think these sessions need to be a part of every legal and non-legal organization. I truly believe we need to be addressing it at our law schools and other professional associations. It certainly is as much part of professionalism as knowing the basic rules of Ethics.

I have to thank our incredible faculty who were willing to share with the participants their own stories, as painful as they were, and the participants who truly understood that advocacy isn’t just about knowing how to do a good opening statement or closing argument… that it is about advocating for each other as well.

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NITA’s team of practicing lawyers, professors and judges from around the nation dedicates its efforts to the training and development of skilled and ethical legal advocates to improve the adversarial justice system.

NITA’s Goals are to:

  • Promote justice through effective and ethical advocacy.
  • Train and mentor lawyers to be competent and ethical advocates in pursuit of justice.
  • Develop and teach trial advocacy skills to support and promote the effective and fair administration of justice.
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