Category Archives: Elimination of Bias

CLE Course: Dealing with Cognitive Bias in Trial from Voir Dire to Deliberations

Fairness is a fundamental tenet of the American judicial system. However, no matter how rational and fair people think they might be, all individuals have cognitive biases that effect their judgement and beliefs. These cognitive biases play out in the courtroom everyday across the country and ultimately influence the behavior and decisions of jurors, witnesses, attorneys and judges.

Bias & the Legal Profession

From voir dire to deliberations, the potential biases of the jurors will have a huge impact on the result of the case.

In this CLE course, trial attorney Joel Selik discusses common social and decision making biases encountered during voir dire, at trial and during jury deliberations. Mr. Selik addresses the following subjects: why we have to identify biases for jury trials, the common types of biases exhibited by jurors & attorneys, how attorneys can use bias and ideas to elicit & overcome bias in voir dire. Mr. Selik also discusses methods of determining juror bias and common biases such as tort reform bias and blaming others. To access the course please click here: Dealing with Cognitive Bias in Trial from Voir Dire to Deliberations.

The types of biases discussed include:

  • Social bias
  • Fundamental attribution error
  • Illusory superiority
  • Ingroup bias
  • Trait ascription bias
  • Defensive attribution hypothesis
  • Anchoring bias
  • Attentional bias
  • Availability heuristic
  • Cheerleader effect
  • Regressive fallacy
  • Conservatism
  • Confirmation bias
  • Hindsight bias

Joel G. Selik is a member of both the California and Nevada State Bars. His practice primarily focuses on Litigation and Tax. Mr. Selik has given many seminars on Estate Planning, Nursing Home Litigation and other legal topics and was an Adjunct Professor of Law at a local law school.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New York and around the country. For more information about CLE in New York please click the following link: NY CLE.

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CA CLE: The California MCLE Reporting Deadline

So you didn’t get your required CA MCLE done by the February 1 deadline??? Don’t worry… there is still plenty of time! Due to delays on the State Bar of California billing and MCLE compliance cycle, the Board of Trustees pushed the CA MCLE reporting deadline to March 1.

If you are a Group 3 (N-Z) California attorney you have all of February to complete the 25 required hours without penalty.

Since the reporting deadline was pushed back to March 1, you may complete the required CA CLE all this month without getting fined or suspended. Just make sure to report compliance with the CA MCLE requirement on the My State Bar Profile webpage on the State Bar of California website. For more information about California CLE please click here: CA CLE.

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California MCLE Reporting Deadline is March 1

The California MCLE compliance reporting deadline normally falls on February 1. However, due to a delayed start on the State Bar of California billing and MCLE compliance cycle, the Board of Trustees approved the CA MCLE reporting deadline for March 1. California Group 3 attorneys (last names N-Z) who are reporting compliance for the 2/1/2014-1/31/2017 compliance period must complete and report completing of the required CLE no later than March 1, 2017 in order to avoid a $75 noncompliance fee.

CA MCLE Reporting Deadline

  • Group 3
  • Last Names N-Z
  • 3/1/2017

Please note that the next Group 3 MCLE compliance period formally starts February 1, 2017. Therefore, any CA CLE course taken in February may be used for the 2017 or the 2020 period – but not both. Group 3 California attorneys must keep careful records in order to avoid double-counting any hours earned in February. For more information about California CLE please click here: CA CLE.

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CA CLE: Don’t Forget the Ethics, Bias and Competence Issues by the California MCLE Deadline

Under the CA MCLE Rules, California attorneys are required to complete 25 hours of minimum continuing legal education (MCLE) every three years. Of those 25 required CA CLE hours, attorneys must complete at least 12.5 hours for participatory credit.[1]

CA MCLE Requirement – Specialty Credits

  • 4.0 Legal Ethics
  • 1.0 Competence Issues
  • 1.0 Elimination of Bias

California attorneys also have specialty credits that must be completed.  Each three year compliance period California attorneys must complete 4.0 hours of Legal Ethics, 1.0 hour of Competence Issues, 1.0 hour of Elimination of Bias. Please note that California attorneys in Group 3 (Last Names N-Z) must report MCLE compliance by March 1.[2]  For more information about California please click here: CA CLE.

[1] For online streaming video CA CLE courses you must click on randomly inserted pop ups while you are viewing the CLE video to confirm that you are watching the course. For downloadable and CD CLE courses we have embedded numeric codes in the courses. You must write these number codes down and then enter them on our website after you complete the CA CLE course to obtain your course certificate.

[2] California attorneys that are in Group 3 for MCLE reporting purposes are technically required to complete their required CA MCLE by February 1, 2017.  However, if Group 3 California attorneys complete and report their MCLE compliance by March 1, 2017, it will be accepted and they will not be penalized nor will they be assessed a late fee.

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CA MCLE: Don’t Forget Participatory & Legal Ethics!!

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California attorneys with last names N-Z (Group 3) must complete and report and report compliance with the CA MCLE requirement by the February 1 CA CLE reporting deadline. California attorney beware: the State Bar of California  has been conducting thousands of California MCLE audits each year. Below, you will find some of the top mistakes California attorneys make when completing their CA MCLE.

California MCLE – Do It Right!

  • 25 total hours
  • 12.5 participatory hours
  • 4 Ethics
  • 1 Bias
  • 1 Competence Issues (formerly substance abuse)

Please make sure to properly complete your CA CLE requirements. You will feel much better in July when you get that MCLE audit letter from the State Bar of California in your mailbox!! For more information about California CLE please click here: CA CLE.

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CLE Course on How To Be a Culturally Sensitive Professional

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Elimination of bias in the legal profession – what does it mean to you? Is it a just another required CLE course you must take to complete your MCLE requirement? Should the ABA and state bars be involved in trying to eliminate bias and discrimination in the practice of law? Are there social and economic advantages to creating a diverse legal workplace? What is culturally responsive lawyering? What are the four main steps you can take to eliminate bias in the legal profession?

What is Culture?

All those things that people have learned to do, believe, value, and enjoy in their history. It is the totality of ideals, beliefs, skills, tools, customs, and the institutions into which each member.

If you would like answers to these and more questions please join Donna Scott for a thoughtful examination of the bias and discrimination that exists in the legal world and what can be done to encourage diversity. The main topics addressed include culture & diversity, bias, discrimination & diversity in the legal profession and action steps you can take to eliminate bias in the legal profession. To access the course please click here: How To Be a Culturally Sensitive Professional: Eliminating Bias in the Legal World.

Further subjects covered in this CLE course include:

  • Culture
  • Diversity
  • The spectrum of diversity
  • Hand up-standup
  • Prohibited discriminatory conduct in a law practice
  • The definition of bias
  • Knowing that you have bias
  • White privilege
  • Education
  • Observation
  • Familiarity
  • Intervention
  • 10 steps to take to encourage diversity in the legal workplace

Donna S. Scott, LMFT, has over twenty years of experience providing individual, couples, family and play therapy in a variety of settings. The focus of Donna’s work is to help people heal their marriages and families by empowering, educating, enlightening and equipping them. Donna is also an Adjunct Professor at Southern California Seminary in the Master’s of Arts Counseling Psychology program and at Bethel Seminary in the Marriage and Family program. In addition, she is a popular and inspirational speaker at seminars, workshops and retreats on the subject of strengthening one’s relationships. Donna has been married for over twenty-five year and has been blessed with four children.

This CLE course on becoming a more culturally sensitive professional qualifies for legal ethics credit in many states and elimination of bias credit in California, and is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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CLE Course: Understanding the Impact of Culture and Gender to Help Eliminate Bias

While each person is considered equal under the laws in our country, everyone in this world is different. Each person comes from their own unique background and has had different life experiences, and this makes them the individual that they are. As an attorney, its important to realize that certain factors help to determine how people interact with others and approach the world and the legal system.

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In this excellent and informative CLE course, attorney and mediator Monty McIntyre examines how culture and gender affect the way that people process & understand information, communicate & negotiate with each other, evaluate risk, relate to power and formulate decision & agreements. Often times, miscommunication frequently occurs from how we communicate rather than what we communicate.   To access the course please click here: Understanding the Impact of Culture and Gender to Help Eliminate Bias.

Further topics covered by Mr. McIntyre in this CLE course:

  • Types of biases
  • Theories of fairness
  • Monochromic & polychromic processing styles
  • Individualistic vs. collective thinking
  • High vs. low context people
  • High & low uncertainty avoidance
  • High & low power distance cultures
  • Rapport talk vs. report talk
  • Validation
  • Ritual opposition
  • Cross-talking & overlapping speech

Monty A. McIntyre is a mediator, arbitrator & discovery referee. Mr. McIntyre also has extensive trial experience representing both plaintiffs and defendants. He has tried more than 100 cases to conclusion, including 33 civil jury trials. Mr. McIntyre has obtained more than $50 million in settlements and verdicts for plaintiff clients and numerous defense verdicts for defense clients.

“We are all like all others, we are all like some others, and we are all like no other.” – Thomas Kluckhorn

Mr. McIntyre is listed with The Best Lawyers in America, has been a member of the American Board of Trial Advocates (ABOTA) since 1995, has been honored as a Super Lawyer since 2007, was named a Top Attorney by the San Diego Daily Transcript, is a Master in the Enright American Inn of Court, and has received two Outstanding Trial Lawyer Awards. Mr. McIntyre is the 2014 President of the San Diego Chapter of the American Board of Trial Advocates (ABOTA) and served as the President of the San Diego County Bar Association in 2002.

This CLE course on understanding the impact of culture and gender qualifies for legal ethics credit in many states and elimination of bias credit in California and is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in California and around the country. For more information about CLE in California please click the following link: CA MCLE.

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Sexual Harassment Awareness and Prevention for Lawyers

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There are various reasons to prevent sexual harassment in the legal workplace. It’s not just the right thing to do – sexual harassment is unethical and illegal. With a little knowledge you can avoid costly and damaging lawsuits and financial cost to your firm and yourself. Further, promoting a healthy legal workplace that is free of discrimination maintains good workplace morale and enhances your law firm’s reputation.

Being aware and preventing sexual harassment in the legal workplace can help you to avoid discipline and to keep your job.

To learn more about creating a legal and healthy work environment please join attorney Alisa Shorago as she provides a practical and lively discussion on sexual harassment awareness and prevention for attorneys. Mrs. Shorago will discuss reasons to prevent sexual harassment, define sexual harassment under the law, identify examples of sexual harassment, discuss some of the ethical rules regarding sexual conduct/relationships, discuss ways of preventing harassment in the legal workplace including anti-harassment policies and help to determine the boundaries of appropriate behavior. To access the course click here: Sexual Harassment Awareness and Prevention for Lawyers.

Further topics addressed in this CLE course include:

  • State & federal harassment laws
  • The definition of workplace harassment
  • Theories of harassment
  • Attorneys behaving badly
  • Organizational liability
  • Prompt & effective action
  • Remedies, specific rules for attorneys
  • Sexual relations with clients
  • Governing behavior in the legal system
  • How to prevent & deal with harassment
  • Key aspects of an anti-harassment policy
  • “Staying in the Green”
  • Appropriate workplace behavior and further guidelines

Alisa Shorago is an accomplished trainer, providing seminars in legal writing, business writing, workplace professionalism and sexual harassment prevention. She has also practiced law for over 15 years with a focus on litigation and has clerked for state appellate and federal trial courts. In addition, she is a legal writing columnist for the San Diego County Bar Association, as well as a past board member of California Women Lawyers, Lawyers Club of San Diego and the San Diego chapter of the American Society for Training and Development.

This CLE course on the legal and tax implications of cause marketing is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA) — Elimination of Bias credit
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in California and around the country.  This course on Sexual Discrimination qualifies for Elimination of Bias credit in California.  For more information about CLE in California please click the following link: CA CLE.

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Discriminatory Client Preferences and the Practice of Law

While managing or operating a law practice attorneys must not unlawfully discriminate or knowingly permit unlawful discrimination on the basis of sex, race, sexual orientation, age, national origin, or disability during the course of employment or while accepting or terminating representation of a client. But what if it is the client that is asking you to act in a discriminatory manner? Do you have to honor your duty to zealously defend your client or are you bound by your ethical duties as an attorney?

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Join attorney Dan Eaton as he provides excellent analysis and feedback on this tricky subject and further explores discriminatory client preferences and the practice of law.  The main topics addressed in this presentation include an attorney’s ethical duties, conditions of representation, withdrawal and employment laws.  Mr. Eaton also discusses case law in this area and provides hypothetical situations based off existing case law regarding discriminatory client and business preferences.  To access the course please click here: Discriminatory Client Preferences and the Practice of Law.

California Rule 2-400 Prohibited Discriminatory Conduct in a Law Practice.

(B) In the management or operation of a law practice, a member shall not unlawfully discriminate or knowingly permit unlawful discrimination on the basis of race , national origin, sex, sexual orientation, religion, age or disability in:

(1) hiring, promoting, discharging, or otherwise determining the conditions of employment of any person; or

(2) accepting or terminating representation of any client.

Daniel E. Eaton is a shareholder with Seltzer Caplan McMahon Vitek in the Litigation Department and practices employment law.  Mr. Eaton received his B.S. from Georgetown University in 1984 and received his law degree, cum laude, from the Harvard Law School in 1989.  Prior to joining Seltzer Caplan McMahon Vitek, Mr. Eaton was with Proskauer Rose in Los Angeles from 1995 to 1998 and with Gray Cary Ware & Freidenrich from 1989 to 1995. He was an Adjunct Professor of Law at Western State College of Law in 1993. He also has taught employment law at the University of California, San Diego, and both human resources law and business ethics at San Diego State University. From 1983 to 1986, Mr. Eaton served as an aide to Pennsylvania’s U.S. Senator Arlen Specter.

This CLE course on handling media attention is currently accredited in the following states:

  • California (CA) – 1.0 Credit Hours Elimination of Bias
  • New Jersey (NJ) – 1.0 Credit Hours Legal Ethics
  • New York (NY) – 1.0 Credit Hours Legal Ethics

Attorney Credits offers continuing legal education (CLE) for attorneys in New York and around the country.  For more information about CLE in New York  please click the following link: New York CLE.

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The Elimination of Bias in the Legal Profession

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The Elimination of Bias in the Legal Profession is a required course in California.  California is one of the few states with a mandatory bias and discrimination MCLE requirement.  In many other states, courses dealing with bias and discrimination in the legal system qualify for legal ethics credit.

Instead of lawyers in firms arguing about whether there is in fact anything “wrong” at their firm that needs correcting, they now discuss how improving their representation of women and minorities may enhance their business. That debate is usually a far less controversial one since, not surprisingly, it is easier for lawyers to reach a consensus about activities aimed at enhancing revenue and profits as opposed to achieving social justice.[1]

While the main rationale used to justify and advance diversity in law firms used to be moral, now it’s the bottom line that is driving the push.  Because of an expanded client base, it now makes economic sense to promote diversity within your firm.  Further, some Fortune 500 companies have demanded that the law firms they employ become more diverse – and they have fired them when they didn’t comply.[2]

While this may be a required course for some, many attorneys and people inside the legal profession view it as an important topic.  Attorney Credits has worked with a number of excellent practitioners to produce insightful CLE courses on this topic.  We are proud of our wide selection of bias and discrimination courses that we offer attorneys around the country.

  • Bias & Discrimination in the Legal Profession – What Can Be Done?
  • Eliminating Biases You Never Knew You Had
  • Elimination of Bias in the Legal Profession
  • Elimination of Bias in the Legal System
  • The Elimination of Bias & Promotion of Diversity in the Legal Profession

To view Attorney Credits’ selection of course dealing with bias, discrimination, diversity and inclusion please click here.


[1] Diversity Makes Cents

http://www.netforlawyers.com/page/diversity-makes-cents

[2] Under Pressure: Corporate demands for minority hiring have law firms paying attention but will fundamental changes occur?

http://masslawyersweekly.com/wp-files/pdfs/ma/05/CCS_112105.pdf

 

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