Tag Archives: Elimination of Bias

New York CLE: Diversity, Inclusion & Elimination of Bias

Did you know that the NY CLE requirement has been amended?? New York attorneys are now required to completed 1 hour of Diversity, Inclusion and Elimination of Bias each 2 year compliance cycle.

New NY CLE Requirement

New York attorneys must now complete 1 hour of Diversity, Inclusion and Elimination of Bias.

This CLE rule change will not add to the current experienced attorney biennial CLE requirement of 24 hours. You are still also required to complete 4 of hours in Ethics and Professionalism. New York attorneys are also still required to completed 24 total NY CLE hours, including 4 hours of Ethics & Professionalism. For more information about New York CLE please click here: NY CLE.

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New CLE on How Firms Can Increase Gender Diversity

Virtually every large law firm and publicly held corporation claims it is committed to gender diversity. Yet, most gender diversity programs have accomplished very little in the way of significant change.

3 Steps to Increase Diversity in Law Firms

Progress toward gender diversity depends on three key actions:

(1) Specifying specific numerical goals

(2) Providing meaningful financial incentives to achieve them

(3) Adopting and enforcing a clear strategy for how that is to be done

Join Andi Kramer and Al Harris for this thoughtful and poignant program about overcoming gender bias in the legal profession to create a more successful and profitable law firm. Andi and Al will mainly address why diversity benefits law firms & organizations, the gender achievement gap in the legal profession, what men can do and what legal organizations can do to end gender bias. To learn about what steps you can take to create a more diverse firm, please click here: What Men & Organizations Can Do to Close the Gender Achievement Gap in Law.

Further topics covered in this CLE course:

  • The moral & business rationale for diversity
  • Unconscious & implicit bias
  • ABA Model Rule 8.4(g)
  • Blind auditions
  • Thinking slow
  • Getting involved
  • Valuing difference
  • Hiring & assignments
  • Professional development
  • Compensation & promotion
  • Leaves & retention

Andrea S. Kramer is an attorney and a partner in the international law firm of McDermott Will & Emery, LLP. The managing partner in the Chicago office of Nixon Peabody, Al is a frequent writer and lecturer on the financial markets, financial regulation, corporate governance and diversity in the legal profession.

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 Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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New CLE on What Women Lawyers Can Do to Combat Bias

There’s a reason that women are sorely unrepresented in upper leadership. America’s workplaces – especially legal offices – are riddled with bias against women leaders. As a result, women seeking to advance in their legal careers face both biases that prevent them from reaching the upper echelon of their firms and careers.

Gender Bias in the Legal Profession[1]

Female and male attorneys experience a sharp disparity in their career achievements: compensation earned, management positions held, and first chair opportunities made available. This disparity is primarily the result of one factor: the discriminatory operation of gender stereotypes in all legal organizations—even the very best intentioned ones.

In this thoughtful and fast moving program, Andrea S. Kramer and Alton B. Harris discuss the extent of and reasons for the achievement disparity between female and male lawyers, and how gender stereotypes and gender bias prevent women from advancing in their legal careers as far and as fast as men. Andie and Al mainly discuss the ABA’s response to increase diversity & inclusion, the root of the gender bias problem and what women can do to overcome gender bias. To access the course please click here: What Women Can Do to Advance Their Legal Careers Despite Gender Bias.

Andie and Al also talk about:

  • ABA Model Rule 8.4(g)
  • ABA Resolution 302
  • Men and #MeToo
  • Communal & agentic stereotypes
  • Biases that flow from gender stereotypes
  • The Goldilocks dilemma
  • Impression management
  • Seeking make allies
  • Encouraging organizational change

Andrea S. Kramer is an attorney and a partner in the international law firm of McDermott Will & Emery, LLP. The managing partner in the Chicago office of Nixon Peabody, Al is a frequent writer and lecturer on the financial markets, financial regulation, corporate governance and diversity in the legal profession.

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)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

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

[1] Rewrite the Script: Overcoming Gender Stereotypes Holding You Back

iframe.dri.org/DRI/course-materials/2017-WITL/pdfs/06_Harris.pdf

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CA CLE: 1 Elimination of Bias for MCLE Requirement

California attorneys must complete 25 hours of minimum continuing legal education (CA MCLE) every three years to be able to practice law in the state of California. And meeting all your required California CLE requirements has taken on even greater importance over the last few years as the Cal Bar has greatly stepped up the amount of CA MCLE audits.[1] One common error that California attorneys frequently commit is failing to take enough of the required specialty credit hours.

CA MCLE – Specialty Hours

  • 4 Legal Ethics
  • 1 Elimination of Bias
  • 1 Competence Issues

California attorneys need to make sure to complete at least 1 hour of Elimination of Bias each three-year compliance period.[2] For attorneys with last names that start with N-Z, the time is now… time to get your required CA CLE done! Don’t get fined, suspended or disbarred – start completing your CA CLE today! For more information about the California MCLE requirement please click the following link: CA CLE.

[1]  That’s because the State Bar of California has decided to increase the number of MCLE audits conducted every year.

[2] In addition to 4 hours of Legal Ethics and 1 hour of Competence Issues.

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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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Bias & Discrimination: What Can Be Done?

Elimination of bias in the legal profession – what does it mean to you? Is it a just another required course in some states? What are your thoughts on the ABA and state bars trying to actively eliminate bias and discrimination in the legal field? As you probably aren’t surprised to find out, these rules are predominantly aspirational and they carry much more bark than bite.

In California we are required to take 25 units every 3 years to fulfill our CLE requirements including four required courses in legal ethics, one on elimination of bias, and one on the prevention, detection, and treatment of substance abuse. Just glimpsing at the required courses, it’s easy to see what regulators and the State Bar of California find important – ethics, substance abuse, and bias and discrimination. Now, I know everyone complains about having to take CLE because attorneys know everything, but there must be a reason that we are mandated to take these required courses.

I think that not too many people could argue with the requirement of four ethics courses. These courses are meant to keep attorneys out of hot water with the State Bar and unhappy clients. Legal Ethics represents the baseline conduct that you can get away with and not get an ethics violation or complaint – many of which form the basis of malpractice claims. Substance Abuse – it’s easy to see why that’s required course.  Nearly 60% of all ethics complaints and malpractice claims stem from problems with drugs and alcohol. It’s pretty simple – the practice of law is stressful, and instead of taking care of themselves many attorneys tend to self-medicate with booze, weed, pills, or others drugs of choice.

However, the question remains – should the ABA and state Bars regulate eliminating bias in the practice of law? If so, how should they go about regulating this conduct? Don’t we already have state and federal protection for certain classes of people already, isn’t this regulation duplicitious?

My answer: if there wasn’t a problem, there would be no mandatory elimination of bias requirement. Unfortunately, while the rest of the United States has become a more diverse place – especially in the last generation – the practice of law can still look like roll call at Augusta National Golf Club. For those of you unfamiliar with golf, Augusta National has a men-only policy – and just about every one of those men is white. My guess is that in thirty years, once America has become even more diverse, eliminating bias and discrimination will not be a problem.  But take a look at the statistics and you will find that women, attorneys with disabilities, and attorneys from minority groups still qualitatively lag behind “the majority.” While quantitatively the numbers have increased over the years, according to the ABA minority representation among law partners remainsless than 3 % in most cities.[1] And with the downturn in the economy, these diversity efforts have taken a beating because ‘diverse’ attorneys were some of the first cut loose at the firm and firms are not putting resources into these programs.

If you want to know more about the subject we have some great topics on the subject. I hate to plug myself, but …. I just got done filming a course on point this week entitled Bias & Discrimination in the Legal Profession – What Can Be Done? Some of the topics I discuss include the unique position of attorneys and their influence on society, the changing legal workplace, examples of bias and discrimination involving attorneys and judges, ABA and state regulation, and whether the private sector is better suited to promote diversity within the legal profession.

We also have another great course on the subject from dynamic speaker and Deputy District Attorney Wendy Patrick Mazzarella entitled Leveling the Playing Field: Eliminating Bias in the Legal Profession. In Leveling the Playing Field, Ms. Mazzarella starts by defining bias and then details the state and federal laws that outlaw bias and discrimination in the practice of law – including Title I, V, and VII. Ms. Mazzarella wraps up the presentation by pointing out who is not protected and presents numerous case examples, including an attorney who was asked by a judge to take his turban off.

What do you think?  I want to hear your opinions on the subject …

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