Women attorneys, attorneys of color, and younger attorneys often encounter bias when litigating their cases.  This bias can be intentional or implicit and may come from opposing counsel, co-counsel, jurors, and/or the court.  Whatever the motivation or the source, these biases present challenges for the affected attorneys as they litigate their cases and represent their clients.  These biases impact civility and professionalism, can lead to ethical issues, and might affect the outcome of litigation. This Briefing will examine how lawyers can recognize and address biases and will, among other things:

    Consider how biases arise and how to recognize them (15 minutes)
    Evaluate whether virtual proceedings and remote litigation improves or exacerbates biased conduct towards women, minorities, and younger attorneys (15 minutes)
    Present responses to bias exhibited by attorneys and judges (10 minutes)
    Examine the role of civility when confronted by interruption or bullying (10 minutes)
    Discuss how remote work and the shift to litigating and communicating with clients via digital meeting platforms may present opportunities for women, minorities and younger attorneys (10 minutes)

Faculty:

Hon. Bernice Bouie Donald – United States Court of Appeals for the Sixth Circuit

Gail Gottehrer – Law Office of Gail Gottehrer LLC

Ronald J. Hedges – Dentons US LLP

Nicole Lancia – National Labor Relations Board