# Presentation: 190582

## Annual District Conference	

- Lei-Chala I. Wilson, Esq., Deputy Public Defender, San Diego
- Hon. Marguerite D. Downing, Los Angeles Superior Court
- October 05, 2007 - Guam
- October 06, 2007 - Saipan NMI

## Elimination of Bias in the Legal Profession:Can We All Get Along?

- In a perfect world, we wouldn’t have to worry about this topic. But the world is not perfect. However, we can still aim for the stars and reach the moon.

## Race/Ethnic Bias

- What is race/ethnic bias?
- Is it different than discrimination or prejudice?

## Scenario No. 1

**A black woman attorney is seated next to her white client, who is charged with prostitution, at counsel’s table. The judge, who has taken the bench, asks for the attorneys to make their appearances.**
**       ****The deputy district attorney stands and  announces his office and his name. The defense counsel stands to announce her name and her client.**
**	****The judge, a little irritated, immediately says, “Not you! I want the attorney to stand and make the appearance.”**
**	****The defense counsel again stands up to make the appearance.**
**	****The judge again tells the attorney to sit down as he wants to hear from the “attorney” and not the “client”.**
**	****Defense counsels tell the judge she is the “attorney” and not the “client”.**
**	****Was there bias any here? If yes, where?**
**	****If not, why not?**

## Scenario No. 2I am not the court clerk/probation officer

- A black woman deputy public defender is sitting at counsel table with her client. The judge cannot find the probation report in the court file and asks the defense attorney if she has brought the court’s copy of the probation report. She tells him no.
- He asks her why not? She explains that she is the attorney and not the probation officer. The judge apologizes several times while turning red in the face.
- Was there any type of bias here? Why or why not?
- How could this have been handled differently?

## Scenario No. 3I am not the court clerk/probation officer

- The black woman deputy public defender (DPD) is in court and has not yet received her copy of the client’s probation report. She approaches the Latina deputy district attorney (DDA) to asks to borrow her copy. The DDA snaps, “I am not the probation officer”.
- The DPD replies, “I know. I can see you are seated at the prosecution’s table and have the DA’s file. I only asked because I didn’t get my copy”. The DDA didn’t say anything.
- Was there any bias shown by anyone? If yes or no, why?
- How could this been better handled?

## Scenario No. 4	

-       A local bar association offered a seminar in probate and estate planning at a luncheon that was held at a private club. An attorney, who is Chinese American and had signed up for the event arrived at the luncheon and was paying for his lunch when one of the hosts from the bar association quipped, “No money, no tickee.”
- 	The attorney was startled and upset by the comment. He informed the host that such remarks were very offensive to Chinese Americans and that the history of that particular remark was very hurtful. The attorney asked for an apology. The host just looked at him and walked away.
- 	Another host at the event said that the attorney should leave and that the event at a private club meant the host organization could do whatever it wanted.
- 	The attorney eventually left and wrote a letter, asking that the local bar leaders assist him in getting an apology for the remark and the request that he leave. There was no answer to the letter for more than two months.
- 	The Chinese American lawyers bar association, along with other Asian American bar associations, wrote to the local bar president. Eventually, there was an agreement by the local bar to investigate the complaint brought to their attention.
- 	Was there bias? Where?
- 	What steps should be taken (if any) at the individual, organizational, and professional levels?
- 	Adapted from the EOB at the State Bar of CA seminar, 09/03/03. Program #109

## Gender BiasDo you see yourself here?

- Have you ever?
- 1.  Addressed a female lawyer as “honey,” “dear,” or “young lady”?
- 2.  Remarked to opposing counsel, “You remind me of my wife?
- 3.  Called female adult witnesses by their first names, while referring to their male counterparts as “Mr. So-and-so”?
- 4.  Commented to a female client or attorney that she was attractive or commented on her “cute, short skirt” or her smiling at the jury?

## Gender BiasHave you ever done or thought of doing this?	

- Propositioned opposing counsel?
- Described a female attorney as “emotional” or “hysterical”?
- Refused to use a female associate on a matter because the client objected?
- Told opposing counsel, “What’s the matter with you? It must be that time of the month”?

## Are you saying, that’s not me?	

- Consider this--
- According to attorney surveys and state bar disciplinary records, CA attorneys have done all that and more. Despite the awareness of the existence of gender bias and its pernicious effects in the legal profession, many attorneys continue to exhibit such behavior.

## What is Gender Bias?	

- Gender bias is behavior or decision making that is based on or reveals:
- 1.  Stereotypical attitudes about the natures and roles of men and women,
- 2.  Perception of of each gender’s relative worth,
- 3.  Myths and misconceptions about the social and economic realities encountered by both sexes.

## Why Should We Care About Elimination of Gender Bias?

- There are three good reasons:
- 1.   It’s good for the profession
- 2.   It’s good for the clients
- 3.   It’s long overdue
- It’s a matter of fundamental fairness!

## Reason No. 1:  Good for the Profession 

- Bias adversely impacts the integrity of the legal profession because:
- 1.  The administration of justice is impacted.
- 2.  It impairs the public’s perception of the fair administration of justice.
- 3.  It undermines the status and credibility of the participants in the judicial system.

## Remember	

- The Oath of Office that attorneys take, upon admission to the bar, requires attorneys to uphold the law and not engage in discriminatory behavior in their professional lives.

## Reason No. 2: It’s Great for Our Clients

- Bias adversely impacts our client’s interests because:
- 1.  It undermines the credibility of witnesses, lawyers and the court itself.
- 2.  It interferes with the advocate’s zealous representation by shifting the focus of the litigation from the client’s cause to bias-related issues unrelated to the case.
- It can create grounds for reversal.

## Keep This Is My Mind

- What goes around comes around. – If we, as stalwarts of the justice system, contribute to a justice system that tolerates bias against our opponent’s clients, we can expect similar intolerances against our own clients.
- Do the “right and proper thing”. Stand up and do justice.

## Reason No. 3

- It is long overdue.
- 	1.  According to an earlier report of the Ninth Circuit Gender Bias Task Force, approximately 60 percent of female attorneys have experienced gender bias at the hands of opposing counsel and judges.
-    2.  California courts are increasingly inclined to intervene to remedy racial and gender bias exhibited during judicial proceedings.

## A Word or Phrase Does Not Have to be Offensive to Offend

- The Known “Bad” Words
- 	The “N” Word
- 	The “B” Word
- 	The “O” Word
- 	The “F” Word
- Words that Can Offend
- 	The “good ole days”
- 	Those people/you people

## We all want to belong and yet be recognized for our individuality

- As the world becomes more diverse, we still feel a need to be recognized for our special differences and needs.
- 	ABA
- 	NBA
- 	EBGBA
- 	LCSD
- 	LRLSD
- 	THLS
- 	PALSD
- 	FALSD
- 	SABA
- 	KABA
- 	MAMA

## Other Areas of Concerns

- Attorneys with Disabilities
- LGBT Attorneys
- Physical Disabilities
- Mental Disabilities

## What Can We do?

- Treat judges, opposing counsel, court staff, clients, witnesses, litigants, and jurors with courtesy and dignity regardless of their sex, race, or any other characteristics.
- Conduct yourself at all times as an officer of the court, keeping in mid the important role that attorneys play in maintaining the professional integrity and dignity of the justice system.
- Avoid remarks, conduct, or written comments that reflect stereotypical attitudes about men and women.

## More Ways to Eliminate Bias

- Refrain from expressing the belief that women or people of color should not be lawyers or are inferior as advocates.
- Do not, whether verbally or by any other action, focus on the gender, race or personal appearance of any participant in the court proceedings or any other legal proceedings.

## In Your Daily Practice	

- Gender or race biased words, phrases or actions taken to display a bias against an individual, which dehumanizes and demeans another, based on unfounded and incorrect assumptions about people, helps continue harmful stereotypes, and leads to unequal.
- Lawyers are officers of the court and members of a learned profession. All lawyers have a duty to the justice system to act with integrity, uphold the law, set a high standard of civility, and refrain from engaging in discriminatory or biased behavior during their professional careers.