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Annotated Standards for Imposing Lawyer Sanctions, Second Edition
This presentation outlines ethics rules and ethics opinions related to implicit bias and overcoming communication barriers.
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Closed Captioned.
This presentation summarizes the ethical rules related to implicit bias and explores the interplay between implicit bias and the duty to communicate with clients. Implicit bias, also known as "unconscious bias," is a prejudice which occurs unintentionally, but nevertheless affects judgments, decisions, and behaviors. Due to implicit bias, attorneys may disfavor individuals with different characteristics to their own - including differences in race, ethnicity, gender, sexual orientation, and disability.
Implicit bias has the potential to reduce diversity in the legal profession and undermine attorney-client relationships. Attorneys may prefer to hire and promote those who are more like themselves. Attorneys may also unintentionally provide inferior representation to "out group" individuals.
Attorneys can counteract implicit bias by taking affirmative steps to ensure that all of their clients receive an equal quality of representation. The ABA Standing Committee on Ethics and Professional Responsibility recently issued an opinion clarifying certain steps attorneys must take when they represent clients who do not share a common language with the attorney, or clients that suffer from hearing, speech, or vision disability. Suitable accommodations include the use of a qualified and impartial interpreter or an assistive or language-translation device. It is important that the attorney be able to provide the client with sufficient information to intelligently participate in decisions relating to the representation and to be able to receive the information to competently represent the client. Doing so not only protects the client's interests but ensures that the attorney is complying with their ethical duties.
American Bar Association
CE2304ERSOLC
60
4/7/2023 12:00:00 AM
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Annotated Standards for Imposing Lawyer Sanctions, Second Edition
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