“We Are Not All Viewed as Equals: Unconscious Bias in the Courtroom”

This past December, Sheryl Axelrod spoke at New York’s Harvard Club to fellow members of the Litigation Counsel of America (LCA).  Ms. Axelrod’s presentation was entitled, “We Are Not All Viewed as Equals: Unconscious Bias in the Courtroom.”

 

She discussed how lawyers in a courtroom can inadvertently telegraph unconscious bias to witnesses, opposing counsel, and the court and thereby, have a negative impact upon a jury. She also presented on the disenfranchisement of women and minorities and how they are treated compared to white, non-diverse men, explaining the studies on the topic and providing concrete examples from actual cases of how unconscious bias has impacted courtroom interactions.  Sheryl also included a case in which a bias-laden closing argument resulted in the opposing party being granted a new trial.  She concluded by offering tips on how to be aware of the problem and treat others more equally.

 

LCA tweeted about Sheryl’s presentation, which can be accessed below.