As a legal professional, you’re used to thinking critically, finding solutions to multifaceted challenges, and navigating convoluted and complicated bureaucracies. Your clients and colleagues rely on you to think outside the box and years of specialized training and applied experience mean that you rarely take anything at face value or fall easy prey to assumptions— so you think.
In fact, research increasingly shows that regardless of profession, area of expertise, or walk of life, human minds function largely on what social scientists call unconscious or implicit bias. Whether we like it or not, our brains process the world based on preferences and involuntary attitudes developed early in life. These associations can be positive or negative and, depending on the circumstances, can either bolster our functioning or hinder our decision-making abilities. In the organizational dynamics of the legal profession, implicit bias has been shown to systematically undermine inclusion despite growing overt acknowledgement of the value of workplace diversity.

Unconscious bias can have a range of implications and potential consequences for legal professionals, including shaping interpersonal dynamics with prospective and current clients and colleagues and, in turn, influencing organizational dynamics at the smallest law practices and the largest firms alike. Studies confirm that the legal field is rife with examples of vulnerable populations such as women, people of color,
people who are LGBTQ and those living with disabilities being overlooked and excluded on the spectrum of professional engagement and development opportunities. Yet surely we all relate to and respect these folks and consciously want them to succeed. So what gives?

It is important to acknowledge that implicit bias is not an inherently sinister human trait. Bias is a natural and common tendency, but, as we often see when we appeal to nature for an analysis of modern human behavior, primitive cognitive functions don’t always translate fluently to today’s social ideals. The solution to this conundrum lies in the realization that our unconscious biases are hardly inevitable–
they’re identifiable and, when they have undesirable effects, they’re preventable and fixable. Basic awareness of implicit bias combined with simple but diligent corrective efforts can transform us into better decision-makers, counselors, advisors, mentors, and organizational leaders.

How do you start the journey to identifying–and mitigating–the impact of unconscious or implicit bias in your life and within the systems where you practice law?

1. Build your implicit bias lexicon. Learn about the common types of unconscious cognitive biases and how people tend to manifest them.
2. Engage in some private, personal self-reflection about how these different types of implicit bias may show up in your life. Try to acknowledge at least two examples of how unconscious bias has manifested for you–both positively and negatively, personally and professionally.
3. Particularly with respect to the times where implicit bias had a negative impact for you and/or those around you, consider what proactive and corrective strategies will help you avoid similar circumstances in the future. Learn about the simple “inclusion nudges” and “bias interrupters” that can help you avoid future pitfalls.
4. Challenge yourself to think about how your practice or firm may benefit from implementing systematic mechanisms to address implicit bias by and through recruiting, hiring, training, promotion, and professional development practices.
5. Be proactive in seeking professional consultation and advice. Unconscious bias is pervasive yet, by its very definition, elusive. Identifying and mitigating it day-to-day takes practice and experience! Experts are constantly drawing on the evolving body of research in this field to create innovative tools and techniques for organizational development and transformational leadership. Help them help you by being open to their insights and tips.

Conscientious and talented legal professionals shouldn’t feel defensive or overwhelmed by the seemingly mysterious specter of unconscious bias. Just as we all make efforts to stay abreast of changes in our field and pursue professional development opportunities to sharpen our skills, managing implicit bias presents another chance to hone the analytical skills that are so foundational to the legal profession.

Maria Velasco is a strategic organizational development and leadership consultant for organizations seeking transformational change in the area of diversity and inclusion. She has over 15 years experience developing and implementing sustainable diversity and inclusion initiatives to help strengthen and leverage diversity for organizations from a variety of sectors with the goal of reducing bias, increasing cultural competence, promoting inclusion and institutional change.

For more information on how to keep cultivating cultural competence in your organization please check out our webpage: https://interculturaltraining.springinstitute.org/training/