Cost Of Bias Vegas 2005

The Cost of Bias in the Legal Profession

William A. “Bill” DanielsMAZURSKY, SCHWARTZ, DANIELS & BRADLEY

www.BillDanielsLaw.comCAALA Las Vegas

August 2005

Bias is a Fact of Life

Gender

Race/ National Origin

Age

Religion

Socio-economic

Sexual Orientation

We hold these truths to be self-evident

that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness -- That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed . . .

Declaration of Independence

Invisible Bias

The Daniels Clan

The Daniels Clan

William E. DanielsChicago, IL

Violetta RemediosKobe, Japan

William A. DanielsSan Francisco, CA

Robert CuretonLos Angeles, CA

Marjorie AglerOn a Farm, Ohio

Cheryl CuretonRamsgate, UK

Billy & Jenny DanielsLos Angeles, CA

Family Photos

Family Photos

Family Photos

Family Photos

Family Photos

Family Photos

Our Changing Profession

12%

73%

11% 4%WhiteBlackHispanicAsian

• 2005 Legal Population (Source: American Bar Association)

• By 2020, 36% of all Americans will be minorities

ￒThe California Judicial Council has established access and fairness in the judicial system as its number-one priority. In part, this concern has evolved from the realization that the stateￕs demographic profile has changed dramatically in the past 20 years and will continue to do so. For example, Whites, who are now 57 percent of the stateￕs population, will decrease to 40.5 percent by the year 2020. The 224 different languages or dialects now spoken are expected to increase, primarily because of immigration.ￓ Final Report of the California Judicial Council Advisory Committee on Racial and Ethnic Bias in the Courts (January 1997) at p. 1.

Our Changing Profession

The Eternal Debate

The Eternal Debate

Addressing Bias

• Judicial officers• Attorneys• Systemic bias• Bias in our own lives

The Benefits of Inclusion

• Human capital fully utilized• Confidence in justice system enhanced• Social “lubrication” reduces friction• Avoid Title VII claims

THE END