Lawyers Beware! Gender & Other Bias in New Business Situations©

Each human being (including every lawyer) has and uses two types of bias in their thought and decision-making processes: explicit and implicit (or unconscious) bias. Studies show that 98 percent of each human being’s biases are automatic and intentional, but 2 percent are unconscious and unintentional. Biases often negatively impact a lawyer’s ability to develop new relationships and get new work – without intent.

Explicit bias reflects the attitudes, beliefs, and/or stereotypes that a person acts upon, endorses, and believes in at a conscious level. Examples include:

•  “I will never buy services from or hire anyone who is X” (fill in the X with any one or a combination of male/female; a person of a certain color, religion, sexual orientation; etc.). 
•  “He/she went to X college/law school; I would never hire anyone who graduated from there.”
•  “All baby boomer outside counsel are outdated and overly conservative.”
•  “In-house counsel from the millennial generation don’t know anything.” 

Implicit bias is the bias in judgment and/or behavior that results from thinking processes that often operate at a level below conscious awareness and without the person’s intention or control. So they are often subtle, hidden preferences, attitudes, and stereotypes that impact selection and decision-making. Examples include:

• In a pitch, when the General Counsel is an older man and the three AGCs are also male, they may unconsciously prefer to select and work with a male – or vice versa.
• When assembling a team within a law firm to pitch a prospective new client, the “lead” lawyer is an older male and unconsciously chooses only men to be part of the pitch.
• When considering outside trainers or vendors, decision-makers unconsciously steer away from hiring minorities by minimizing or dismissing their capabilities without realizing they are doing so.

The above scenarios and others just like them (but swap male for any race, religion, color, etc.) occur within law firms every day! The key is to be aware of your own and the client’s/potential client’s biases, consider the situation, and then raise and address or steer away from unfair bias to the extent possible and appropriate.

Want to learn more best practices on how to avoid bias? Rent this webinar today “Best Practices: Diversity and Gender Issues Facing Law Firms.”

Follow Business Development Inc. on:

Facebook - @BusDevInc

Twitter - @BusDevInc

LinkedIn – Business Development Inc