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Unconscious biases on decision-making

Exploring the impact of unconscious biases on decision-making and strategies for lawyers to overcome them in order to improve client service


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Legal Law Attorney


Attorney Claude Ducloux recently spoke to the New York State Bar Association about how unconscious biases shape decisions and how lawyers can overcome them to better serve clients. He explained that implicit bias, shaped by factors like past experiences and social influences, often leads to confirmation bias—the tendency to favor information that supports existing beliefs. This can cause lawyers to prematurely judge a case or ignore contradicting evidence. Ducloux advised taking time to gather all facts, stepping back before deciding on a strategy, and consulting non-lawyers for FRESH perspectives.

He also noted that changing someone's mind is difficult, as people often cling to false beliefs to avoid discomfort. Instead of simply presenting facts, Ducloux recommended building trust, showing empathy, and helping others discover the truth themselves. To counter misinformation, he stressed staying positive and composed, as fear and anxiety fuel false beliefs.

Ducloux concluded by urging lawyers to lead by example in combating bias and misinformation, emphasizing the importance of staying informed, ethical, and trustworthy in the legal profession.



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