This CLE course will focus on how lawyers in personal injury cases can account for and address race, gender, and ethnicity assumptions in themselves and in others and how those assumptions impact the court system in general and case resolution in particular. Stereotypes and assumptions may be express or implicit and expressed in words or actions. Attorneys must understand how these prejudices can profoundly affect perceptions of justice as well as settlement terms and recoveries.
Stereotypes permeate the building blocks of every tort case. Proof of the defendant's duty to the plaintiff, breach of that duty, causation, and damages are defined, described, and understood in terms of a "standard" or reasonable person, which is created by culture, including its prejudices. Traditional wisdom even advises the astute litigator to exploit these biases and to assess people by presumed preferences based on race, gender, age, and ethnicity.
Moreover, prejudices and stereotypes play a significant role in liability and damages. Recent cases involve awarding more significant damages for an unborn boy who died in utero than for girls with educated parents and promising futures. Statistics and data institutionalize and normalize earnings disparities, with lower damage awards to women and minorities.
There are ways, however, to recognize and handle offending conduct from other attorneys or court personnel. Likewise, practitioners are working creatively to exclude inherently racist and sexist "data" that decrease damages for various segments of the population.
Listen as the experienced panel explains how and why the conduct and attitudes of all participants in the personal injury case--judges, lawyers, witnesses, parties, and jurors--can profoundly affect the outcome of the case and create dissatisfaction with the judicial system and best practices to address these issues.
