We encounter bias at all phases of our cases and practice. To begin with, there is primacy bias—the concept of improperly leaning toward the position of the litigant who presents first. After that there is confirmatory bias, which is improperly leaning toward consistency with prior conclusions. Finally, there is recency bias, the tendency to give extra weight to the last thing that is said. Bias is a prejudice in favor of or against one thing, person or group compared with another, in a way that is generally considered to be unfair.
Bias comes in various forms: conscious and unconscious, personal and generic, cultural, social and political. Everyone has biases despite admonitions to avoid them. Human resource administrators and admissions directors are watched carefully to see that they do not make their selections, promotions or eliminations in a biased manner. Judges are supposed to render opinions free of bias, as are mental health professionals who do custody evaluations. Certain types of bias are actionable, others are objectionable and some, perhaps, are justifiable. Take gender bias.
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