“Only fools assert that they are free of biases.” (Martindale, D.A., “Bias and Prejudice in Custody Evaluations.” The Matrimonial Strategist, 23:9, 3-8 (Oct. 2005))
Recognizing that bias affects all of our decisions is key to being an effective lawyer. We can’t persuade a judge who has already made up his mind. We can’t cross-examine an expert witness properly unless we consider the effect that bias had on shaping the expert’s opinion. Bias is the most overlooked area by lawyers when developing a case, yet bias may control the outcome.
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