I learned a lesson years ago. A client returned for a modification in a custody agreement. He seemed anxious and I asked, “What are you worried about?” He said, “I think the judge will decide I’m a terrorist because of the way I look.” His wife, who had been Muslim, had decided she was no longer Muslim and wanted to have primary parenting. Knowing the judge, I sensed my client had a right to be concerned. We decided to hit the presumed bias by asking in court examination, “What are you most concerned about right now?” We settled the case before we could try it.
Most of us, along with our judges, mediators and custody evaluators, don’t think we have biases and prejudices that affect our judgment. We are wrong, however.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
