Elimination of Bias Seminar

ELIMINATION OF BIAS SEMINAR LACBA MINORITY REPRESENTATION THE PROFESSION Elimination of Bias Subcommittee Introduction This seminar has been developed by the Elimination of Bias Subcommittee of the Minority Representation in the Profession Committee of the Los Angeles County Bar Association. Development of this training is intended to reflect the recognition of the Los Angeles County Bar Association that an unfortunate degree of bias continues to exist within our profession and also the Association's strong commitment to eliminate such bias and improve human relations in an increasingly diverse working environment. This training has been approved by the California State Bar for MCLE training in the category of Elimination of Bias. Philosophy of the Training The philosophy of the training is that it be conducted by volunteers who are peers of the lawyers receiving--and participating in--the training, rather than the product of professional sensitivity trainers. It is our view that our target audience—primarily attorneys, although, depending on the firm's or organization's preferences, we are pleased to include support staff--will be more responsive to a training put on by individuals with whom they may personally identify, as opposed to persons who make a career of instructing others concerning race, gender, disability and sexual orientation bias. Moreover, in each training, some of the presenters will be recruited from the firm or organization receiving the training. It is also intended to be very user friendly. Consequently, we were happy to come to the League of City Attorneys annual Spring Conference when invited. Rather than asking groups to come to the training, we ordinarily take the training "on the road" to the firms or organizations that express interest. We believe there are two positive aspects to this approach. First, it is easier for members of firms or organizations to participate when the training is scheduled at their workplace. Perhaps more important, however, we hope that the training generates ongoing discussion. This likelihood is enhanced by having the training viewed as an office exercise, rather than something to which individuals from the firm are sent. Presenters The Bias Training is conducted by non-professional trainers. The presenters are, however, well prepared for the seminar. The training is structured so that the presenters work together in advance to familiarize themselves with other bias training programs, get to know each other, act out and discuss the hypotheticals, and learn the demographics and particular characteristics of the target audience from members of the firm or organization receiving the training. Several of the presenters will have conducted a previous training. Past presenters have included Laura Farber, former President of the Barristers or the .Los Angeles County Bar. Association, who was instrumental in developing a Bias Training Program for the Barristers; Elizabeth Guillen, formerly of MALDEF, and now with the Law Office of Sharon Lybeck Hartmann, who travels nationwide conducting seminars in connection with the Denny's Discrimination Settlement; the Honorable Eudon Ferrell, of the Los Angeles Municipal Court; Johnny Griggs, of Sidley & Austin, who has spoken extensively of the experiences of African-American lawyers in major law firms; Dianne Tan, Deputy Attorney General; Elizabeth Calciano, a member of the League who practices municipal and environmental law with Burke, Williams, & Sorenson; Rhonda Reeves, Rhonda M. Reaves of Heller, Ehrman, White & Mcauliffe, Co-Chair of the Subcommittee on the Elimination of Bias; and Lew Hollman, also Co- Chair of the Subcommittee and a Senior Attorney at San Fernando Valley Neighborhood Legal Services. Nature of the Training We hope the training outline is instructive as to the nature of the training. After stating the goals of the training, the presenters will all introduce themselves, briefly giving their reasons for being involved. We view this as more than a formality. It is an important way to achieve a sense of identification with those hearing the seminar. While some informational materials will be distributed--including the California ethical rule prohibiting discriminatory conduct in a law practice, summaries of studies showing the pervasiveness with which insensitivity and bias still remain in our I profession, and articles about the usefulness of elimination of bias training--the training consists primarily of role-playing in hypotheticals, followed by discussion. Because of the large number of observers of this training, we will be using a panel of League members to engage in discussion with the presenters. Although it is important to the process that discussion of sensitive issues be allowed to surface, we will, as the outline indicates, have established ground rules ~insuring that the discussion is within the parameters of fair play and mutual respect. There will be no bashing of other person's views and we will rule out discussions about specific existing conflicts. While we hope the training may create an atmosphere in which such conflicts may be more effectively addressed, the seminar is not intended to be a dispute resolution service. Before the time has expired, we will ask for feedback from the League panel as to the utility of the exercises, suggestions for other hypotheticals, and volunteers who may be interested in participating in subsequent trainings as presenters. We will also, of course, circulate evaluation materials that can be returned in confidence to enable us to improve the training over time. CONCLUSION ii The Elimination of Bias Subcommittee of the Committee on Minority Representation in the Professions sincerely hopes and expects that this seminar and training will be a positive experience for all involved. PRESENTERS The Elimination of Bias Subcommittee relies entirely upon volunteers and it is part of our training philosophy that each training involves members from the firm or organization participating in the Elimination of Bias Seminar. As these materials are being prepared, only an incomplete list of presenters is available. They include: Lew Hollman, San Fernando Valley Neighborhood Legal Services, Inc. Mr. Hollman is Co- Chair, with Rhonda M. Reaves, of the Subcommittee on Bias, and a Senior Attorney with SFVNLS where he specializes in Education Law, Income Maintenance and Disability Law, and Health Law. A graduate of Boalt Hall, he has been involved in representing lo\y income individuals for more than twenty years, litigating on behalf of the indigent in the areas of disability rights, health access, homeless assistance, and educational equity. Johnny D. Griggs, Sidley & Austin Mr. Griggs is a specialist in employment discrimination law who has represented many high profile clients including, most recently, the former Police Chief of the Los Angeles Police Department. A graduate of Yale University, he has spoken extensively on the experiences of African-American lawyers in large law firms. Dana Moon-Dorsett, Law Offices of Dana Moon Ms. Moon-Dorsett practices litigation, employment law, and civil rights law in Los Angeles. As an immigrant from Korea, she learned English as a second language as a Junior in High School, and went on to receive her J.D. from U.S.C. Coming from a racially homogeneous culture, she was exposed rather suddenly to race consciousness and is very interested in issues of race and gender bias. Elizabeth C. Calciano, Burke, Williams & Sorenson Ms. Calciano practices municipal and environmental law in Los Angeles. A cum laude graduate Bowdoin College, she received her J.D. from Hastings College of Law. Ms. Calciano invited the Subcommittee to put on its seminar at her firm, and found herself quickly recruited as a presenter. R. Mona Tawatao, San Fernando Valley Neighborhood Legal Services, Inc. Ms. Tawatao is a Managing Attorney with SFVNLS, where she focuses on housing and community development law. After graduating from U.C.L.A. Law School, she clerked for the Honorable Marianna Phaelzer, U.S.D.C., before coming to SFVNLS. iii ELIMINATION OF BIAS TRAINING OUTLINE I. INTRODUCTIONS A. PURPOSE AND GOAL B. BACKGROUND AND INTEREST OF PANEL C. METHODS AND THEORY D. GROUND RULES 1. No bashing 2. Hypotheticals or Incidents Outside Office 3. Not Crisis Intervention E. BREAK FOR QUESTIONS II. PRESENTATION OF HYPOTHETICALS A. HYPO I Gender/Ethnicity B. DISCUSSION C. HYPO II Race D. DISCUSSION E. HYPO III Disability F. DISCUSSION G. HYPO IV Sexual Orientation H. DISCUSSION I. HYPO V J. DISCUSSION III. SOLICIT HYPOTHETICALS IV. REACTION TO TRAINING V. CONCLUSION & MCLE INFO A. Committee Membership B. Training Volunteers Note: Several attachments were included with this presentation; however, we are unable to provide all of them. The complete Final Report of the California Judicial Council Advisory Committee on Racial and Ethnic Bias in the Courts has been included (whereas only the executive summary was included with the presentation). Also included is American Bar Association Rule2- 400, Prohibited Discriminatory Conduct in a Law Practice. For all other attachments, please contact the author. iv Rule 2-400. Prohibited Discriminatory Conduct in a Law Practice. (A) For purposes of this rule: (1) "law practice" includes sole practices, law partnerships, law corporations, corporate and governmental legal departments, and other entities which employ members to practice law; (2) "knowingly permit" means a failure to advocate corrective action where the member knows of a discriminatory

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