The Benefits of Bias in Practicing Law
Bias is often viewed negatively in legal practice, where objectivity and impartiality are paramount. However, as explored in coaching methodologies, bias can also be a powerful tool when acknowledged and used intentionally. Lawyers, like coaches, bring their own perspectives, strengths, and experiences into their practice, which can positively shape client advocacy, case strategy, and professional relationships.
1. Bias as a Strength in Legal Advocacy
Much like coaching, where a belief in a client’s potential can drive their success, a lawyer’s confidence in their client’s case can shape legal strategy and outcomes. A lawyer who is “biased” in favor of their client’s position will work harder to uncover evidence, craft persuasive arguments, and navigate legal nuances with conviction. This commitment can bolster a client’s morale and strengthen their trust in the legal process.
2. Strategic Preferences in Legal Practice
Legal professionals, like coaches, develop preferences over time—whether in litigation styles, negotiation tactics, or even client selection. Recognizing these preferences enables lawyers to work within their strengths, improving efficiency and effectiveness. For example, a lawyer who prefers mediation over litigation may develop a specialized approach that maximizes settlements while minimizing courtroom battles. Being transparent about such biases helps clients choose legal representation that aligns with their needs.
3. Expertise and Guidance vs. Pure Neutrality
Coaches often struggle with whether to provide direct advice or remain neutral facilitators. Similarly, lawyers must balance being objective counselors with assertive advocates. In some situations, legal bias—such as a lawyer’s preference for a particular argument structure or precedent—can be beneficial in guiding clients through complex decisions. An experienced attorney's informed bias may help a client avoid risky litigation or pursue a more favorable legal strategy.
4. Harnessing Positive Cognitive Bias
The human brain is wired for bias, but not all biases are detrimental. Positive cognitive bias, such as a lawyer’s belief in justice, fairness, or the resilience of a legal system, can motivate ethical lawyering and innovative problem-solving. Just as strengths-based coaching encourages leveraging natural inclinations, lawyers can channel their biases toward strengthening their practice while remaining self-aware.
5. Acknowledging and Managing Bias in Law
The key to using bias effectively is awareness. Lawyers, like coaches, must recognize when biases enhance their practice versus when they cloud judgment. For example, an attorney must be mindful not to let personal biases against opposing counsel interfere with fair negotiations. By acknowledging and managing biases, legal professionals can create an authentic, strengths-based approach to lawyering without compromising ethics or justice.
While bias should never override ethical obligations or legal neutrality, recognizing and leveraging certain biases can be beneficial in advocacy, decision-making, and client relationships. By embracing bias as a tool—rather than simply rejecting it—lawyers can strengthen their practice and impact.
