Category Archives: UnconsciousBias

“Sink or Swim” – A Convenient Myth

Many senior partners in law firms ascribe to the notion that new attorneys will “sink or swim” in their organization; that the good ones with potential will outperform the rest. Underlying this deeply entrenched belief is the notion that they were swimmers; they pulled themselves up by their bootstraps and succeeded on their own merits and everyone else should too.

What actually happens is that some attorneys swim – but only because they get swimming lessons and water wings; they even get life rings thrown at them when they make mistakes. Those without this favored status are left to drown and soon leave the firm. Without the benefit of the (largely hidden) opportunities given to the select few, it is soon clear that there is no real hope for advancement in the firm.

Eight national research studies demonstrate that female, LGBT, and racially/ethnically diverse lawyers are disproportionately left out when it comes to the intangible but critical opportunities given to the usual favorites.

It is time the legal profession come to terms with this favoritism, caused by affinity bias (an unconscious preference for others who are like you and share common backgrounds and interests). Indulging in this convenient myth is keeping the legal profession from optimizing talent and achieving business goals.