MCLE for California Lawyers Continuing Education For California Lawyers In this section you will find several articles, each with an accompanying quiz.  Everyone will find these articles interesting but attorneys licensed in the State of California can take the quiz, send in their quiz results and a check for $20.00 per quiz and earn Continuing Education credits in the area of Prevention of Substance Abuse, Elimination of Bias in the workplace and Ethics.  Each class represents one hour of Continuing Education and has been approved by the State Bar of California. SUBSTANCE ABUSE AWARENESS AND PREVENTION By Paul Springer with guidance from Steven Kesten, Esq. Copyright 2008  Employees inclined to “popping pills,” “hitting the bottle” or “blazing the skunk” can get into a great deal of trouble, and that trouble can in turn affect many other people in the workplace and elsewhere. The problems are even greater for attorneys with drug and alcohol problems, since the profession makes extremely high demands in terms of both performance and ethical behavior. Related topics of great interest to lawyers include understanding substance addiction and abuse, its causes and effects, its treatment, and the kinds of assistance available to attorneys though the Bar’s The Lawyer Assistance Program or LAP and a branch of Alcoholics Anonymous dedicated to lawyers and commonly known as The Other Bar. It’s important to understand that addiction and abuse can ruin careers regardless of whether legal or illegal substances are at issue. Substances that can be dangerously abused include alcohol and a plethora of proscription drugs, such as Oxycontin, Vicodin, Codeine, and even Viagra.  It’s worth noting that use of “legal” medications without a prescription is still illegal, and even using such medications under a prescription does not provide an excuse for operating a motor vehicle or engaging in other dangerous activities. Illegal or controlled substances such as marijuana, hashish, heroin, LSD, psilocybin mushrooms, nitrous oxide, cocaine, “crack cocaine,” peyote, toluene-based adhesives and other industrial compounds, volatile solvents, MDMA (ecstasy), ether, methamphetamine or “crank,” GHB (a gamma hydroxybutyric acid compound known by street names like “Easy Lay”), opium, and Rohypnol (“Ruphies). While different substances have different effects, it is helpful to keep in mind that they all go to work through the billions of neurons or nerve cells that connect and comprise different parts of the brain. Communication between neurons takes place chemically through neurotransmitters, and certain kinds of neurotransmitters are associated with particular types of sensation. Examples include dopamine, which can bring about the feeling of pleasure and affect motivation, and Serotonin, which can affect moods. Abuse of drugs does not necessarily extend to addiction, but it does pertain to periodic destructive or unhealthy substance abuse, even when it occurs infrequently. Drug use can variously affect moods, perceptions, judgment, and various physical parameters, so even occasional abuse can lead to hospitalizations, injury, and death.  In less extreme forms, abuse can be seen when drug users are willing to forgo serious workplace or personal responsibilities to use drugs. The term ‘addiction’ refers to a primary, chronic, neurobiological disease, which typically differs in effects from person to person as a result of various genetic, psychosocial, and environmental factors.  Symptoms of addiction include one or more of behaviors such as impaired control over drug use, compulsive use, continued use in spite of obvious negative ramifications, and persistent craving. Addictions may be psychological or physical, though the distinction can often be a nebulous one. Psychological addiction generally refers to a pattern of usage that becomes habitual and customary but that does not involve a compound like alcohol, cocaine, or heroin that interacts with the body to bring about physical addiction. Physical addiction or dependence consists of adjustment or adaptation tending to comprise both heightened tolerance and conspicuous behavioral and physiological responses to immediate or tapered cessation of use. Addiction goes beyond abuse when use of a drug becomes a controlling factor in daily and hourly behavior and planning, and when the craving for the drug becomes all-encompassing. Physical addiction will also result in physical (and emotional) reaction to cessation, otherwise known as withdrawal symptoms. Affects of drugs vary considerably according to the properties of a given compound and its synergy with the physical and emotional qualities of a given user. Still, employers and others may be tipped of to drug problems by symptoms and behaviors such as these: •    Lethargy, sleepiness, or prolonged inactivity •    Extreme agitation or emotional outbursts •    Slurred speech •    Frequent absences or unscheduled departures •    Red eyes or dilated pupils •    Unkempt appearance or pungent body odor or “reek” •    Inability to concentrate •    Unexpected nausea, vomiting and/or diarrhea •    Labored or spasmodic respiration •    Constant eating •    Possession of paraphernalia such as bongs, pipes, flasks, “coke spoons,” baggies containing materials of dubious provenance, rolling papers, razor blades, hypodermics, and syringes •    Violent behavior More generally, problems in the workplace associated with substance abuse include: •    Decline in quality of work •    Questionable judgment •    Delays in completing tasks •    Problems cooperating with co-workers and/or clients Still more generally, larger issues may be personal at core but intrude into the workplace: •    Problems with financial affairs •    Difficulties in personal relationships •    Arrests for driving under the influence or other crimes •    Substituting drug use for recreational activities •    Pervasive feelings of anger, despair, sorrow, anxiety, confusion, depression, guilt, or soul-shattering emptiness For attorneys, workplace is not defined by the office, and practitioners must maintain high ethical standards and employ good judgment at all times. Frequent interaction with colleagues and clients outside the physical workplace means that substance abuse can affect attorneys’ behavior and have serious consequences regardless of where it takes place. Lawyers and their employers alike can benefit from utilizing treatment programs for individuals with substance abuse problems. Many philosophies and methods of treatment are available. Generally speaking, most forms of treatment share some common grounds: •    Different people need different kinds of treatment, and treatment methods need to go beyond the addiction to address the patient’s other needs and problems. •    Treatment takes time and should not be static—it needs to adapt to changes in the patient. Cessation of use is just the first step—successful treatment usually involves lengthy post-cessation assessment and management. Here are some of the more common types of treatment: •    Individualized Counseling: Focuses on assessing problems and issues and developing short- and long-term strategies for cessation. Practitioners often encourage simultaneous involvement in 12-step programs. •    Group Counseling: Individuals with substance abuse issues join to share experiences in a calm, informal atmosphere with a knowledgeable moderator. May be used in conjunction with other approaches to develop strategies appropriate to individual needs. •    12-Step Programs: Alcoholics Anonymous developed as the first 12-step program during the 1930s, when its founders devised a non-profit, anonymous group environment treatment that guided participants through twelve carefully articulated developmental steps. Subsequently the same principles have been employed for other groups such as narcotics users, overeaters, and gamblers. Groups operate autonomously on a local basis and do not charge fees. •    The Matrix: This is a combination of techniques used to guide patients through various stages of realization to help patients stop using drugs and avoid relapse. It is based on a framework or matrix of approaches including individual and group counseling, drug testing, 12-step programs, and other means. •    Supportive-Expressive Psychotherapy: Usually employed for heroin and cocaine users, this approach uses support exercises to accustom patients to discussing their situations and expressive approaches to assist patients in defining and solving personal issues involving addiction. Often used alongside individual counseling. •    Motivational Enhancement Therapy: A counseling approach intended to aggressively break down resistance or ambivalence to starting treatment. The approaches above are not specific to any particular group or profession. However, attorneys in California do have a specifically designed program to help legal professionals cope with substance abuse and mental health problems: The Lawyer Assistance Program, LAP. The LAP provides confidential assistance, which is crucial in a profession built on discretion and enforced confidentiality. Information about participation in LAP is released only with the participant’s written permission.  Such information is not admissible or discoverable in civil proceedings with the attorney’s written consent. Attorneys may refer themselves to LAP, but friends, relatives, colleagues, and acquaintances can also make a referral. The legislation establishing LAP states that an attorney who is not the subject of a current investigation may voluntarily enter, whether by self-referral or referral by a third party. Components of LAP include: •    Private counseling •    Professional assessment and consultation •    Intensive treatment if necessary •    Ongoing monitoring •    Random drug testing •    support groups with professional mediators •    Ongoing peer support groups While substance abuse is common to about 10% of the general population, studies show that as many as 50% of the practicing attorneys may be at risk. And as resourceful, driven, argumentative professionals, attorneys may need powerful guidance to face the realities of their situation and avoid denial-driven rationalizations. Attorneys receiving treatment to meet LAP conditions are responsible for paying the costs themselves. Attorneys are not universally required to stop practicing law during LAP, but conditions of treatment may require some participants to enroll as inactive members of the bar or agree to limitations on the extent of their practice. LAP is distinct from the Bar’s Alternative Disciplinary Program (ADP). The ADP program allows the court to skip the fact finding process, since the attorney subject to discipline stipulates to factual matters at the onset. In an ADP proceeding, the judge provides two disciplinary regimens.  The less stringent one applies if the attorney meets program requirements, while more severe consequences are in store for those who fail to meet the requirements. The ADP program often refers attorneys to LAP, and LAP participation is a condition for attorneys seeking ADP proceedings. Quiz materials 1. Some research shows that as much as ____ of the attorney population has problems with substance abuse A. 90% B. 10% C. 50% D. 20% 2. Which one of the following is true? A. The ADP and LAP programs are unrelated. B. The ADP process requires an attorney to sign a stipulation of facts at the beginning of the proceedings. C. The ADP and LAP originate in the same legislation, and they are essentially the same program. D. LAP involves criminal law, while ADP deals with criminal actions. 3. Which of the following is true about being referred into LAP? A.  Attorneys can only be referred by themselves or other members of the Bar. B. An attorney already the subject of a disciplinary proceeding can refer him/herself to LAP. C. Attorneys can voluntarily refer themselves for LAP, but they can also be referred by colleagues, friends, and family members. D. All of the above. 4. Which of the following constitutes an occupation-specific difficulty facing attorneys with substance abuse problems? A.  Attorneys often sue people who refer them to LAP. B. Public disclosure of LAP actions dissuades attorneys from referring themselves. C. As forceful individuals trained to argue either side of a situation, attorneys may be prone to construction elaborate rationalizations to avoid facing a substance abuse problem. D. They have to stop practicing law during treatment required by LAP. 5. The approach known as Supportive-Expressive Psychotherapy is most commonly used for individuals using these substances: A.  Proscription medications. B. Glue and volatile industrial solvents C. Cocaine and heroin D.  Marijuana and alcohol 6.  Twelve-step programs such as Alcoholics Anonymous generally require participants to: A. Pay fees for attendance B. Identify themselves to the group on a first and last name basis C.  Begin smoking cigarettes to avoid thinking about the substance they abuse D.  None of the above 7.  Attorneys with substance abuse problems need to be concerned that their behavior will come under scrutiny: A.  Only in the office or in courts of law B.  In interaction with colleagues, clients, friends, and family C.  Primarily in the context of pleadings they prepare D.  Only if the bill an inadequate number of hours 8. Which of the following is most likely to be true of most substance abuse treatment methods? A.  Going “cold turkey” is usually all it takes. B.  No one should need more than six weeks to “kick the habit” C. Electroshock treatment is often recommended for attorneys D.  Individuals need approaches specifically tailored to their needs and adjusted periodically to accommodate changes in behavior and outlook. 9.  Outside the office, individuals with substance abuse problems may which of these problems? A.  Difficulties handling financial matters B.  Arrests for driving while under the influence C.  Exacerbation of pre-existing relationship problems D.  All of the above 10.  Which of the following is a work place issue that does not necessarily indicate that an attorney has a substance abuse problem? A.  Frequent viewing of YouTube videos B.  Decline in quality of work C.  Bad judgment in devising legal strategies D.  Delays in completing work on time 11.  Which of these is not a controlled substance? A.  MMDA (“ecstasy”) B. Dopamine C. Cocaine D.  home-made Rohypnol 12.  Which of the following would most clearly suggest that an employee has a substance abuse problem if they were found in his/her desk? A.  Literature advertising the virtues of an obscure religion B. Numerous bills and statements regarding personal finance C. A collection of bongs, pipes, and diminutive spoons D.  Racing forms and casino receipts 13.  Which of the following would be least likely to suggest a substance abuse problem? A.  Labored or erratic breathing B.  Sudden decline in regard for personal hygiene C. Erratic mood swings and threats of violence D.  Constant snack eating 14.  Addiction or physical dependence of a substance involves which of the following? A. An intense craving for the substance B. Consistently using the substance instead of engaging in work C. Unpleasant physical reactions to cessation D.  All of the above 15. Which of these scenarios suggests substance abuse rather than addiction? A.  Bob regularly takes illegally obtained sedatives for which he does not have a proscription B.  Sally starts out the day with “just a nip” of bourbon and furtively drinks from a bottle of same hidden in her desk C.  Fred doesn’t use any drugs other than caffeine during the day, but he is so focused on happy hour drinking that he often leaves work early, fails to complete assignments, and arrives to work late. D.  Anne drinks alcohol only once a year--at the firm Christmas party--but every year she is arrested afterwards for indecent exposure and drunk and disorderly conduct. Elimination of Bias By Paul Springer with guidance from Steven Kesten, Esq. Copyright 2008 Bias of many kinds can have severely debilitating effects on the practice of law. Biases that can come into play include predispositions or prejudices involving race, gender, religion, culture, sexual preferences, social status, disabilities, age, general appearance, and occupation. Frequently several biases may concur to the detriment of attorneys, their clients, and the legal system as a whole. The influence of bias may be found in courts, law offices, interaction with clients, and meetings intended to bring about compromises and settlements. Elimination of bias in the workplace involves some strategies applicable to many professions, but it is important to note that in the legal profession the existence of a bias or conflict of interest with respect to a specific case or situation may cause a judge to recuse him/herself from a case voluntarily (sua sponte).  As an additional guard against employment of a judge who might hold views prejudicial views on a matter, many courts provide petitioners with one or more peremptory disqualification opportunities, which provide for a change of judges without the need to specify cause. This article focuses strategies attorneys and law firms can use to heighten awareness of biases and manage practices to eliminate it at all levels—recruiting, hiring, mentoring, and promoting attorneys in ways that do not invoke or rely on bias.  The specific kinds of bias considered here are gender, race, and religion. It is extremely important for legal practitioners to cultivate an awareness of general legal precedents calculated to attenuate bias and prejudice. This section of the U.S. Code describes key provisions of the Title VII of the Civil Rights Act of 1974: It shall be an unlawful employment practice for an employer—(1) to fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin. 42 U.S.C. Section 2000e-2(a) Myriad other statutes, regulations, and policies regulate bias and discrimination at every level. Gender Bias Statistics continue to show several gender imbalances in the legal professions. According to a 2007 ABA study that found about 45% of law students are female, women account for about 30% of practicing attorneys, but only about 18% of partners in law firms. Only about 16% of attorneys in corporate legal departments are women. Disparities also occur in academia, where women represent almost half the tenure track population (45%) but only 27% of those who actually receive tenure. Similarly, women represent only about 25% of district and circuit court judges. Debate continues over causes of women’s apparent under-repreentation, which may have a variety of complex sociological roots, including conflicts with roles in the family. However, the history of one particular case shows how the perception of gender bias in the operation of a law firm can have serious ramifications for all involved. About five years after the Civil Rights Act of 1974 was enacted, an Atlanta attorney filed a complaint with the Equal Employment Opportunity Commission (EEOC). Elizabeth Anderson Hishon claimed that a substantial law firm refused to advance her to partnership because she was a woman. Hishon claimed that when she was hired in 1972 the firm maintained that associates were routinely promoted to partner. But she was twice denied partnership, and after the second denial in 1979 her position was terminated. The EEOC informed Hishon she had grounds to sue, and in 1980 she brought an action in the United States District Court for the Northern District of Georgia. The suit demanded, inter alia, damages and back pay "in lieu of reinstatement and promotion to partnership."  She did not try to get her job back. Maintaining that Title VII did not apply to a law firm’s selection of partners, the court dismissed the claim. A divided panel of the United States Court of Appeals for the Eleventh Circuit affirmed the lower court’s decision, but the U.S. Supreme court granted certiorari and ultimately reversed. Much of the law firm’s defense involved the claim that a partnership invitation is not itself an offer of employment and that Title VII does not apply absent an offer of employment. The firm further argued that Title VII categorically exempted partnership decisions from scrutiny and that application of Title VII would infringe constitutional rights of expression or association. But the Supreme Court did not agree and remanded the case. In a concurring opinion, Justice Powell expressed his views on the need for elimination of bias in law firms: In admission decisions made by law firms, it is now widely recognized—as it should be—that in fact neither race nor sex is relevant. The qualities of mind, capacity to reason logically, ability to work under pressure, leadership, and the like are unrelated to race or sex. This is demonstrated by the success of women and minorities in law schools, in the practice of law, on the bench, and in positions of community, state, and national leadership. Law firms —and, of course, society—are the better for these changes. The Supreme Court case was highly publicized, as was the firm’s wet t-shirt contest held while the case was pending. The dispute was settled out of court, and the terms were not disclosed. The Hishon case continues to be cited in suits involving alleged discrimination based on gender. The language of Title VII has also taken on a life of its own specifically in the legal profession.  In 1995, for example, California’s California Rule of Professional Conduct 2-400 came into being.  Though not easy to enforce, the 2-400 rule was intended to remind legal professionals that they are not exluded from Title VII. Rule 2-400 applies to law firms, sole practitioners, legal departments, government entities with legal practices, and “other entities which employ members to practice law.” The Hishon case did not eliminate problems with gender bias, but it did render problematic some of the rationales used by law firms to justify decisions made on the basis of gender. The Supreme Court recognized that Title VII could conflict with other laws and rights. A footnote to the decision lays out the ongoing conflict in reconciling biased judgments prohibited by Title VII and the use of various criteria for lawful selection of a candidate: The Court's opinion properly reminds us that “invidious private discrimination . . . has never been accorded affirmative constitutional protections.”. . . This is not to say, however, that enforcement of laws that ban discrimination will always be without cost to other values, including constitutional rights. Such laws may impede the exercise of personal judgment in choosing one's associates or colleagues. It is thus crucial to maintain a high level of self-awareness when applying criteria of any variety to the judgment of an individual at the recruiting stage or anytime thereafter. Well-documented processes for selection of new hires and interpreting their subsequent performance are essential to minimize any perception of bias that could develop in hindsight. At the same time, firms should have readily available non-discrimination statements, and the cost of providing diversity education from an outside source may be well justified in light of expensive suits and settlements that occur as the result of “misunderstandings” that develop from different conceptions of gender roles. Racial Bias Racial minorities tend to reflect a relatively small percentage of the attorney work force. EEOC statistics show relative increases, but the overall numbers of minority lawyers are small. Based on numbers for the years 1975 through 2002, the Commission provides the following figures to show how the populations of attorneys from these groups grew: •    African Americans from 2.3 percent to 4.4 percent •    Hispanics from 0.7 percent to 2.9 percent •    Asians from 0.5 percent to 5.3 percent In contrast, Women increased from 14.4 percent in 1975 to 40.3 percent in the same period of time.  A variety of factors lie behind the low participation rates of the non-white populations, but law firms clearly need to use consistent policies and procedures to avoid bias in the treatment of the non-causcasian practitioners who succeed in entering the profession. Racial bias can take many forms, but one case involving legal action by a former associate suggests some serious pitfalls for law firm employers and employees alike. In 1994, attorney Lawrence Mungin, an African-American, sued his former employer, alleging the law firm had acted according to racial bias. Mungin worked for several law firms after graduating from Harvard Law School in 1983, and eventually he was recruited by a law firm with aid of a headhunter whose recommendations in favor of Mungin included the statement that he was “a minority.” He was hired as a sixth-year associate in 1992, after which the firm was reduced in size from 42 attorneys to 14 in an exodus that included lawyers who had hired and mentored Mungin.  Business later dried up, especially in Mungin’s area of expertise, bankruptcy and restructuring, and in 1994 he left his job after he declined transfers to offices in cities where he did not wish to live. Although the EEOC did not take action on a claim filed by Mungin, he filed suit against his former employers (941 F.Supp. 153, 155 (D.D.C.1996)), and a jury found in his favor in several areas, concluding that the firm was guilty of race-based constructive discharge and racially discriminatory treatment with respect to compensation, work assignments, and partnership review. The jury awarded Mungin $1 million in compensatory damages and $1.5 million in punitive damages. The law firm appealed, and ultimately the United States Court of Appeals for the District of Columbia Circuit reversed the lower court’s judgment. Mungin lost his $2.5 million award, but the case is not instructive if viewed simply as an exoneration of the law firm—or a repudiation of the plaintiff. Regardless of its outcome, the legal action cost both parties significant time and money. Moreover, the public relations cost to the firm is difficult to quantify.  In addition to coverage in the press, a detailed look at the case appeared in the form of a book about Mungin and his time at the law firm.  The Good Black: A Story of Race in America was written by Paul Barrett, one of Mungin’s roomates at Harvard.  Mungin did not allege that overtly racist comments or gestures had been made.  Instead, he argued that procedures were not applied to him in the same way they were to white lawyers. Several aspects of the law firm’s hiring and review process came under fire during the trial, and Mungin’s allegations suggest ways to reduce the appearance of bias in the course of doing business. One issue the plaintiff brought up was performance reviews—or rather their infrequency. Mungin did not receive reviews or partnership consideration at key points when colleagues did, and this was enough evidence for a jury to find racial discrimination.  What reversed the judgment here according to the higher court was evidence that some white associates also received reviews on an inconsistent basis. This all points to the value of consistent application and thorough documentation of review procedures. Lapses and inconsistencies in the way reviews are carried out can clearly create the impression that racial bias was a factor in a partner candidate’s assessment. The higher court also disagreed that the firm’s offers to relocate Mungin constituted constructive discharge.  Here again similar—or more unfavorable—treatment of white employees led the court to find that Mungin had not been singled out by race.  Here Mungin had little in the way of specific acts to hail as evidence of termination, but in conjunction with the inconsistencies in reviews even the vague claims were enough to sway a jury. The larger context of Mungin’s employment is also worth considering.  During the two years he worked for the firm, it suffered significant turnover and was faced with the need to manage staffing at several geographically distant offices with widely differing practices. Periods of restructuring and/or turnover can challenge law firm managers, who may become so focused on survival that they may neglect seemingly less important aspects of their practices. Such periods can be frightening for individual attorneys as well, and management can benefit from making sure attorneys do not suffer from the sudden dissappearance of mentors or anomolous developments in performance review.  A management vacum can exacerbate the daily stress of legal work and potentially alienate employees. And later, any perceived management inconsistency could be viewed as an expression of bias of one sort or another. Religious Bias Freedom of religion is a founding principle of the United States, but guaranteeing that freedom is an ongoing labor. Bias involving religious views can take many forms. To take one example, in 2008 several Jewish attorneys filed religious discrimination lawsuits against attorney employers. An international law firm settled out of court with an attorney who was fired after two months of employment. The attorney complained that he had been forced to work on Saturday, the Jewish sabbath. (Federal laws prohibit employers from requiring employees to work on holy days.) While the attorney claimed religious bias was behind the termination, the law firm said quality of work was the issue.  Terms of the settlement were not disclosed, but the firm announced that it started providing diversity training in addition to a pre-existing anti-discrimination policy. Another attorney filed a $6 million suit against a firm he claimed discriminated against him because he is an orthodox Jew. While the parties both cite various complications relating to the situation, much of the impetus behind the suit comes from a firm partner’s statement that the attorney “was different.” The plaintiff interpreted this as a reference to practices inherent to the orthodox Jewish faith. Clearly, this situation testifies to the value of employing the utmost care and consideration in communicating with attorney employees. Employers are not allowed to ask interviewees about their religious beliefs. However, it is beneficial to communicate as clearly as possible about other issues at all stages of employment.  In both the cases mentioned above, claims of religious bias were lodged along with other claims that employers had not provided the type of work they had promised or had discriminated against the employee.  And while most law firms have an anti-discrimination policy in writing, members of the firm may not be familiar with the policy or prepared to apply its principles in practice. Quiz A written anti-discrimination policy is . . . . A.  In violation of certain sections of Title VII B.  One part of a larger anti-bias program C.  The only way to prevent bias suits by attorney employees D.  A way to preclude paying punitive damages in a bias suit According to a recent study, about ____ percent of law students are women: A.  30 B.  60 C.  45 D.  70 Forms of bias that may occur in law firms and elsewhere include: A.  Race B.  Religion C.  Sexual preferences D.  Age E.  All of the above According to the Supreme Court’s consideration of the Hishon case, law firm defendants were wrong in asserting that Title VII of the Civil Rights Act of 1974 can not be applied to: A.  Statements made at an associate’s first job interview B.  Computation of compensatory damages for attorneys C.  The process of advancing an associate to partner status D.  A bias suit filed against an international law firm based offshore A good way to help eliminate bias from law practices is to: A.  Have a written anti-discrimination policy B.  Clearly communicate policies and expectations to all employees C.  Provide professional diversity awareness training D.  All of the above Based on the outcome of the Mungin litigation, in a situation where a law firm is beset by problems with turnover and loss of revenue firm management could best avoid future bias claims by trying to: A.  Focus solely on ensuring the survival of the firm B.  Hire as many attorneys as quickly as possible to get more business C.  Make sure to continue treating employees fairly and consistently D.  Lay off as many attorneys and staff as possible to cut costs Although the decision awarding $2.5 million in damages to Lawrence Mungin was reversed, other costs to the defendant law firm could include: A.  Time spent on the case as opposed to billable work B.  Unquantifiable damage to reputation C.  Costs of hiring outside counsel for defense D.  All of the above About what percentage of law firm partners are women? A.  45 B.  30 C.  65 D.  15 Explicit statements reflecting overt bias, like disparaging comments on race or gender, are the only clear indication that an employer is acting on the basis of a bias. T ___ F ___ A law firm is most likely to alienate employees in a manner likely to instill fears of biased treatment by: A.  Delaying annual bonus payments for all attorneys B.  Asking for firm-wide input on choosing the location for a firm picnic C.  Applying performance review policies on an irregular and unexplained basis D.  Advising all personnel to review the firm’s anti-discrimination statement What percentage of practicing attorneys are women? A.  30 B.  40 C.  50 D.  60 When Elizabeth Anderson Hishon sued the law firm employing her, the relief she petitioned for included: A.  To be reinstated in her former position B.  Compensation in lieu of reinstatement and promotion to partnership C.  Reinstatement and promotion to partner level D.  Prison sentences for her former boss and managing partner About ___ percent of district and circuit court judges are women. A.  55 B.  33 C.  25 D.  15 Employers can require employees to work on religious sabbath days only if: A.  The workers receive overtime B.  The employer has never heard of the religion C.  All the employees belong to the same religion D.  None of the above A peremptory disqualification provides for: A.  Firing an associate without good cause B.  Bar Association inquiry into a law firm’s bias policies C.  A judge’s dismissal of an attorney from a case D.  The removal of an assigned judge before trial without specification of cause From 1975 to 2002, the percentage of Hispanic attorneys in the general attorney population: A.  Fell from 3.9 percent to 2.5 percent B.  Grew from 0.7 percent to 2.9 percent C.  Grew from 1.7 percent to 3.3 percent D.  Remained almost the same Incurring allegations of religious bias in the workplace is least likely to result from: A.  Hiring only people of the managing partner’s religion B.  Reviewing performance based on the extent of an associate’s adherence to his/her religious beliefs C.  Accomodating employees’ religious beliefs by allowing them to stay home on their days of religious observance D.  Making employees feel comfortable by employing good-natured jokes about their religious beliefs The language of Title VII of the Civil Rights Act of 1974 as expressed in 42 U.S.C. Section 2000e-2(a) is ____________ to the language of California’s California Rule of Professional Conduct 2-400 A.  Very loosely based on B.  Virtually identical C.  A simpler, layman’s version of D.  Totally unrelated to Failing to review an associate’s performance on a regular basis . . . A.  Proves that management was biased B.  Does not speak to the issue of management bias C.  Might later be construed as the result of bias on the employer’s part D.  Is likely to make the associate feel valued as an employee :   Return to the list of our services