Using & Abusing Cognitive Biases in Law - Part 1 | CPDonline.ca

Using and Abusing Cognitive Biases in Law - Part 1

Using and Abusing Cognitive Biases in Law - Part 1

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Credits
Professionalism (Ethics, etc.): 1.0
Published
2016
Presenter(s)
Yola Grant
Donald McLeod
Faye E. McWatt
Source
Toronto Lawyers Association (TLA)
Provider
CPDOnline.ca
Language
English
Length
65 minutes
Price
$119.00 plus tax
6th Annual Current Topics in Ethics & Professionalism

The practice of law is rife with biases. From the instant credibility placed on authority figures to a myopic theory of liability, no one is immune from the subtle influences that exist all around us. You will also hear from experienced lawyers and judges on how they persuade, negotiate and decide in light of cognitive biases.

In this thought-provoking program, you will satisfy your annual Professionalism Hours and:

  1. Learn how the mind makes snap judgments, is filled with preferences for short cuts and can be influenced by ordinary factors.
  2. Hear from a panel of judges on the ethics of using cognitive techniques in the courtroom.
  3. Discover what advocacy tools are effective and questionable from a panel of battle-tested lawyers.
  4. Grant, McLeod and McWatt – Duty to act in good faith; Obligations when making public appearances; Duty to report lawyer misconduct; Duties related to advocacy in the courtroom; Managing client expectations re fees; Refraining from sharp practice.

(15 minutes/judge = 60 minutes)

  1. What advocacy techniques persuade you as a judge, including the use of media/public statements? (7.5 minutes)
  2. What conduct by lawyers/advocates adversely impacts your decision- making or just irritates you, including disclosure obligations and misleading the Court?
  3. What are the best practices (including managing client expectations re fees) that lawyers should be doing in the courtroom that they are currently not doing? (7.5 minutes)
  4. What are unethical or borderline ways you have seen lawyers try to persuade judges and juries, and when should these be reported to the Law Society? (7.5 minutes)
  5. (Similarity bias) Do you find yourself looking at a lawyer's position more favourably if they are well dressed, speak the way you speak, look the way you look, are your age, etc? What do you do to see through to the argument? (7.5 minutes)
  6. (Anchoring bias) There is a perception judges "come down the middle". How do you protect yourself from anchoring bias, such as when one side asks for the moon but is really hoping you'll "come down the middle"? (7.5 minutes)

 

 

Presenters

Yola Grant

The Honourable Justice Donald McLeod

Donald F. McLeod, Co-Chair (Founding Partner, The McLeod Group, Barristers and Solicitors) has been an accomplished litigator for over a decade with a keen interest in community and social justice issues. The McLeod Group had a well-known and respected reputation as one of the leading boutique criminal, administrative and human rights firms in Toronto.

Donald McLeod has argued cases such as R v. Golden successfully in the Supreme Court of Canada in 1999 intervening for the African Canadian Legal Clinic. In 2009, the case of R v. Douse was a landmark case, which revolutionized the traditionally used racial vetting process to now take into consideration non-conscious racism. In 2005, McLeod argued R v. Hamilton and Mason in the Ontario Court of Appeal.

October 2, 2014 marked a new chapter as Justice Donald McLeod was appointed to the Ontario Court of Justice, a confirmation that he is doing good work.

Donald remains very active in the community as well as conducting seminars to various legal conferences and community meetings. Notable seminars included a presentation with Paul Burstein to the Federal Crown’s office with respect to Gladue court and section 718 ccc (sentencing applications); presented with Madame Justice Feldman (Ontario Court of Appeal) at the Provincial Judges Conference in London, Ontario with respect to Sections 8, 9, 10(b) of the Canadian Charter of Rights and Freedoms; and a guest lecturer at Queen’s University Law School in Criminal Advocacy.

The Honourable Faye E. McWatt Associate Chief Justice

  • Born in Guyana, S.A. and immigrated to Canada with family at age 6 years..
  • Grew up in North York in Toronto
  • Attended University of Western Ontario for English/History double major Hon. Bachelor’s Degree
  • Attended University of Ottawa for Masters in Criminology
  • Attended University of Ottawa for Law Degree and graduated in 1984.
  • Articles at Crown Law Office Criminal at 18 King St., East (as it then was).
  • Assistant Crown Attorney at Etobicoke Office – 1986 – 1989
  • Criminal Defence Bar from 1989 – 2000 ( Also worked during this time as contract Federal Prosecutor for Narcotics offences)
  • Appointed to the Superior Court in June 2000
  • Appointed ACJ in December 2020
  • Participated in Federal and Provincial Commissions of Inquiry
  • Worked as a jail guard through Bar Ads to support my self
  • Worked as classification officer in TEDC
  • Presided over Criminal and Family cases predominantly while sitting on the Superior Court. Also sat in civil court.

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