Breaking Barriers to Justice
implicit. Psychologist Daniel Kahneman’s research in Thinking, Fast and Slow explains why. Humans rely on two systems of thought. System 1 is fast, intuitive, and automatic. It allows us to make quick judgments and navigate the world efficiently. System 2 is slower, analytical, and deliberate. Kahneman explains that we must develop habits of slowing down and questioning our automatic reactions because quick judgments can be shaped by assumptions and incomplete information.
matters. Humility does not require perfection. It requires awareness.
Cultural Humility Is the Answer
Increasingly, scholars argue that “cultural competence” alone is not sufficient to create a more just world. The more useful concept may be cultural humility. Psychiatrist Dorothy E. Stubbe has written extensively on this topic. In her article, “Practicing Cultural Competence and Cultural Humility in the Care of Diverse Patients,” which was published in Focus: Journal of Life-Long Learning in Psychology (2020), she describes cultural humility as an ongoing process of self-reflection requiring professionals to examine their own assumptions while remaining genuinely open to the lived experiences of others. Unlike competence, humility does not assume mastery. It recognizes complexity. No attorney can fully understand every culture or experience, but every attorney can approach clients with curiosity and respect rather than assumption. For trial lawyers, this distinction is critical.
This matters in law because lawyers, like everyone else, rely on mental shortcuts.
In Blindspot: Hidden Biases of Good People , researchers Mahzarin Banaji and Anthony Greenwald explain that implicit biases influence perception and judgment even among people who genuinely believe they are fair-minded. The problem is not that people intend to discriminate. The problem is that people can carry assumptions they do not recognize. Sociologist Robin DiAngelo further explored the subject in her book, White Fragility: Why It’s So Hard for White People to Talk About Racism (2018). She writes, “The simplistic idea that racism is limited to individual intentional acts committed by unkind people is at the root of virtually all white defensiveness on this topic.” DiAngelo argues that even people who believe they are helping may be perpetuating harm against individuals and society. The legal profession is not immune. Research by Jerry Kang and his colleagues in “Implicit Bias in the Courtroom” explains that unconscious bias can affect witness credibility assessments, settlement evaluations, jury decisions, discretionary rulings, and attorney strategy. A lawyer’s belief that they are unbiased does not eliminate bias. Sometimes it makes bias harder to detect. That is why cultural humility
What Cultural Humility Looks Like in Practice
If a firm markets to Spanish-speaking clients, meaningful accessibility requires more than a translated intake form or a bilingual slogan. Trauma informed interactions: Lawyers should encourage trauma-informed client interactions at every level. This entails patience, not rushing through interactions, allowing for pauses and avoiding rapid- fire questions without context. It requires explaining why sensitive questions must be asked, and explaining in detail the concept of confidentiality and the sanctity of the attorney-client relationship to mitigate possible fears around the system and build a
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Consumer Attorneys of California
FORUM July/August 2026
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