Diversity and Inclusion.

• Author: Fiallo, Robert
• Position: Letters - Letter to the editor

I read the article by Yasir Billoo on "Implicit Bias and Its Application in the Life of a Lawyer" (March/April). I am not certain if this piece is a scholarly article meant to inform Florida lawyers, or if it is an op/ed intended to give the writer's opinion. It seems to have characteristics of both, but fails at being either one.

Strikingly, it begins with the writer's personal experience related to some litigation he was involved in. His implicit bias lead him to believe that witnesses (or some other individuals) were not being truthful because they would not look him directly in the eye when speaking with him. Subsequently learning that the lack of eye contact was a cultural trait, and not a sign of deception, his assumption about the incident had to be implicit bias on his part. If this is the author's assessment of the incident, be that as it may. What lawyer would base the credibility of a statement solely on whether the person looked them in the eye? Maybe a factor to be considered, but not definitive. Any attorney who has ever interviewed a victim of sexual battery/ assault, is readily cognizant that talking about or being questioned about such an incident may lead the person to avoid eye contact. There are many examples that most of us could think of. To classify this as implicit bias on the part of the interviewing attorney if it was considered an indicator of deception, is a stretch.

The article does have some information regarding the Harvard Implicit Association Test, but in reality, rubber stamps it with no critical analysis. Since the test was devised, there are numerous studies that have concluded that its results are subject to many variables, and its accuracy rate significantly questioned. It is simply not as good as first claimed at uncovering "implicit bias." These subsequent studies by practitioners in the field are too numerous to mention here, but readily available online. It is certainly not a definitive "bright-line" test as the article implies.

If the article is a piece that gives the writer's personal opinion, then it stands on its own. As lawyers, we can have whatever opinion we want, on anything. If the article is intended to provide Florida lawyers with information regarding a scientific study in an area of psychology that impacts legal decisions, the Journal has the responsibility to accept and publish articles that forward material that informs and discloses everything related to the topic. Even more so when...