Florida Bar Set to Overhaul Diversity and Inclusion Policies

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The Florida Bar is preparing to make significant changes to its longstanding commitment to diversity and inclusion within the legal profession. The proposed overhaul, which eliminates references to these terms, comes amid increasing pressure from the state’s Supreme Court to shift its focus to broader issues of “the quality of legal services.”

Supreme Court Pressure Spurs Policy Shift

In January, the Supreme Court of Florida mandated that the Florida Bar remove funding for diversity and inclusion initiatives from its budget. This directive has catalyzed the Bar’s move to revise its board policy. The proposed policy, titled “Improvement of the Quality of Legal Services,” reflects a more generalized commitment to fostering “equal access and opportunity for all” without explicitly addressing diversity or inclusion.

The Florida Bar’s Board of Governors is expected to review the revised policy during its upcoming meeting. When approached for comments, a Bar spokesperson declined to provide additional details regarding the proposal.

  

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A Shift Away From Diversity and Inclusion

The current policy of the Florida Bar emphasizes a commitment to enhancing diversity and inclusion across the legal profession, legal education, and the justice system. It aims to create an environment that values and promotes inclusivity. However, the new proposal removes such language, signaling a departure from these objectives in favor of a broader focus on service quality.

This shift follows ongoing tension between the Florida Bar and the state Supreme Court, which has previously intervened to curtail diversity efforts. In 2021, the Court blocked a policy requiring continuing legal education (CLE) programs to feature at least one speaker from an underrepresented demographic when there were three or more presenters.

Broader Implications for Florida’s Legal Community

Florida boasts the fourth-largest population of lawyers in the United States, with over 80,000 attorneys. Any policy changes by the Florida Bar, which governs these practitioners, could have far-reaching effects. While board policies do not impose rules on individual members, they play a significant role in shaping the Bar’s operations and priorities.

In addition to mandating the removal of funding for diversity initiatives, the Supreme Court earlier this year instructed the Florida Bar to treat all members impartially and disband its diversity and inclusion committee. Furthermore, in February, the Court removed “bias elimination” from the list of ethics topics eligible for CLE credit. Judges were also prohibited from earning CLE credit for courses on fairness and diversity.

Anti-DEI Efforts in the Legal Profession

Florida’s developments mirror a growing trend across the legal profession to curtail diversity, equity, and inclusion (DEI) initiatives. In August, the American Bar Association (ABA) proposed removing the terms “race and ethnicity” from its law school diversity standards in response to the U.S. Supreme Court’s 2023 ruling that bars race-based admissions decisions. Critics argued that the ABA’s proposal extended beyond the Court’s ruling, which permits applicants to discuss race in personal statements.

Following backlash, the ABA restored the terms “race and ethnicity” to the standards in November. The revised policy remains under review.

Looking Ahead

The Florida Bar’s decision to potentially abandon its explicit diversity and inclusion goals highlights the shifting dynamics of DEI efforts within the legal profession. While proponents of the changes argue for a more neutral approach to member engagement, critics warn that these moves could erode hard-fought progress toward equity and representation in law. As Florida continues to navigate this contentious issue, the outcome of the Board of Governors’ meeting will likely set the tone for the future of diversity policies within the state’s legal community.