As ABI President Hon. Barbara Houser has shared, ABI is committed to diversity and inclusion. In 2018, ABI formed a Diversity and Inclusion Working Group to address issues with diversity, including racial diversity, within ABI, its leadership and our industry. In connection with these efforts, ABI recently hosted a program on January 21, 2021, titled “Diversity in Insolvency: Putting Inclusive Ideas into Practice,” which highlighted the many reasons why diversity and inclusion are important in our legal community. As the panelists explained, diversity and inclusion in the workplace lead to improved results and boost a business’s bottom line. The Ethics and Professional Compensation Committee wanted to take this moment to note that embracing diversity and promoting inclusion are also important components of fulfilling a lawyer’s ethical and professional responsibilities.
Each state has its own guiding principles and rules of professional conduct that underscore an attorney’s obligation to avoid discriminating against others. In Georgia, for example, the Aspirational Statement on Professionalism states, “As a lawyer, I will aspire: (c) To avoid all forms of wrongful discrimination in all of my activities including discrimination on the basis of race, religion, sex, age, handicap, veteran status, or national origin. The social goals of equality and fairness will be personal goals for me.” In 2016, the American Bar Association, the largest voluntary association of lawyers in the world, passed Model Rule 8.4(g) into its Model Rules of Professional Conduct to eliminate bias in the profession. The rule declares it misconduct for a lawyer to harass or discriminate based on race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status. The rule, which has been adopted by some states, extends to lawyers’ conduct outside of the courtroom. Some states have mandatory diversity and inclusion CLE requirements, and firms may also require diversity and inclusion training or give billable credit for diversity-related activities.
Lawyers also have ethical duties to supervise junior lawyers and help the next generation of practitioners by creating a supportive relationship through mentoring. Not only is mentoring a necessary part of fulfilling an attorney’s ethical duties, it can also be integral to the success of diversity and inclusion programs and ensure that all practitioners can best position themselves to progress in their careers.
The past year has presented many challenges, but it has also presented an immense opportunity to support diversity and inclusion in real and meaningful ways. As we have noted here, doing so can lead to better outcomes and higher revenues. It is also the ethical and professional thing to do.