Filling the Legal Gaps with Diversity

By Ashley M. Arellano, Monterey College of Law (2L)

A diverse and inclusive bar is essential to equality, justice, and the rule of law. America’s legal system is built to serve every American—regardless of race, gender, socio‑economic background, culture, or tradition. In order to be able to help and serve any American, lawyers and judges themselves must reflect that diversity. Without diversity, justice becomes biased and tainted. Diverse legal professionals contribute lived experiences that build trust, empathy, and fairness to the justice system.

Mendez v. Westminister School Dist. (S.D.Cal. 1946) 64 F.Supp. 544., was a landmark case in California where Sylvia Mendez’s father, Gonzalo Mendez, fought to end the segregation of Mexican-American children in public schools. The court in their opinion wrote, “[Spanish-speaking children] learning English by lack of exposure to its use because of segregation, and that commingling of the entire student body instills and develops a common cultural attitude among the school children which is imperative for the perpetuation of American institutions and ideals.” (Mendez v. Westminster, supra, at p. 549.) Here, in the Mendez case, the ideology of diversity was used to promote equality in schools. This comes to show that even the courts from the mid-1950’s acknowledged and recognized that there are substantial benefits to people when they collaborate and are assigned to people who come from different backgrounds.

In 1946, Morris v. Williams (8th Cir. 1945) 149 F.2d 703, was a case about a teacher of color named Susie Marris from Little Rock, Arkansas. Here, the issue was related to the difference in salaries from white teachers and black teachers. (Morris v. Williams, supra, at p.

704.) The court analyzed the factors the Little Rock Special District argued they used to establish salary for teachers and ultimately came to the conclusion that the approach on salary calculation was discriminatory and a violation of the 14th Amendment. (Morris v. Williams, supra, at p. 708, 709.) Rulings similar to Morris that promote equality are foundational to a diverse legal system.

Both Mendez and Morris are excellent examples of how a diverse bar can encourage people from marginalized groups to advocate for themselves. These cases highlight that when the legal profession includes individuals who share the backgrounds and experiences of the communities they serve, it not only strengthens trust in the justice system but also gives those communities the confidence to advocate for themselves. A diverse bar creates a legal culture where marginalized voices are heard, validated, and defended under the rule of law.

According to the ABA Profile of the Legal Profession report, 23% of lawyers in the United States are of color (“New Report Spotlights Rise of Women in the Law”). The American Bar Association also reports in Profile of the Legal Profession, that judges of color now make up roughly 26% of the federal bench (“Judges: 2024 ABA Profile of the Legal Profession”). This data shows that, despite decades of historical progress in representation, the legal profession still does not reflect the racial and ethnic diversity the legal system, including the bar, needs. The current underrepresentation in the bar could lead to real consequences for access to justice, cultural understanding in the courtroom, and the public’s trust in the legal system. When the majority of lawyers and judges come from the same demographic background, it creates narrowness in the interpretation and application of law, especially in the cases involving race, immigration, or systemic inequality. Increasing diversity in the bar is therefore not just about fairness within the profession; it is a critical step toward ensuring that the justice system itself operates equitably and upholds the rule of law for every American.

According to Harvard Business School Online, DEI initiatives play a crucial role in fostering a positive organizational culture by boosting morale, promoting ethics, and stimulating innovation (“DEI: What It Is & How to Champion It in the Workplace”). Within the legal profession, these same principles are relevant and applicable. A diverse and inclusive bar can create an environment where lawyers from different backgrounds feel empowered to bring their perspectives on the job, which can formulate ethical decision-making and innovative approaches to complex legal issues. By exercising and promoting DEI, law firms, courts, and bar associations cultivate a culture of diverse society where they can serve and ensure that clients from all demographics can see themselves reflected in the legal system and trust it to advocate for their rights.

I am a first generation Latina law student that was raised in Lamont, California, a small agricultural town with a large Latino and immigrant population. Growing up in a community where many families worked hard in the fields and faced language and economic barriers, I saw firsthand how access to education and legal resources could change lives. I was a part of a DEI program called the Academic Achievement Program (AAP) at the University of California Los Angeles. This program helped me by not only providing academic guidance but it also connected me with other first-generation and underrepresented students who understood the unique challenges I faced. I was able to connect and find peers who shared similar stories of balancing cultural expectations, financial struggles, and the ambition of pursuing higher education. That sense of community made me see the value of representation and support systems in promoting success in any professional or academic field. I am a firm believer that intentional diversity and inclusion programs can open doors for students like me, and I believe that being part of a more diverse and equitable legal profession can keep a progressive momentum and allow me to use my experiences to help other people.

It matters when someone who understands the community values stands before a court or client. Individuals from historically marginalized groups can feel seen and heard by having someone in law be able to understand their needs. They are more likely to trust the system when those representing them share similar life experiences. Justice is not only about legal rules; it’s also about who interprets them and ensures they are applied equitably. This is why filling the legal gaps with diversity is so vital. A diverse and inclusive bar bridges the disconnect between the law as it exists in legislation, and the law as it is experienced by millions of Americans. By bringing in lawyers and judges from a wide range of cultural, racial, and socioeconomic backgrounds, we fill those gaps and build a legal system that is a representation of the people it serves. True equality and justice are only possible when the bar itself embodies the diversity of the nation, ensuring that every community has a voice in shaping and upholding the rule of law.

Website Sources

American Bar Association. New Report Spotlights Rise of Women in the Law: 2024 ABA Profile of the Legal Profession. American Bar Association, 18 Nov. 2024, https://www.americanbar.org/news/abanews/aba-news-archives/2024/11/profile-report-spotlights-rise-women-lawyers/.

American Bar Association. Judges: 2024 ABA Profile of the Legal Profession. American Bar Association, 18 Nov. 2024, https://www.americanbar.org/news/profile-legal-profession/judges/.

Harvard Business School Online. “DEI: What It Is & How to Champion It in the Workplace.” HBS Online Blog, 3 Oct. 2023, https://online.hbs.edu/blog/post/what-is-dei.