By Sunitha Anjilvel
Greetings from your Bar president! I’m excited about a number of initiatives and activities at the Bar. We have just launched a new task force on legal technology and AI.1 We are also sharpening our focus on crisis-level shortages of legal services across Washington and planning a study to assess the mental health and well-being of our members. In July, we held our Board of Governors meeting for the first time on Tribal lands, in Nespelem. We met with representatives from the twelve Confederated Tribes of Colville, and we were honored to hear from a distinguished panel that included practitioners of Indian law, Colville Tribal Court Judge Sophie Nomee, and Washington Supreme Court Justice Raquel Montoya-Lewis. We learned about the challenges of having Indian law recognized and respected alongside state law.
We are looking forward to continued dialogue with our colleagues who hold Tribal status, judges, and wider legal communities across the state.
We have also just completed a demographic study of our membership that will inform a new strategic plan that will serve as a positive blueprint for efforts in promoting and increasing representation and belonging in the legal profession.
As the first female South Asian bar president in the country and only the sixth female bar president in Washington state since the Bar’s inception, I know that representation matters for multiple reasons, including because it serves to challenge biases that plague our legal system. Bias prevents fair outcomes in the legal process. Bias hinders the proper execution of the rule of law. The issue of addressing bias has become an unfortunate bone of contention for some who consider it to be a partisan issue. I would argue that a plan of action to confront and remedy bias is neither political nor social, and that it is in fact entirely germane to the administration of justice, the provision of legal services, and the betterment of the legal profession as a whole.
Consider the landmark call to action issued by the Washington Supreme Court in its 2020 open letter addressing racial injustice in the wake of the murder of George Floyd.2 The call urged every legal professional in this state to reflect on how we might work to eradicate systemic bias that has long been embedded in the profession. This was not an ideological or sociopolitical plea—it was a practical acknowledgment that a profession founded on the rule of law has an obligation to confront and mitigate, if not dismantle, barriers to equitable access to that law.
Belonging
In my personal experience as a woman of color who has practiced law since 1990 in courts in rural Canada as well as multiple jurisdictions in the U.S., I became used to being an outlier, to being the “first” or the “only.” Demographics have changed, however, and the legal landscape is in the process of changing as well, which is a good thing. But change has been too slow. The findings of the WSBA’s recent demographic study demonstrate that the legal profession in Washington still does not reflect the diversity of our broader populace. More importantly, even after entering the profession, many individuals from underrepresented groups continue to face bias, exclusion, and marginalization. These findings demonstrate a need to focus not just on recruitment, but also retention and advancement, to ensure that diverse voices are authentically represented in the legal profession at all levels. This work is not about enforcing quotas, nor is it about giving undue advantages to one group or taking something away from the majority. It’s about ensuring that everyone has a fair opportunity to succeed in a profession that is reflective of the society it serves. Appreciating and promoting a sense of belonging in the legal profession across different backgrounds, gender identities, and cultures creates a profession that is not only more equitable but also more effective.
Equity
A common misconception about the concept of equity is that it is the same as equality. While equality is about treating everyone the same, equity goes further by acknowledging that we do not all start from the same place, and fairness requires us to respect that fact. True equity requires us to understand the unique challenges marginalized and underrepresented communities face and to work proactively to level the playing field.
The Benefits of Inclusion
Inclusive perspectives lead to richer, more nuanced discussions and, ultimately, more just outcomes. An inclusive bench and bar bring an array of life experiences to the table, resulting in decisions that more accurately reflect the realities of the communities we serve.
If our legal profession is going to fulfill the promise of “justice for all,” we must recognize the realities of distinct communities, identities, and voices. The benefits here are not abstract; they are tangible. Embracing diversity actually strengthens the rule of law. Diverse panels, like diverse corporate boardrooms, are more likely to engage in robust debate, consider a wide array of perspectives, and come to more nuanced and thorough decisions. Stay tuned for a rollout of our Equity and Justice Plan in early 2025!
Learn More > Find the draft Equity and Justice Plan and share your input in a short survey at www.wsba.org/equity-and-justice-plan. Send comments to diversity@wsba.org.
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SIDEBAR
WSBA Legal Technology Task Force Update
The task force, led by Jenny Durkan, was created in response to the Board of Governors’ recognition in November 2023 of the transformative impact of technology, particularly artificial intelligence, on the legal profession. The 15-month task force is charged with assessing the legal technology landscape, identifying both threats and opportunities, and making recommendations that promote the ethical and effective use of technology while enhancing equitable access to justice. To achieve these objectives, the task force divided its work into four areas:
- Key emerging technologies
- Impacts on practice, access to justice, and consumer protection
- Impact on courts, court rules, and procedures
- Education and ethics
In August, the chair appointed 11 new ad hoc members to support the work groups. In October, a survey was sent to 10,000 members to gather input on technology adoption and challenges. This feedback will help shape priorities and resources in the final recommendations. The task force will update the Member Engagement Council in November 2024 and the Board of Governors in January 2025. For questions, please contact Kevin Plachy (kevinp@wsba.org) or Margeaux Green (margeauxg@wsba.org).
About the author
Sunitha Anjilvel is the 2024-2025 WSBA president.
NOTES
1. More information about the WSBA’s Legal Technology Task Force can be found at: www.wsba.org/connect-serve/committees-boards-other-groups/legal-technology-task-force.
2. The letter can be found at: www.courts.wa.gov/content/publicUpload/Supreme%20Court%20News/Judiciary%20Legal%20Community%20SIGNED%20060420.pdf.
This article is reprinted from the November, 2024 issue of Washington State Bar News with the permission of the Washington State Bar Association. Any other use of this material without the express written permission of the Washington State Bar Association is prohibited.