The Florida Attorney General’s Office has issued a policy memorandum declaring that it will no longer engage or approve the engagement of private law firms that have or continue to participate in diversity, equity, and inclusion (DEI) or environmental, social, and governance (ESG) initiatives. Read AG Attacks Law Firms.
- The memorandum, signed by Florida Attorney General James Uthmeier, characterizes these programs as “unlawful, discriminatory programs” that “intentionally discriminate on prohibited bases under the cover of anodyne phrasing.”
Background: The core argument in the memorandum is that DEI and ESG programs constitute illegal discrimination. According to the Attorney General, such programs “flout” the “bedrock principles” of equal justice under law. The memorandum states that “Floridians’ hard-earned tax dollars” should not be spent on these programs, which it describes as promoting “illegal and inappropriate corporate policies.”
Specific Targets
The policy identifies explicitly several DEI practices that will create a “disqualifying presumption” for law firms seeking state work:
- Mansfield Certification
- Minority Corporate Counsel Association Scorecard participation
- Diversity targets in hiring, promotion, and contracting
- Diversity fellowships
- Diversity mentorship programs
- DEI-focused websites
- Workplace DEI trainings
The memorandum claims these programs discriminate on the basis of race, gender, and sexual orientation.
Similarly, the memorandum targets law firms that have “historically promoted or engaged in the illegal and immoral social engineering under the ‘ESG’ brand.” Programs specifically mentioned include:
- NetZero Lawyers Alliance membership
- Legal Charter 1.5 participation
- Maintaining NetZero practice groups that promote ESG to clients
The Attorney General argues that ESG commitments “place external policy goals above the objectives of their clients,” creating a conflict of interest when representing the state.
- The memorandum specifically addresses the argument that some law firms participate in DEI or ESG programs because corporate clients demand it. It references policies from companies like Hewlett-Packard and Microsoft that require or incentivize diversity in their outside counsel. The Attorney General dismisses this justification, stating: “illegal, unethical, and inappropriate actions do not become legal, ethical, and appropriate merely because a client requests them.”
What Happens Next
The Florida Attorney General’s Office will immediately begin reviewing existing outside counsel engagements to assess compliance with this new policy. Going forward, the office will not approve engagements with law firms it deems non-compliant.
Why now?
Attorney General Uthmeier needs to change the narrative from his alleged money-laundering scheme to the right-wing “red meat issue” of DEI. It represents a significant escalation in the ongoing debate about the role and legality of diversity initiatives in the legal profession, potentially affecting how major law firms operate if they wish to continue receiving work from the State of Florida.
- The memorandum concludes with a definitive statement: “For the State of Florida, it ends now.”