by Mei Tsang

The OCBA, established in 1901, has a rich history deeply intertwined with the legal landscape of Orange County. As the legal profession evolved over the years, so did the OCBA’s role in shaping its character and priorities. As the world progressed and social justice became a central focus, the need for a more diverse and inclusive legal community became increasingly apparent. Here is a look back at the different stages of the Diversity Equity and Inclusion (DEI) Committee and, for the purpose of this article, we are reviewing 1990 onwards.

The OCBA’s early efforts to address diversity can be traced back to the early 1990s when a growing number of attorneys realized that the OCBA community needed more representation of different groups of attorneys and that there ought to be a support system for those attorneys. Attorney Richard (Rick) McNeil along with attorney Peter Zeughauser, who was the General Counsel of The Irvine Company in the 1990s, hosted weekly meetings for close to a decade, with the enthusiastic assistance of others such as David Fields, Michael Ermer, and Kyhm Penfil. During these meetings, community stakeholders discussed ideas that have become firmly-established in the diversity lexicon of today, but, as of then, were not yet fully understood (and were largely unnamed), such as transracial identity, imposter syndrome, and cis-normativity.

Around the same time, the OCBA started working with what now has become the Hispanic Bar Association and the Thurgood Marshall Bar Association with prominent figures such as Judge Frederick Aguirre (Ret.) and Judge Francisco Firmat to tackle issues faced by specific groups of minorities in the Orange County legal community.

One of the pivotal moments in the OCBA’s path to inclusivity was the establishment of the Gender Equity Committee. In the early 1990’s, the legal profession was still grappling with issues of gender inequality, particularly the underrepresentation of women in leadership positions. Michelle Reinglass, then President of the OCBA and only the second woman President in the OCBA history at that time, recognized that while women were increasingly joining the profession, they encountered many hurdles on the road to advancement. So Michelle launched the Gender Equity Committee with Justice Sheila Sonenshine and attorney Marjorie Fuller, both advocates for women’s rights, as co-chairs. The Gender Equity Committee made rapid progress, involving approximately 30-40 judges and lawyers in their efforts. They established a hotline for complaints about harassment or discrimination, drafted booklets with instructions on handling such complaints, and conducted numerous programs on gender equity. Their initiatives extended to training programs for courts, public defenders, district attorney offices, and county counsel.

The OCBA quickly recognized the need to expand the Gender Equity Committee to include race and ethnicity. This was a significant turning point that laid the foundation for the future Diversity, Equity, and Inclusion (or, DEI) Committee. Around this time, the Diversity Task Force was headed by Richard McNeil and Kyhm Penfil.

In addition, Affiliate Bars in Orange County like the Hispanic Bar Association, the Thurgood Marshall Bar Association, and the Orange County Asian American Bar Association, among many others, have been making significant strides in championing diversity, equity, and inclusion, creating a more representative and inclusive legal profession. The OCBA acknowledges the importance of being the umbrella bar in order to foster an environment of collaboration and support among Affiliates. Hence the OCBA established an Affiliate Bars program that further expanded the influence and representation of these groups within the OCBA’s framework.

Then, in 2018, then President Nikki Miliband officially turned the (termporary) Diversity Task Force into a (longstanding) Diversity Committee. In 2020, then President Scott Garner established the Racial Justice Task Force to specifically address the experiences of Black lawyers and students in the wake of George Floyd’s murder. Over the next few years, the Racial Justice Task Force rolled into the Diversity Committee to allow the issues to be further addressed. The Committee’s renaming to include the words “Inclusion” and “Equity” signifies an evolution that aligns with the modern comprehensive approach to address diversity and promote fairness and belonging within organizations.

This “newer” version of the DEI committee is dedicated to expanding its efforts, achieving greater impact, and fostering an environment of inclusivity and equal opportunity for all members of our legal community. The committee expanded its reach by deepening its collaboration with other bar groups, forming strategic partnerships to advocate for a more inclusive legal community. The number of programs the DEI committee creates and supports has increased significantly. For example, the annual Summer Social for DEI is now an established event in the Orange County legal calendar where all are encouraged to attend, but in particular summer associates and students who can see that the greater legal community welcomes them and mirrors them. The committee now focuses on more specific, nuanced topics. This shift allows its members to address issues more comprehensively and tailor solutions to the unique challenges faced by different communities within the legal profession.

There are great benefits of being on the DEI Committee. Michael Ermer, a long-time OCBA DEI committee member, shares his perspective as an older, white, straight male. He finds inspiration in the idealism and practicality of the committee’s diverse members. His experience on the committee has reinforced his belief that “DEI is not just a good thing—it’s a cool thing.”

The DEI Committee now has almost 100 members. It is open to everyone. We invite you to join. You will get a sense of camaraderie and energy that permeates our every meeting. The committee has fostered an environment where individuals with varying backgrounds and perspectives can openly share their viewpoints, creating a positive atmosphere for meaningful discussions. No matter who you are, you will leave feeling a bit hopeful and helpful.

In all, the OCBA’s DEI Committee stands as a symbol of progress and transformation. It represents the collective effort of our OCBA leaders, our judicial officers, our affiliate bar leaders, and members who have lived in the trenches for decades, dedicating themselves to making the legal profession more inclusive and representative of the diverse Orange County community. No doubt, the Committee will continue to evolve, but we can count on members’ passion remaining the same. Like the broader Orange County legal community’s history, the continued progress of the DEI Committee will reflect a journey marked by evolution, perseverance, and a commitment to a brighter and more inclusive future.

Mei Tsang is an intellectual property partner at Umberg/Zipser LLP and is also OCBA Treasurer. She can be reached at mtsang@umbergzipser.com.