How Implicit Bias Leads to Ethical Violations and Drives Out Diversity in the Practice of Law (2025 Edition)

Danny M. Howell
Danny M. Howell | Howell & Rowlett PLLC

Danny Howell has been representing attorneys in professional liability suits, bar investigations and complaints, and disbarment actions before the federal courts and the United States Patent & Trademark Office, for 30 years. Danny also has an extensive insurance coverage practice in the areas of professional liability and commercial general liability insurance.

On-Demand: February 19, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

The legal profession remains one of the least diverse industries in the United States, particularly in leadership roles. Firm leadership is disproportionately composed of white men, with significantly lower representation of white women, as well as racial, LGBTQ+, and disability minorities across all gender identities. While the associate level of law firms reflects greater diversity, representation declines sharply at the senior associate, income partner, and equity partner levels. This decline suggests a structural "weeding out" process, often driven by unconscious bias, which undermines long-term diversity within the profession.

Unconscious bias not only impedes diversity efforts, it creates significant risks for law firms in terms of potential ethics violations and civil liability.

This program examines three ways unconscious bias can lead to bad lawyering: (1) how unconscious bias can foster violations of ethical duties of competence, communication and diligence; (2) how the lack of training and policies on unconscious bias can become a basis for violations of ethical duties of supervision; and (3) how unconscious bias can manifest itself in conduct that is most frequently the basis for bar complaints and malpractice suits. The course includes analysis and discussion of bias training that has been demonstrated through research to be effective at reducing the negative impact of unconscious bias on conduct and decision-making.

The course also looks at how law firms can change the way they hire, manage, and promote attorneys in order to maintain a culture of inclusion that promotes true and lasting diversity.

This course is co-sponsored with myLawCLE. 

Key topics to be discussed:

  • How Unconscious Bias Can Lead to Violations of Attorneys’ Duties of Competence, Communication and Diligence
  • How Unconscious Bias Can Increase Firms’ Risks of Malpractice Suits
  • How Unconscious Bias Helps Drive Out Diversity in the Legal Profession
  • Bias Training That Really Works

Closed-captioning available

Speakers

Danny-M.-Howell_Law-Offices-of-Danny-M.-Howell,-PLLC_FedBarDanny M. Howell | Howell & Rowlett PLLC

Danny Howell has been representing attorneys in professional liability suits, bar investigations and complaints, and disbarment actions before the federal courts and the United States Patent & Trademark Office, for 30 years. Danny also has an extensive insurance coverage practice in the areas of professional liability and commercial general liability insurance. He has lectured and published extensively on legal ethics and insurance topics.

Danny is admitted to practice and has practiced extensively in the state courts in Virginia, Maryland, and the District of Columbia, the United States Courts of Appeals for the Fourth, Sixth, and Federal Circuits, the United States District Courts for the Eastern and Western Districts of Virginia, the District of Columbia, and Maryland, and the United States Bankruptcy Court for the Eastern District of Virginia. He has also appeared pro hac vice in federal court cases in the United States District Courts for the Eastern and Western Districts of New York and the District of Minnesota.

From 2003 through 2016, Danny was a partner with the McLean, Virginia office of Richmond-based Sands Anderson, P.C. He joined Sands as part of its 2003 merger with Schraub Howell & Company, Chartered, where he served as managing partner. In 2016 Danny opened the Law Offices of Danny M. Howell, PLLC, a five-attorney litigation boutique in McLean, Virginia.

Danny carries an AV® Peer Review Rating by Martindale-Hubbell. He was a 2007 Fellow of the National Institute for Teaching Ethics and Professionalism and has served as an Adjunct Professor with the University of Richmond’s.

Agenda

I. How Unconscious Bias Can Lead to Violations of Attorneys’ Duties of Competence, Communication and Diligence | 1:00pm – 1:30pm

II. How Unconscious Bias Can Increase Firms’ Risks of Malpractice Suits | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. How Unconscious Bias Helps Drive Out Diversity in the Legal Profession | 2:10pm – 2:40pm

IV. Bias Training That Really Works | 2:40pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 Ethics

Arkansas

Approved for CLE Credits
2 Ethics

Arizona

Approved for CLE Credits
2 Professional Responsibility/Ethics

California

Approved for CLE Credits
2 Implicit Bias

Colorado

Pending CLE Approval
2 EDI

Connecticut

Approved for CLE Credits
2 Ethics / Professionalism

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 Enhanced Ethics

Florida

Approved for CLE Credits
2.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 Ethics

Hawaii

Approved for CLE Credits
2.4 Ethics or Professional Responsibility Education

Iowa

Pending CLE Approval
2 Diversity & Inclusion

Idaho

Pending CLE Approval
2 Ethics / Professionalism

Illinois

Pending CLE Approval
2 Diversity & Inclusion

Indiana

Pending CLE Approval
2 Ethics

Kansas

Pending CLE Approval
2 Ethics / Professionalism

Kentucky

Pending CLE Approval
2 Ethics

Louisiana

Pending CLE Approval
2 Professionalism

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 Harassment Or Discriminatory 

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 Elimination of Bias

Mississippi

Pending CLE Approval
2 Other (Professional Responsibilty)

Montana

Pending CLE Approval
2 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
2 Professionalism

North Dakota

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 Professional Responsibility

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 Ethics / Professionalism

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 Diversity, Inclusion and Elimination of Bias

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 Equity in Justice (EIJ)

Nevada

Pending CLE Approval
2 Ethics / Professionalism

New York

Approved for CLE Credits
2.4 Diversity, Inclusion and Elimination of Bias

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 Professional Conduct

Oklahoma

Pending CLE Approval
2.5 Ethics / Professionalism

Oregon

Approved for Self-Study Credits
2 Access To Justice

Pennsylvania

Approved for Self-Study Credits
2 Ethics / Professionalism

Rhode Island

Pending CLE Approval
2.5 Ethics / Professionalism

South Carolina

Pending CLE Approval
2 Ethics / Professionalism

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
2 Dual

Texas

Approved for Self-Study Credits
2 Ethics

Utah

Pending CLE Approval
2 Professionalism & Civility

Virginia

Not Eligible
2 Ethics / Professionalism

Vermont

Approved for CLE Credits
2 Diversity & Inclusion

Washington

Approved via Attorney Submission
2 Ethics, Equity & Inclusion

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 Law Practice Management

West Virginia

Pending CLE Approval
2.4 Ethics / Professionalism

Wyoming

Pending CLE Approval
2 Ethics / Professionalism

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