Following Texas, Florida Drops ABA Oversight of Lawyers

Florida is now the second state to drop its requirement that lawyers in the state hold a degree from a law school accredited by the American Bar Association, The Tallahassee Democrat reported Thursday. 

The Florida Supreme Court, which sets law-licensure requirements, said the decision is designed to open the door for more law school accreditors. 

“The rule changes create the opportunity for additional entities to carry out an accrediting and gatekeeping function on behalf of the Court,” the Jan. 15 opinion read. “The Court’s goal is to promote access to high-quality, affordable legal education in law schools that are committed to the free exchange of ideas and to the principle of nondiscrimination.”

The Texas Supreme Court made a similar decision last week, and Ohio and Tennessee’s high courts are also considering minimizing the ABA’s oversight of lawyers in their states. 

Republicans, including Florida attorney general James Uthmeier, who called the ABA “a captured, far-left organization,” have targeted the ABA, which accredits the vast majority of law schools in the country, as part of a broader crusade against diversity, equity and inclusion efforts. Last year, the ABA suspended its DEI standards in response to conservative criticism. 

On Thursday, Gov. Ron DeSantis praised the state Supreme Court’s decision as a “Good move” in a post on X. “The (highly partisan) ABA should not be a gatekeeper for legal education or the legal profession.”

For now, though, a new law school accreditor has yet to emerge. And experts say it’s unlikely most law schools will abandon their ABA accreditation any time soon, because it’s created reliable professional standards that make it easier for lawyers to practice in multiple states. 

Justice Jorge Labarga, the only dissenting vote in the Florida opinion and the only justice who wasn’t appointed by DeSantis, cautioned that a new law school accreditor would have a tough time rivaling the ABA. 

“[The ABA] has cultivated unmatched proficiency in dealing with Florida law-school-specific issues that would require decades for any successor to develop,” he wrote in his dissent. “Refinements can always be made. However, replacing an established entity with an unknown alternative is detrimental in the context of disputes.”