The nation’s demographics are changing rapidly and becoming increasingly diverse, and it’s important that the legal profession begins to reflect these changes - and especially crucial that we avoid the "diversity recession" that followed the 2008 crash. Studies have shown that increased diversity also benefits the legal profession tremendously. Just what are some of those benefits?
When law firms reflect the diverse reality of the world at large, they are able to acquire a larger pool of clients. Firms with bilingual attorneys are even more at an advantage, enabling them to acquire clients from different cultures and countries. Clients from different backgrounds will find the firm relatable and be more confident in the firm’s ability to represent their diverse interests. A larger client base results in a better bottom line and spurs economic growth for the firm overall.
A legal team with individuals from diverse backgrounds and perspectives leads to improved problem-solving skills. A range of opinions and experiences in the room spurs intellectual debate when devising legal strategies, and ultimately results in new and innovative ideas. Having different perspectives in the room also results in increased critical thinking and advocacy skills, requiring attorneys to think through their ideas and how to support them more carefully.
Obtaining and sustaining a diverse legal workforce means employers must widen the pool of qualified candidates. In turn, employers can be assured that they are hiring the most qualified candidates for the positions they’re filling, leading to higher-quality work and more successful legal outcomes.
Attorneys at firms with higher diversity rates report being happier in their jobs. Attorneys of color and other minority groups are less likely to be isolated - rather, they will feel more like a member of their community and enjoy greater camaraderie with their colleagues. This sense of belonging results in higher productivity and increased retention rates.
As remote working environments became the “new normal” for law firms in the wake of the COVID-19 pandemic, maintaining diversity, equity, and inclusion initiatives has become an even more critical priority. Two recent reports from the ABA - one in April 2020 entitled “Walking Out The Door” focused on female attorneys generally, followed by a June 2020 report specific to women of color, entitled “Left Out & Left Behind” - highlight persistent barriers to advancement for women in the profession, especially women of color.
“Walking Out The Door,” authored by Roberta (“Bobbi”) Liebenberg and Stephanie Scharf, found that 67% of female attorneys said they believed they were denied access to business development opportunities, 54% had been denied a salary increase or a bonus as a result of their gender, and 53% reported that they were denied advancement opportunities because of their gender. In another study by Catalyst, an organization that works to accelerate progress for women through workplace inclusion, 34% of women of color reported that current law firm diversity efforts place too little emphasis on the quality of the work environment or workplace culture, compared to 16% of white men and women. Not surprisingly, “Left Out & Left Behind,” authored by Paulette Brown, Destiny Peery, and Eileen Letts, found that most women of color leave or consider leaving the legal profession primarily due to feeling undervalued and experiencing barriers to advancement.
To make matters worse, it is clear that the current economic downtown will negatively impact women’s careers for years to come. Catalyst has reported that 45% of female leaders in business find it difficult for women to speak up in virtual meetings and 20% of women felt ignored or overlooked by coworkers on video calls. It’s no wonder that law firms are scrambling to maintain, or in some cases, implement, diverse and inclusive practices in today’s remote working environment. Powerhouse attorneys Paulette Brown, Roberta (“Bobbi”) Liebenberg, and Stephanie Scharf discussed best practices law firm partners can take to maintain diversity and inclusivity in the remote world in their CLE program, How to Maintain Inclusivity for Law Firms in a Remote Environment. Here are just some of their keen insights:
Attorneys and staff can also help to maintain diversity, equity, and inclusion in a remote working environment. Reach across your screen to stay connected with partners and colleagues. Learn new areas of law that may impact clients due to the pandemic, and find growth opportunities to provide better client service. If law firms listen to diverse voices and bring them to the table, there are unique opportunities for law firms to emerge from the downturn stronger and more resilient.
Women have entered the legal profession in significant numbers since the 1970s, and have made up half of law school classes for decades. Yet, only 4% of managing partners are women. Why do legal organizations fail to promote and retain more women in senior leadership?
An ABA study shows that women are four to eight times more likely to be overlooked for advancement, denied salary increases, and deprived of business development opportunities. In response, the ABA has promulgated Model Rule 8.4(g), which states that it is professional misconduct to “engage in conduct that the lawyer knows or reasonably should know is…discrimination on the basis of…sex…in conduct related to the practice of law.” The ABA has set this as their mission statement for state disciplinary authority to adopt.
In the CLE program, What Legal Organizations Can Do to Get More Senior Women Leaders, attorneys Andrea S. Kramer and Alton B. Harris discuss the steps legal organizations can take to get more senior women leaders. This mission is not only “the right thing to do,” but also a profit-enhancing initiative for law firms. Check out the key steps below:
Step 1: Gather Information. There are many kinds of biases at play in law firms - affinity bias, gender bias, and more. Learn about your biases so you can address them.
Step 2: Use Blind Auditions. Find ways to exclude identification on written documents that may be used for hiring and employee promotion discussions. While you may be taking steps to address your bias, removing the opportunity for bias to arise is even better.
Step 3: Slow Down. Slow thinking helps to ensure that decisions are more logical, rational, and careful - and it gives you time to notice and address any implicit biases. When making hiring, promotion, and compensation decisions, and when formally evaluating employees, slow down your thinking and decision-making. Once you’ve arrived at a decision - take another day. And check in with your peers, mentors, and subordinates, who may catch things you miss.
Step 4: Eliminate Discretion. Discretion allows subjectivity into the picture, which is when biases emerge. Legal organizations should limit the amount of discretion that leadership is given in decision-making. This means evaluations should be made based on predetermined criteria that can be measured objectively - and can be blinded, as in Step 2.
Step 5: Permit Flexible Schedules. Women are generally still taking on heavier burdens of childcare, elder care, and other domestic responsibilities than their male counterparts. Flexible schedules can allow attorneys to manage their personal lives, which has been shown to enhance productivity.
Step 6: Focus on Small Wins. Achieving a long-term goal should be taken one step at a time. One small step at a time can move mountains. Set small goals on a consistent basis so you can measure the progress you are making toward achieving gender equity in your organization.
Step 7: Enlist Male Allies. Gender diversity efforts are not a zero-sum game, and men have to be part of the conversation and solution. Working towards gender equity in senior leadership will benefit the whole organization, and male allies will recognize and promote this goal.
To learn more about improving diversity and challenging bias, check out Strategies to Improve Diversity and Interrupt Implicit Bias in the Legal Profession, and for an examination of how in-house counsel can support these efforts, check out our webcast Making a Difference: How In-House Counsel Can Eliminate Bias and Promote Equity in the Legal Profession.
Last updated on May 4, 2023