Why We Need Diversity in Law

by Nirupa Netram

Nirupa Netram

Did you know there are more than 1.3 million lawyers in the United States? And how diverse is the legal profession? Not very. According to the American Bar Association, 37% of attorneys are women, a mere 14.1% of lawyers are people of color, and there are no reliable statistics on the total attorneys with disabilities or those who identify as LGBTQIA+. Diversity has countless benefits to businesses, including increased revenue, improved performance, less turnover, innovative ideas, and much more. Legal workplaces, including law firms, companies with legal departments, and legal aid providers, need to take purposeful action now to improve the lack of diversity in law. Here are five ways to start making meaningful change. 

  • Expand Recruitment Efforts

Recruiters should look through a different lens when scouting for new attorneys and not only look for graduates of top law schools, a common practice. Although the top schools produce talented and successful attorneys, businesses should broaden traditional recruiting methods to include other law schools besides the Ivy League ones. Far too many students cannot afford the cost of these schools, which in 2020-21 averages $51,268 at a private school, $29,074 for a public, in-state, school, and $42,143 for a public, out-of-state, school, and the corresponding high amount of student debt, which averages $160,000. A minority student I mentor recently got into her first-choice law school, but then reluctantly declined to attend because of the inflated cost of tuition and the lack of funding opportunities. Attending an elite law school alone does not make you a good lawyer. After law school is typically when a lawyer truly comprehends all the law(s) applicable to practice. Similarly, because lawyers form their moral compass well before law school, attending a top law school does not automatically make someone an ethical lawyer, which is essential for long-term success. Even the United Supreme Court is breaking away from the tradition of appointing graduates of Ivy League schools. The newest appointee, Justice Amy Coney Barrett, graduated from Notre Dame Law School, a non-ivy league school

  • Do Not Rely Solely on Class Rank

Job descriptions for federal clerkships or top-tier law firms often require the applicant to be in the top ten percent of their class. Law school is extremely competitive and stressful. Many schools still only have one exam at the end of each class. This means one test dictates the grade for every class during a typical three-year tenure of law school. One low grade can derail grade point average and class rank. Class rank does not dictate whether a person will be an effective attorney, for the same reasons discussed above concerning recruitment. Workplaces should consider other factors besides a high-class rank. Instead, they should examine other factors, such as the applicant’s publications, work experience, volunteer experience, and pre-law academic performance. In other words, an individual’s potential for success is far more important than their class rank. 

  • Form a Diversity Committee

A diversity committee, task force, or council is a sign of good leadership and signals a company’s commitment to diversity. Committee membership should represent the diversity within the business. The committee can form and/or execute the company’s strategy on diversity. The company should regularly review and revise such initiatives, measure them, and share the results internally and externally. To make the workplace more inclusive, a committee can also plan events to celebrate diverse holidays that are important to the team and clients. A business should factor an attorney’s time and energy on this committee into the typical legal billable hour requirement. This allows for engagement and avoidance of burnout, which is all too common in the profession. According to a Bloomberg Law survey, the most dissatisfied lawyers reported burnout 74% of their time, on average. Most law firms require attorneys to maintain a minimum number of billable hours for time spent working on a client’s case, which attorneys then bill to that client. While time spent on diversity initiatives does not involve any specific consumer, several law firms have determined that such work is billable for attorneys. This means the attorney can count time spent on diversity towards their billable-hours requirement and the company will absorb those hours. One firm even said that all lawyers will receive unlimited billable hours credit for diversity and inclusion work. Progress is happening as more legal workplaces continue to recognize the importance of diversity, equity, and inclusion.

  • Ensure There is Diversity in Top Management

Diversity in top management reflects the faces of the workplace. Too often, businesses may think they are diverse because their associates, clerks, paralegals, or other staff are people of color. That is not true diversity. True diversity means the leadership and boards are also diverse. Diversity encompasses people of different races, ethnicities, genders, generations, abilities, religions, social-economic backgrounds, abilities, individuals who are LGBTQIA+, and so much more. Additionally, diversity means that diverse populations must have a voice and seat at the table. This means diversity is reflected amongst the chiefs, equity partners, board chairs, and other leaders. In other words, they are the people who have a say in the decision-making process.

  • Integrate Diversity in Strategy and Goals

Integrating diversity into a company’s strategy and goals establishes a commitment to and clear set of expectations around diversity, equity, and inclusion. Businesses who do this should promote their diversity efforts, including on their websites. This may be a key factor to attract top talent because more than 86% of job seekers consider workplace diversity an important factor when considering a job.  A strong commitment to diversity also attracts diverse customers. According to McKinsey, “the most diverse companies are now more likely than ever to outperform less diverse peers on profitability.”

Diversity in the law requires time, resources, and an ongoing commitment and effort. The legal industry must answer the calls of job seekers, customers, and society as a whole- each of whom is demanding action on diversity now. As Gandhi said, “Our ability to reach unity in diversity will be the beauty and the test of our civilization.”    

Fields Jackson