Finding the Right Mix

By Alex Shumate
Columbus Bar briefs, Spring 2003

Ask anyone to name a diverse business and chances are, "law firm" won't be their first (or second) response.

While it's true that minorities and women have been outnumbered by the profession's historically white male majority, the gender, ethnic and racial makeup of most of America's top law firms is transitioning - albeit slowly - to better reflect the country's demographic makeup. According to the Minority Law Journal's 2002 Diversity Scorecard report, in 2001 the percentage of minority attorneys at the country's largest law firms increased from 9.7 percent in 2000 to 10.1 percent. Further, the number of minority associates increased from 13.2 percent in 2000 to 14 percent in 2001. The number of minority partners barely increased - up one-tenth of a percent to 3.9 percent. By comparison, the country's minority population in 2000 was approximately 16.9 percent (according to U.S. Census figures of African American, American Indian, Asian, and Native Hawaiian residents).

Why diversity?

Much of the increase in minority attorneys can be attributed to a growing number of major law firms that have made formal commitments to fostering diversity within their ranks. These firms are developing clearly stated diversity action plans complete with benchmarks, recruiting procedures and implementation steps. What they're finding is that diversity doesn't just make for a workplace that more accurately reflects the communities in which we live - they're discovering that diversity also makes good business sense. For example, many manufacturers have supplier diversity programs which encourage the manufacturer's buyers to consider vendors and service providers (including law firms) that are either owned by minorities or employ a diverse workforce. Further, many law firms have found that when prospective clients approach attorneys, they want to know more about the firm's racial and ethnic makeup. If a firm's ranks are not diverse enough or, if the client senses that diversity is not a top priority, the firm can lose business. In other words, clients want to do business with firms who value diversity just as much as they do.

Local success

Today, law firms without a diversity action plan would be wise to develop one. In fact, in a few areas across the country - namely San Francisco, Chicago and right here in Columbus - local law firms have banded together to create a comprehensive approach to improving diversity within the profession locally. Nearly two years ago, a meeting of managing partners at Columbus law firms (sponsored by the Columbus Bar Association) met to develop a citywide program that addressed the issue of poor minority representation among law firms. The group created the following diversity action steps for all participating firms:

1. Establish a minimum of one substantial minority hiring initiative geared towards attracting minority talent.
2. Establish mentoring programs for all new attorneys to improve retention rates and to encourage associates that they have the opportunity for advancement in the firm.
3. Ensure hiring criteria does not discriminate or single out minority candidates.
4. Recruit at law schools with higher populations of minority students.
5. Increase the number of minority lateral hires.
6. Conduct mandatory diversity and cultural sensitivity training.
7. Promote the firm's commitment to diversity.

Individual local law firms, including Squire Sanders & Dempsey, have taken steps to build their own diversity initiatives, in addition to the citywide plan. For example, Squire Sanders has implemented a firm-wide diversity plan that commits interviewing more law students from schools with larger minority populations. The plan also established a formal mentoring program for all new associates that gives them greater guidance and, most important for minority associates - it gives them a reason to stay.

At the national level, the American Bar Association's Commission on Racial & Ethnic Diversity in the Profession operates a handful of projects and programs, all geared to advance opportunities for minorities in the legal profession.

Moving forward

Without a doubt, minority representation in law firms has increased considerably in the past 30 years. And while the transition has been steady, it has also been slow. Statistics from the American Bar Association indicate that in the next 50 years, the general population is expected to be split 50 percent Caucasian and 50 percent ethnic/racial "minorities." The problem is that today, less than 20 percent of enrollment in law schools is minority students. The ABA suggests this means the percentage of minority attorneys is unlikely to accurately reflect the makeup of the general population anytime soon.

However, if more firms and local law groups commit to promote diversity in their own firms and throughout the profession, perhaps the industry as a whole will achieve racial and ethnic parity sooner than expected.

Alex Shumate is managing partner for the Columbus office of the international law firm, Squire Sanders & Dempsey L.L.P. Mr. Shumate served as co-chair to the Columbus Bar lead racial diversity initiative. He can be reached at (614) 365-2700.