Underrepresented to Empowered: Creating a More Inclusive Legal Profession

The Lack of Diversity in the Legal Profession

Despite some progress, the legal profession continues to struggle with diversity and inclusion. Since the NALP (National Association Law Placement) first began tracking diversity statistics in 1993, White males have continuously dominated the industry. Over the years, the profession has seen a slight increase in the number of women, LGBTQ+, AAPI, and Hispanic attorneys. However, these groups remain largely underrepresented compared to their respective populations. Moreover, there has been a notable decrease in the number of Black American and Native American lawyers by .1% and .5%, respectively.

Barriers Faced by Underrepresented Attorneys

According to Kendra Abercrombie, former recruiter at Indiana University Maurer School of Law, aspiring attorneys from underrepresented backgrounds face several educational and financial barriers upon attempting to enter the profession. Some of these challenges include lack of access to information, limited LSAT prep resources, and politicized attacks on affirmative action initiatives.

Unfortunately, for those who overcome these challenges, many struggle to succeed in the profession. Law firms and legal organizations find it challenging to hire, retain, and promote diverse talent. According to a recent study from the American Bar Association (ABA), 70% of diverse participants have left or considered leaving the legal profession due to feeling undervalued and /or encountering barriers to career advancement. Furthermore, diverse attorneys are negatively impacted by traditional hierarchical law firm structures, lack of objective standards for reviewing work, and explicit and implicit sexism and racism, as observed by attorneys Sybil Dunlop and Jenny Gassman-Pines in a 2021 article. 

How the Mansfield Rule is Improving Diversity

To address the persisting issue of diversity in the legal profession, Diversity Lab implemented the Mansfield Rule: an approach that aims to boost diversity in leadership by broadening the pool of talent through “consideration goals”—not quotas—for leadership roles. This program measures whether law firms have considered at least 30% women, people of color, LGBTQ+, veterans, and disabled lawyers for leadership roles, partner promotions, client pitch opportunities, and senior lateral positions. By imposing a tangible goal, the Mansfield Rule increases transparency and accountability, ensuring that firms actively work towards a more diverse and inclusive workplace. Moreover, behavioral research has shown that considering a minimum of 30% diverse candidates helps disrupt implicit biases in the workplace.

The Mansfield Rule has become a catalyst for change in the legal profession. More than 150 law firms have participated in the Mansfield Rule program, which has led to increased diversity in leadership positions. Overall, the Mansfield Rule has increased the number of women in leadership roles by a 30% average and the number of minoritized lawyers in leadership roles by a 22% average. Additionally, the program has encouraged firms to look beyond traditional recruiting methods and actively seek out diverse candidates, leading to more inclusive workplaces.

Organizations Dedicated to Improving Diversity and Inclusion

In addition to law firms that have internally implemented the Mansfield Rule, several external organizations are dedicated to improving diversity and inclusion of underrepresented groups in the legal profession. Some of these organizations include:

Women

• National Association of Women Lawyers (NAWL). Promotes the advancement of women in the legal profession through networking, education, and advocacy.
• Equal Representation for Expert Witnesses (EREW). Improves the visibility and representation of women as expert witnesses.
• Arbitral Women (AW). Connects and promotes women international dispute resolution practitioners.

Black American

• National Bar Association (NBA). The largest association of Black lawyers and judges in the United States that advocates for the advancement of Black legal professionals.
• National Black Lawyers. Advocates for the representation of Black legal professionals in leadership positions and promotes diversity in the legal profession.

Asian American & Pacific Islander (AAPI)

• National Asian Pacific American Bar Association (NAPABA). Advocates for the advancement of Asian Pacific American legal professionals and promotes diversity and inclusion in the legal profession.

Hispanic

• Hispanic National Bar Association (HNBA). Promotes for the advancement of Latin American legal professionals and advocates diversity and inclusion in the legal profession.

Middle Eastern, North African, and South Asian (MENSA)

• South Asian Bar Association (SABA). Advocates for the advancement of South Asian legal professionals and promotes diversity and inclusion in the legal profession.

Indigenous

• National Native American Bar Association (NNABA). Promotes the professional development of Native American/Indigenous lawyers and law students. The organization provides networking opportunities, mentorship programs, and resources to support Native American/Indigenous lawyers and law students.
• American Indian Law Center (AILC). Provides legal education and training programs to Native American/Indigenous law students and lawyers.

Disabled

• Disability Rights Bar Association (DRBA). Works to advance disability rights by promoting the legal profession’s inclusion of disabled lawyers and advocating for disability rights policy.
• The National Association of Attorneys with Disabilities (NAAD). Aims to increase diversity and inclusion in the legal profession by advocating for lawyers and law students with disabilities.

Veteran

• National Veterans Legal Services Program (NVLSP). Provides networking opportunities, mentorship, and resources to veterans who are interested in pursuing careers in the legal profession. The organization also works to promote the hiring of veterans by law firms and legal organizations.

General Diversity

• National Association for Law Placement (NALP). Promotes diversity and inclusion in legal hiring and provides resources and networking opportunities to legal recruiters and organizations.
• National Association of Legal Search Consultants (NALSC): Advocates for ethical standards and diversity and inclusion among legal search consultants.

The Future of Diversity in the Legal Profession

Overall, the Mansfield Rule and legal organizations’ advocacy have significantly improved the landscape of diversity and inclusion in the legal profession. However, there is still much progress to be made. As we enter the artificial intelligence (AI) revolution, advocates may wish to consider ways AI can be leveraged to continue improving DEI efforts. Some ways AI might be leveraged towards DEI efforts include bias detection, metrics tracking, and predictive analytics.