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.
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.
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.
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:
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.
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