Despite corporate law firms’ calls for their commitment to diversity, the data on diversity at these firms paint a different picture. According to the National Association for Law Placement, a 2020 survey of 882 law offices showed that 10.2% of partners were people of color. In fact, the data showed 4.08% were Asian American, 2.10% were African American, 2.80% were Latinx, 0.18% were Native American/Alaska Native, 0.06% were Native Hawaiian/Pacific Islander, and 1.02% were multi-racial. The low numbers are also reflected on the partnership level, as big law firms’ share of women grew marginally from 24.2% in 2019 to 25.1% in 2020. Overall, the growth in diversity for people of color grew 0.65% from 2019 to 2020. Are corporate law firms’ recruitment and attrition methods for diverse talent working? Or are they failing due to a myriad of systemic issues that must also be addressed in its recruiting strategies?
Answering this question, Rufus Cormier, a retired Baker & Bots partner, found pursuing a specific legal career path was “a question of exposure and lack of knowledge.” Cormier asserted that most black lawyers were not viewing the transactional side of the law, but rather, identified law with litigation, especially criminal law. The scarcity of black lawyers can also be linked to trepidation with joining a work environment where they are the minority. Jill Louis, a managing partner of Perkins Coie’s Dallas office, faced this problem when she would be in the conference room full of white men, where she was the only one asked, “where did you attend law school?” These types of microaggressions illustrate why some underrepresented lawyers are not entering the big law space.
Nevertheless, there are ways for corporate law firms to achieve their mission of creating a more diverse and inclusive environment. As noted by Bloomberg Law, corporate firms can “put their money where their values are.” Some corporate firms have included diversity and inclusion goals within their annual performance review, while others have tied a component of their partners’ compensation to their diversity efforts. Bloomberg Law’s own Diversity Equity, & Inclusion Framework members utilized these methods, including Kirkland & Ellis LLP, Akin Gump Strauss Hauer & Feld LLP, and Covington & Burling LLP. Additionally, corporate firms can achieve diversity by “altering their traditional recruitment approaches.”
Recruiters from corporate firms should not only identify the historical roots for the lack of retention for diverse associates but also adapt their efforts accordingly. To address these systemic issues, recruitment should be looking to the beginning of the pipeline before diverse talent reaches law school. For example, the SEO Law Fellowship Program offers entering 1Ls a chance to work at a big law firm by including fellows in the summer associate program. While these efforts provide a meaningful opportunity that addresses the exposure problem Cormier raises, the data on diversity in big law illustrates that more must be done.
Further recruitment alterations include firms diversifying away from just the top law schools. This approach is supported by Lloyd Freeman, the chief diversity and inclusion officer of Buchanan Ingersoll & Rooney. Freeman stated recruiters should expand their focus by recruiting from underrepresented schools and historically black colleges. Such tactics allow firms to focus more on the “ability” of candidates, rather than their “credentials” or industry connections. To further address this exposure problem while in law school, it is crucial that firm recruiting collaborates with law school affinity organizations. In an industry where networking is crucial, firms can directly reach diverse applicants at law schools by working with these campus organizations.
Following the aftermath of the death of George Floyd and racial protests around the world, some firms including Dorsey & Whitney and Paul Weiss Rifkind Wharton & Garrison have taken measures to further foster diversity and inclusion. In a study done by the NALP and the National Business Institute, 73% of respondent firms stated they’ve created new programs to address racial injustice and civil unrest. These efforts are coupled with the overarching pushback from corporate clients. For example, Facebook has recently warned their big law firms that they will take their “work elsewhere or cut fees unless they see more racial and gender diversity within the law firms they work with.”
As an industry that has historically lacked diversity, corporate firms must identify ways to improve exposure and modify their recruiting strategies. These modifications include expanding their talent pool and providing earlier exposure to underrepresented groups. By doing so, firms can ensure their mission to a sustainable diverse workforce is fulfilled.