IILP Review 2017: the State of Diversity and Inclusion in the Legal Profession © 2017 Institute for Inclusion in the Legal Profession All Rights Reserved
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IILP Review 2017: The State of Diversity and Inclusion in the Legal Profession © 2017 Institute for Inclusion in the Legal Profession All rights reserved. IILP Review 2017: The State of Diversity and Inclusion in the Legal Profession IILP Review 2017 •••• 1 Editorial Board Editor-in-Chief Elizabeth Chambliss Editorial Board Brian W. Duwe Sharon E. Jones Philip Lee Sandra S. Yamate Articles Editors Joseph Giordano Gabriella Tringali Editorial Assistants Hannah Kelly Sarah Miller The views and opinions expressed herein are those of the author of each article or essay and not necessarily those of the Institute for Inclusion in the Legal Profes- sion or the employer of any author. Any individuals who may be quoted in specific articles and who are identified in connection with their employer are not representing the views, opinions, or positions of their employer unless that representation is specifically noted. 2 •••• IILP Review 2017 Table of Contents 8 Letter from the Chair 9 Letter from the Editor-in-Chief 10 Letter from The Claro Group 11 About IILP 11 About the IILP Review: The State of Diversity and Inclusion in the Legal Profession The State of Diversity and Inclusion in the Legal Profession 13 The Demographics of the Profession by Elizabeth Chambliss Diversity and Inclusion in the Legal Profession: Current Challenges 39 The Association of Legal Administrators Diversity Toolkit by The Association of Legal Administrators 52 Changing the Landscape of the Legal Profession Globally: The Development of a Culturally- Sensitive Diversity and Inclusion Pipeline by Gretchen Bellamy 56 The Undocumented JD: The Changing Landscape of Admissibility to the Bar for Undocumented Immigrants by Colette A. Brown IILP Review 2017 •••• 3 Table of Contents 62 An Innovative Approach to Hiring Lawyers: One Firm’s New Program Reflects Its Firm Values and Eliminates Implicit Bias by Lisa A. Brown 66 The Scientific Basis for the Ethical Obligation to Require Action to Eliminate Bias and Promote Diversity in the Legal Profession by David L. Douglass 72 Focus on the “How” (not the “Why”) of the Commitment to Diversity in the Legal Profession by Stacy Hawkins 86 Diversity and Inclusion: Transformative Steps to a More Inclusive Profession by Sharon E. Jones 93 Erase the Lines … We’re All in This Together by Sidney K. Kanazawa 100 Mentoring Law Students: A Theoretical Frame and Praxis by Melinda S. Molina 105 From Bystanders to Upstanders: Amplifying Diversity Efforts Through Action by Meredith Moore and Drew Gulley 112 An Empirical Analysis of Diversity in the Legal Profession by Jason P. Nance and Paul E. Madsen 119 On a Mission to Bring “True Diversity” to the Field of Law by Leon B. Silver 4 •••• IILP Review 2017 124 Corporate Lawyers and Diversity Discourse by Cheryl L. Wade 132 Diversity of Talent: Maximizing Diversity of Thought, Minimizing the Use of Problematic Heuristics by Lisa Webley and Liz Duff Gender Diversity and Inclusion Issues in the Legal Profession 137 Rising to the Challenge: How the NAWL Challenge Club is Helping Corporations and Law Firms Advance Women in the Profession by Angela Beranek Brandt and Alan Bryan 142 The Next Generation of Women's Diversity Initiatives by Margo Wolf O’Donnell and Marcia Owens Racial and Ethnic Diversity and Inclusion Issues in the Legal Profession 149 Looking Back to Push Forward: An Overview of Asian American Involvement in the Civil Rights Movement by Brandon R. Mita 160 The Rise of the Uniform Bar Exam: Considerations for the Diversity Pipeline and Indian Law by Lauren van Schilfgaarde and Kori Cordero 171 Filipinos on the Bench: Challenges and Solutions for Today and Tomorrow’s Generations by Serafin Tagarao, Edward Dailo, and Christine J. Gonong 180 The Way to Stop Discrimination on the Basis of Race… By Ronald Turner IILP Review 2017 •••• 5 Table of Contents Disability Diversity and Inclusion Issues in the Legal Profession 191 Disability Diversity: A Primer for the Legal Profession By Sarah Babineau and Jason Goitia 199 Attorneys with Disabilities: Shedding Light on the Invisible Element of Diversity by Angela Winfield LGBT Diversity and Inclusion Issues in the Legal Profession 205 LGBT Equality in the Legal Sector: A View from the United Kingdom by Daniel K. Winterfeldt, and Eilidh Douglas 212 Thirty Years of Progress, Far from Perfection: The LGBT Experience in the Legal Industry from the 1980s to the Present by Brian J. Winterfeldt, Sherry L. Jetter, Timothy C. D’Arduini, and Emily D. Murray The Intersection of Diversity and Inclusion Issues in the Legal Profession 219 Latina Lawyers - Still Too Few and Far Between: The Hispanic National Bar Association Latina Commission’s Efforts to Chart a More Open Path by Jill Lynch Cruz 226 A Qualitative Study of the Lived Experiences of Black Women Equity Partners in Elite Law Firms by Keith H. Earley 237 Barring Black Men: Character and Fitness and the Underrepresentation of Black Men in the Legal Profession by Jay E. Mitchell 6 •••• IILP Review 2017 246 Expanding the Pie: A New Approach to Big Law’s Never-Ending Diversity Problem by Tiffany R. Harper and Chasity A. Boyce 250 South Asian American Women Lawyers: Supporting Each Other by Mona Mehta Stone 268 About the Authors 296 Practice Round-Up 314 IILP Board of Directors 315 IILP Advisory Board 316 Partners, Allies, Supporters, and Friends 320 Acknowledgements IILP Review 2017 •••• 7 January, 2017 Dear Colleagues, The Institute for Inclusion in the Legal Profession (IILP) is proud to present the IILP Review 2017: The State of Diversity and Inclusion in the Legal Profession. Our fourth Review once again presents important data and analytics on the state of diversity and inclusion in the legal profession. Its original articles contribute to our continuing search for innovative approaches in this area. The IILP Reviews are an important platform for the advancement of real, meaningful change. I am pleased to hear that many of you consider them an informative and valuable tool. This would not be possible without the contributions of their many authors and editors, whose hard work and dedication to IILP’s mission deserve our gratitude and the highest compliments. I also thank our Visionaries, Partners and Allies for their indispensable support and encouragement throughout our eight years of existence. With best wishes, Marc S. Firestone Chair Institute for Inclusion in the Legal Profession 8 •••• IILP Review 2017 January, 2017 Dear Readers, The Institute for Inclusion in the Legal Profession (IILP) is proud to present the 2017 edition of the IILP Review: The State of Diversity and Inclusion in the Legal Profession. The IILP Review brings together a statistical summary of recent demographic data, thought pieces exploring diversity issues in a wide range of professional contexts, and a roundup of initiatives by law firms, corporations, law schools, bar associations, and government—all in an accessible, readable format. Our goal is make it easier for busy lawyers, judges, law professors, students, employers, and diversity professionals to keep abreast of thinking and research related to diversity and inclusion in the profession and to provide momentum—and a regular venue—for addressing the continuing challenges that we face. This year’s IILP Review includes contributions from over 40 people at the forefront of thinking and practice in the field, as well as reports and roundups from an impressive array of professional and practice organizations. We are delighted to present such a comprehensive sampling of this important work and welcome the continued development of both the content and format of the review. In particular, we hope to stimulate both large-scale and small-scale data collection and reporting by employers, diversity professionals, bar associations, and research institutions, so that we might better assess our progress toward greater integration and inclusion within the profession. We hope that you find the 2017 IILP Review useful and informative, and that you will consider contributing to a future issue of the IILP Review. Elizabeth Chambliss Editor-in-Chief IILP Review 2017 •••• 9 Dear Participant: The Claro Group is pleased and heartened to announce that we will be continuing our relationship with IILP for yet another year. In ever-expanding global economies, it seems inevitable that inclusion of new or varied perspectives is not only necessary, but critical to the successful growth of any industry. In order to flourish, companies MUST embrace diversity and inclusion as key business imperatives. Research shows diversity and inclusion increase the richness of ideas and problem solving abilities. A diverse mix of voices leads to dynamic discussions and better decisions. We need to commit to questioning our own beliefs and assumptions to help cultivate flexible and reflective thinking. Being a member of a professional services firm working closely with the legal industry, we at Claro recognize the importance of acting as a champion of inclusion and will continue to seek to work with firms with whom these values are aligned. While stalwarts of some perceived tradition may remain unchanged, even in the face of the evidentiary benefits of diversity and inclusion, we can all do our part to encourage the promulgation of these tenets, and work to ensure the most-timely end to antiquated traditions. We, again, look forward to working with this outstanding and collaborative body that has its eye on the future, and through which progress is being driven. Sincerely, Michelle Uddin Managing Director The Claro Group, LLC ● 321 North Clark Street ● Suite 1200 ● Chicago, IL 60654 Tel 312.546.3400 Fax 312.554.8085 10 •••• IILP Review 2017 About IILP The Institute for Inclusion in the Legal Profession (“IILP”) is a 501 (c) (3) organization that believes that the legal profession must be diverse and inclusive. Through its pro- grams, projects, research, and collaborations, it seeks real change, now, and offers a new model of inclusion to achieve it.