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(IILP) Review 2019-2020: the State of Diversity IILP Review 2019-2020: The State of Diversity and Inclusion in the Legal Profession IILP Review 2019-2020 •••• 1 Editorial Board Editor-in-Chief Philip Lee Articles Editors Maria D. Suarez Demetria Themistocles Editorial Assistants Hannah Kelly Jenna Meyers Brenden 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. © 2019-2020 Institute for Inclusion in the Legal Profession All rights reserved. 2 •••• IILP Review 2019-2020 Table of Contents 8 Letter from the Chair 9 Letter from the Editor-in-Chief 10 Letter from LexisNexis 11 About IILP 12 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 Philip Lee Diversity, Equality, and Inclusion in the Legal Profession in General 41 The Opportunities and Challenges of Diversity in Law By Christina Blacklaws 46 Incorporating Non-U.S. Nationals in Diversity and Inclusion Initiatives: Insights from Working with JD’s and LLM’s in Big Law. By Diego Carvajal 52 Signposts In The Road: The Lawyer’s Ethical Obligation to Promote Diversity in the Legal Profession By David L. Douglass, Amber C. IILP Review 2019-2020 •••• 3 Table of Contents Thomson, and Eliazar Chacha 71 Mitchell Hamline School of Law’s Gateway to Legal Education Program: Trying to Move the Needle By Mark C. Gordon 78 Missing: Where is the Public Sector in Discussions about Diversity in the Legal Profession? By Lea S. Gutierrez 84 Bigger City v. Smaller City: Differences in Practice By Mona Mehta Stone 93 The Importance of Excellence for Diverse Attorneys By Brian J. Winterfeldt and Emily D. Murray 101 A Note about Diversity to In-House Lawyers By Jennifer H. Zimmerman Gender Diversity, Equality, and Inclusion Issues in the Legal Profession 107 The Chilling Effect of the #MeToo Movement on Promotion of Female Law Associates: The Case for Sponsorships. By Jeannette Espinoza 112 A Seat at the Table: Bringing Four Pillars of Fourth Wave Feminist Strategies to the Legal Profession 4 •••• IILP Review 2019-2020 By Laurie A. Morin 130 Be Bold and Chart Your Own Course: Risk-Taking Across Settings in Law By Margo Wolf O’Donnell and Meredith Emerson Ritchie Racial and Ethnic Diversity, Equality, and Inclusion Issues in the Legal Profession 135 Today You Are My Brother; But Tomorrow, Maybe Not (The Scourge of Tribal Disenrollment) By Lawrence R. Baca 148 Asian Pacific Americans and Affirmative Action: Challenges in the Struggle to Achieve Equal Opportunity for All By Rockwell (“Rocky”) Chin, Chris M. Kwok, Deanna Kwong, Derek K. Ishikawa, and Hannah Kelly 164 Countering Cultural Isolation: Increasing the Numbers of Native Law Students and Lawyers By Randall R. Murphy 170 Re-Calibrating Diversity Initiatives By Enrique Ortiz Ortega 176 A Call for Greater Collaboration among Attorneys of Color within Law Firms IILP Review 2019-2020 •••• 5 Table of Contents By Michael A. Wilder and Brandon R. Mita Disability Diversity, Equality, and Inclusion Issues in the Legal Profession 181 How Attorneys with Disabilities Get the Job Done: Service Animals and the Law By Angela C. Winfield and Fran Ortiz LGBT Diversity, Equality, and Inclusion Issues in the Legal Profession 186 Embracing the “SOGI/E” Spectrum Through Deliberate Action By Kimberly Forte 194 Straight Privilege: Shining Light on Unearned Advantage Based on Sexual Orientation By Steven T. John 202 Being a B, Perspectives on Being a Bisexual Lawyer By Bendita Cynthia Malakia The Intersection of Diversity, Equality, and Inclusion Issues in the Legal Profession 213 Latinas in the Legal Profession: Navigating the Cultural Divide By Jill Lynch Cruz 227 Phenomenal Women: Conversations with African American Women 6 •••• IILP Review 2019-2020 Senior Associates By Ellen Yiadom Hoover 236 Sweet Harmony: Substantive Diversity, Disability Rights, Millennials, and the Shape of Tomorrow’s Inclusiveness By I. Edward Marquette, Kimberly McKelvey, and Patricia Kinaga 247 Importance of Feedback: The Tale of Two Scenarios By Melinda S. Molina 250 Coffee, Anyone? An Insider’s Look at the Gender Disparity in International Arbitration By Maria Eugenia Ramirez and Juliana de Valdenebro-Garrido 254 About the Authors 276 Practice Round-Up 300 IILP Board of Directors 301 IILP Advisory Board 302 Visionary Partners, Partners, Allies, Supporters, and Friends 304 Acknowledgements IILP Review 2019-2020 •••• 7 January 2019 Dear Colleagues, It is my pleasure to share with you the most recent IILP Review. Our new Editor-in-Chief is Philip Lee, who is Professor of Law at the University of the District of Columbia David A. Clarke School of Law. Professor Lee has assem- bled a terrific mix of articles that reflect IILP’s mission to offer imaginative, in- formative, and varied perspectives. Along with its content, this year’s Review is notable in that its publication coincides with IILP’s 10th Anniversary. Sandra Yamate and Terry Murphy created IILP in 2009. Through their dedica- tion and the extraordinary support of many people and organizations, IILP has become a respected voice in the legal profession’s efforts to become more diverse and inclusive. Whether sharing the facts about long-standing challenges — from systemic barriers to “diversity fatigue” — or bringing to light issues that have received too little attention, IILP has found its place. Longtime advocates for a more di- verse profession along with a newer generation of leaders have enabled IILP to provide a much-needed forum for asking hard questions and discussing sensitive topics across many practice settings. The practice of law rests on principles of equality and fairness, and we’re rightly proud of the changes our profession has brought to society at large. Of all professions, ours should stand out as a model of social justice. Far more than admirable aspirations, diversity and inclusion should be vivid emblems of the legal profession itself. At least from my perspective, that’s the essence of IILP. With best wishes for the New Year. Sincerely yours, Marc S. Firestone 8 •••• IILP Review 2019-2020 January 2019 Dear Readers, The Institute for Inclusion in the Legal Profession (IILP) is proud to present the 2019-2020 edition of the IILP Review: The State of Diversity and Inclusion in the Legal Profession. The IILP Review brings together a statisti- cal summary of recent demographic data, feature articles and thought pieces exploring diversity and inclusion issues in a wide range of profes- sional contexts, and a roundup of diversity initiatives by an impressive array of professional and practice organizations—all in an accessible and readable format. Our goal is to make it easier for busy lawyers, judges, law professors, law students, law school administrators, legal employers, and diversity professionals to keep informed of current thinking and research related to diversity and inclusion in the legal profession and provide a regular forum—along with forward momentum—for addressing the continuing challenges that we face. This year’s IILP Review includes contributions from almost forty practi- tioners and thought leaders in the legal profession. We are delighted to present such numerous and diverse voices in this volume and welcome the continued development of both the content and format of this publi- cation. We hope that you find the 2019-2020 IILP Review both informative and useful, and that you will consider contributing to a future issue of the IILP Review. Philip Lee Editor-in-Chief IILP Review 2019-2020 •••• 9 April 24, 2019 Dear Participant: LexisNexis, a division of RELX Group, is pleased to support IILP in its efforts to seek real change through its programs, projects and thought leadership. As a global organization, we recognize and applaud the efforts of IILP in addressing a global issue of diversity and inclusion affecting the legal profession. LexisNexis believes our people are our strength. Diversity and inclusion are critical to our future. We need the engagement of people from a wide range of backgrounds, experiences and ideas to achieve real innovation for our customers around the world. Our commitment to diversity and inclusion earned us a top 100 placement in Equileap’s Ranking, an assessment of more than 3,000 companies against 19 commitments, including gender balance in the workplace, equal compensation, work-life balance, policies promoting gender equality and commitment to women’s empowerment. Additionally, RELX is a signatory to the Women’s Empowerment Principles, a UNGC and UN Women’s Initiative to help companies empower women and promote gender equality. We are guided in our understanding of the role companies play in furthering human rights by the UNGC, the UN Guiding Principles on Business and Human Rights, and the OECD Guidelines for Multinational Enterprises and its mandate that business must “respect the internationally recognised human rights of those affected by their activities”. At LexisNexis, we believe in leading by example, which is a fundamental reason we are proud to support the work of the IILP. Sincerely, Ian McDougall Executive Vice President & General Counsel LexisNexis Legal & Professional LexisNexis | 230 Park Avenue, 7th Floor, New York, NY 101069 T: +1 212.309.8100 | F: +1 866.960.2575 | www.lexisnexis.com 10 •••• IILP Review 2019-2020 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.
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