IILP Review 2014: the State of Diversity and Inclusion in the Legal Profession © 2014 Institute for Inclusion in the Legal Profession All Rights Reserved
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IILP Review 2014: The State of Diversity and Inclusion in the Legal Profession © 2014 Institute for Inclusion in the Legal Profession All rights reserved. IILP Review 2014: The State of Diversity and Inclusion in the Legal Profession IILP Review 2014 •••• 1 Editorial Board Editor-in-Chief Elizabeth Chambliss Editorial Board Robert T. Cichocki Brian W. Duwe Sharon E. Jones Sandra S. Yamate Articles Editors Chelsea J. Clark Amanda Reasoner Editorial Assistants Janet J. Lee Michelle Musielewicz 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 2014 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 Demographic Summary by Elizabeth Chambliss 37 The Dean Scene by Chelsea J. Clark 38 Explaining the Bar By Numbers: Diversity Challenges at the Bar for England and Wales By Sam Mercer 46 Diversity in the Legal Profession of England and Wales By Nicholas Fluck Diversity and Inclusion in the Legal Profession in General 57 Fisher v. University of Texas: Surviving Scrutiny in a Post-Fisher World By Melinda S. Molina 62 The Face of Access to Justice: Diversity, Debt and Aspiration among American Lawyers By Rebecca L. Sandefur IILP Review 2014 •••• 3 Table of Contents 66 The Call to Action Ten Years Later: A Look at the Effects on Retention of Women and Racial Minorities at Law Firms By Sharla C. Toller 78 Life Cycle of Diversity Programs By Richard Meade Gender Diversity and Inclusion Issues in the Legal Profession 89 Generational Differences Among Female Attorneys in the Workplace: “Lean In” — and Lean Out? By Jamie Sinclair 98 Cooking Up a Women’s Initiative: A Tale of Stone Soup By Jennifer H. Zimmerman Racial and Ethnic Diversity and Inclusion Issues in the Legal Profession 105 Because of Our Success: The Race of Blacks Makes a Difference on LSAT Scores By Kevin Brown and Renee Turner 114 Diversity in Law Schools By Collette Brown 121 The Pipeline to Law School: Uplifting Students of Color from the Negativity Surrounding Racial Identity, Racial Diversity, and LSAT Scores By Leonard M. Baynes 128 An Exercise in Limiting the Pipeline: How the Application of the Standard of Excellence in Large Law Firm Diversity Initiatives Eliminates Black Attorneys By Tiffany R. Harper and Chasity A. Lomax 4 •••• IILP Review 2014 131 The “Invisible” Associate By Emmanuel U. Obi 141 ABAs in La-La Land: The Rise of Asian American Bar Associations in Los Angeles By Mia Yamamoto and Steven K. Yoda 148 The Stephen Lawrence Murder Twenty-One Years On By Max Hill QC 156 Self-Identity: Report From An Indian-American Working in India By Mona Mehta Stone 168 ¿Quién soy yo? — Staying True to Your Unique Voice By Elizabeth Espín Stern 176 When the Native American Invitation to the Diversity Table Gets Lost in the Mail: Who’s Got Our Six? — A Cautionary Tale By Lawrence R. Baca 185 The Decline in African American Law Partners: A Wake Up Call By E. Macey Russell 195 Perspective on Lawyering in Non-Native Language By Jen C. Won Disability Diversity and Inclusion Issues in the Legal Profession 199 Technology for Lawyers Who Are Visually Impaired By Denise Avant IILP Review 2014 •••• 5 Table of Contents LGBT Diversity and Inclusion Issues in the Legal Profession 203 The Diversity Experience: A Path to an Inclusive and Productive Workforce By Brian J. Winterfeldt, Merilee J. Arevalo, and Emily D. Murray 210 Out in the Workplace: Career Management Considerations for LGBT Lawyers By K. Steven Blake and Steve John The Intersection of Diversity and Inclusion Issues in the Legal Profession 219 The “Super Minority”: The Status of Latina Lawyers in the Legal Profession By Dolores S. Atencio 233 From Racial and Gender Bias to Diversity and Inclusion in the Legal Profession – A Collection of Asian Pacific American Stories By the Asian Pacific American Women Lawyers Alliance 243 Transgender Women of Color in Law By Mia F. Yamamoto 250 About the Authors 272 2014 Practice Round-Up 284 IILP Board of Directors 285 IILP Advisory Board 286 Partners, Allies and Friends 288 Acknowledgements 6 •••• IILP Review 2014 Diverse teams arrive at better and more creative solutions. Whether it is developing the next generation of lawyers, providing leadership in organizations that promote diversity, or working on legal matters with far-reaching impact, we strive to build diversity and inclusion in the legal profession, the community and our firm. We salute the Institute for Inclusion in the Legal Profession for its real-world, common-sense approach to addressing diversity in today’s legal profession. CHICAGO | LOS ANGELES | NEW YORK | WASHINGTON, DC JENNER & BLOCK LLP | 353 NORTH CLARK STREET, CHICAGO, ILLINOIS 60654-3456 | 312 222-9350 JENNER.COM IILP Review 2014 •••• 7 December, 2014 Dear Colleagues, It is with great pleasure that the Institute for Inclusion in the Legal Profession (“IILP”) presents the IILP Review 2014: The State of Diversity and Inclusion in the Legal Profession. IILP’s annual Reviews continue to serve as the hallmark of our desire to effect Real Change. Now. Each year’s Review summarizes key data; examines what the statistics mean in a practical sense; and showcases promising programs and strategies. In this and other ways, we are doing our best to inform, answer hard questions, and help move the profession closer to the state of diversity it needs to achieve. As before, thanks to the many contributors with whom we are honored to work, the 2014 Review offers many new insights and perspectives. This year’s IILP Review again features a comprehensive statistical analysis of diversity data by Professor Elizabeth Chambliss. In an effort to reflect IILP’s ex- pansion into the United Kingdom, we are also pleased to include data provided and analyzed by Nicholas Fluck of The Law Society of England and Wales and Sam Mercer of The General Council of the Bar of England and Wales. While the diversity challenges in our two countries are not identical, there are enough similarities that we can learn from each other and perhaps, in doing so, dis- cover new strategies and stimulate new approaches to address a long-standing problem. On behalf of IILP, I am delighted and grateful that so many members of the le- gal profession are finding the IILP Review a valuable and informative tool. IILP continues to receive great encouragement and support. For that we are most appreciative. With best wishes. Marc S. Firestone Chair 8 •••• IILP Review 2014 December, 2014 Dear Readers, The Institute for Inclusion in the Legal Profession (IILP) is proud to present the 2014 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 to make it easier for busy lawyers, judges, law professors, students, employers and diversity profes- sionals 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. Thanks to your efforts, this year’s IILP Review includes contributions from 32 people at the forefront of thinking and practice in the field, as well as reports and round- ups from an impressive array of professional and practice organizations in both the United States and the United Kingdom. We are delighted to present such a compre- hensive sampling of this important work and welcome the continuing development of 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 pro- fessionals, 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 2014 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 2014 •••• 9 10 •••• IILP Review 2014 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 programs, projects, research, and collaborations, it seeks real change, now, and offers a new model of inclusion to achieve it. IILP asks the hard questions, gets the data, talks about what is really on people’s minds, no matter how sensitive, and invents and tests meth- odologies that will lead to change. For more information about IILP, visit www.TheIILP.com. About the IILP Review: The State of Diversity and Inclusion in the Legal Profession The IILP Review features the most current data about the state of diversity in the legal profession, compelling essays that explore subtle issues of diversity and inclusion for lawyers, and current research from academic experts. As such, the IILP Review brings together general insights on programs and strategies to improve diversity and inclu- sion, as well as targeted articles about the different challenges faced by those seeking to survive and thrive as law students, lawyers, judges, and leaders.