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Diversity Scorecard Level the Next It’S No Longer Enough to Say That a Firm with a Lot of Minority Attorneys Is Diverse

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Diversity Scorecard Level the Next It’S No Longer Enough to Say That a Firm with a Lot of Minority Attorneys Is Diverse diversity scorecard Level The Next It’s no longer enough to say that a firm with a lot of minority attorneys is diverse. How many minority partners does it have? By Emily Barker What’s the best way to measure diversity? Ever since we began publishing the Diversity Scorecard, we’ve kept to a simple definition of “diversity”: the overall percentage of minorities within a law firm’s total number of attorneys. The higher this percentage is, the higher a firm ranks on the Scorecard. That’s the principle behind our latest rankings, which begin on page 30. Topping the charts is New York’s Cleary Gottlieb Steen & Hamilton, a new winner, up from third place last year. Almost 27 percent of its attorneys belong to a minority group, an increase of more than four percentage points from our last survey. Palo Alto’s Wilson Sonsini Goodrich & Rosati is number two for the second year in a row, with 25.3 percent lawyers of color [see “Diversity 2.0,” page 46]. The top-ranked firm in 2006 and 2007, New York’s Paul, Weiss, Rifkind, Wharton & Garrison, fell to num- ber ten, with 22.1 percent minority lawyers, a three-percentage-point decrease. During the past few years, however, we’ve started to wonder whether this approach to ranking firms is missing something fairly important. After all, it assumes that all lawyers of color are more or less equivalent from a diversity stand- point. We give firms the same amount of credit for having a first-year minority associate as for a senior minority partner. But a glance at the Scorecard shows you that, at most firms, minority lawyers are concentrated in the ranks of nonpartners, such as associates and of counsel. diversity scorecard MOST DIVERSE Some of the most extreme examples made gains, now accounting for 6.1 per- are found at the top of the Scorecard. At cent and 3.1 percent of all lawyers in Highest Percentage of Minority New York’s Cravath, Swaine & Moore the firms surveyed, respectively. The Attorneys (Partners and Nonpartners) (number six this year) and New York’s proportion of African American lawyers, Cleary Gottlieb 26.9% Simpson Thacher & Bartlett (number though, remained fixed at 3.6 percent, Wilson Sonsini 25.3% 11), more than a fifth of each firm’s law- the same as it was last year. Fenwick & West 23.2% yers are attorneys of color. Yet minority Encouragingly, we found that large lawyers make up less than 4 percent of firms are promoting more minority Knobbe, Martens 23.2% each firm’s partnership. The low figures associates to partner. That’s a key met- Orrick, Herrington 22.8% are even more striking when you look ric: Making more partners of color—as Cravath, Swaine 22.5% at actual numbers. Cravath has only two opposing to hiring laterally—is the most White & Case 22.5% minority partners, Simpson Thacher only effective way for firms to increase the Townsend and Townsend 22.3% six. It’s hard to argue that these firms pool of minority partners for the long Morrison & Foerster 22.2% really are among the most Paul, Weiss 22.1% diverse in the country when Davis Polk 22.0% their percentage of minor- About two-thirds of firms surveyed Simpson Thacher 22.0% ity partners is well below promoted at least one minority Milbank, Tweed 21.6% the average of the entire Scorecard, 6.2 percent. Debevoise & Plimpton 20.9% lawyer to partner last year. So this year, as we pre- Munger, Tolles 20.9% pared the Diversity Scorecard, we spent term. The percentage of minority lawyers Weil, Gotshal 20.8% some time pondering alternative ways of among new partners saw an uptick from Latham & Watkins 20.7% ranking firms, and we came up with a 11 percent to 13.3 percent—a total of Curtis, Mallet 20.4% new formula. Why not measure a firm’s 279 partners—with the biggest increase Best Best 20.1% diversity by combining its percentage of among Hispanic lawyers. (In 2007 3.4 O’Melveny & Myers 19.4% minority lawyers with its percentage of percent of new partners were Hispanic, minority partners? That way, we can rec- up from 2.5 percent the year before.) ognize a firm’s progress in adding attor- Overall, about two-thirds of the firms MINORITY PARTNERS neys of color at all levels—but especially surveyed promoted at least one minority at the most senior levels. lawyer to partner. However, the racial Highest Percentage For now, it’s a thought experiment. distribution of new partners remains rel- Curtis, Mallet 19.2% But next year will be different. We’ll start atively skewed: Almost half were Asian Wilson Sonsini 17.0% ranking firms using the new formula, American. Black lawyers made up about Knobbe, Martens 14.9% looking at partnership diversity as well as a quarter of new partners, and Hispanic overall diversity. How will your firm fare? lawyers another quarter. Irell & Manella 13.9% Our methodology this year includes Munger, Tolles 13.6% TAKEN AS A WHOLE, this year’s Diver- a few minor changes. As always, we White & Case 12.6% sity Scorecard results show that firms were most interested in the diversity of Akerman Senterfitt 12.2% continue to inch toward greater diver- firms’ American lawyers. In the past, Shook, Hardy 11.9% sity. We sent the survey to 254 firms that Townsend and Townsend 11.8% are among The Am Law 200 or The NLJ OVERALL DIVERSITY Best Best 11.5% 250 or both—the largest and richest law firms in the country. A total of 211 firms Among all U.S. attorneys, partners and Highest Number responded, compared to 209 in 2007. nonpartners Greenberg Traurig 68 What we found was that the percent- age of minority attorneys at all firms African Holland & Knight 63 Americans increased from 12.4 percent in 2006 McDermott Will 48 3.6% to 13.4 percent in 2007. That rate of Kirkland & Ellis 44 increase—about one percentage point Asian DLA Piper 42 Americans per year—has been steady for the past 6.1% Sidley Austin 42 three years. The proportion of minor- Kirkpatrick & Lockhart 38 ity partners—including both equity and Hispanic Americans White Jones Day 36 nonequity partners—edged up from 5.7 3.1% Americans Littler Mendelson 34 percent to 6.2 percent. (As usual, we 86.6% asked firms to give us statistics as of Sep- Other Akin Gump 33 Minority Foley & Lardner 33 tember 30 of the previous year—in this Americans Lewis, Brisbois 33 case, September 30, 2007.) 0.6% Asian Americans and Hispanics both diversity scorecard PARTNERS VS. NONPARTNERS we asked for figures on the number of all firms surveyed said they employed a minority attorneys who are U.S. citizens, full-time diversity director. (Among the Among all U.S. Among all U.S. but many firms have told us that this was top 20 firms on the Scorecard, the pro- partners nonpartners burdensome, so this year we began ask- portion was 65 percent.) Firms reported 93.8% ing simply for statistics on the number a range of diversity-related initiatives, 81.6% of minority attorneys working in a firm’s including minority scholarships, affinity U.S. offices. As a result, firms that have groups, expanded recruiting, retreats a significant presence abroad may get a and workshops for minority lawyers, slight boost in their minority numbers if and improved coaching and mentor- they have lawyers of color from overseas ing for all associates. In one of the working in the firm’s U.S. offices. Like- more intriguing programs, Finnegan, wise, if a firm has minority U.S. attorneys Henderson, Farabow, Garrett & Dun- 18.4% stationed in foreign offices, its minority ner (number 24 on the Scorecard), a head count would drop slightly. For most Washington, D.C., intellectual property 6.2% firms, however, the change should be firm, said that it sends lawyers to teach negligible. a patent law course at Howard Univer- White Minority White Minority For the first time, we asked firms to sity in hopes of expanding the number Americans Americans Americans Americans describe their diversity efforts. Half of of minority candidates who have both A NEW MEASURE OF DIVERSITY How firms will rank under our revised formula. Revised Diversity Minority Percentage Minority Percentage Total Score Revised Diversity Minority Percentage Minority Percentage Total Score Rank Firm Name All U.S. Attorneys All U.S. Partners Rank Firm Name All U.S. Attorneys All U.S. Partners 1 Wilson Sonsini 25.3% 17.0% 42.3 26 Shearman & Sterling 19.1% 7.3% 26.4 2 Curtis, Mallet 20.4% 19.2% 39.6 30 Shutts & Bowen 15.1% 11.2% 26.3 3 Knobbe, Martens 23.2% 14.9% 38.1 31 Akerman Senterfitt 13.8% 12.2% 26.0 4 Cleary Gottlieb 26.9% 10.4% 37.3 32 Simpson Thacher 22.0% 3.9% 25.9 5 White & Case 22.5% 12.6% 35.1 33 Hughes Hubbard 18.6% 7.1% 25.7 6 Munger, Tolles 20.9% 13.6% 34.5 33 Lewis, Brisbois 15.8% 9.9% 25.7 7 Townsend and Townsend 22.3% 11.8% 34.1 35 Schulte Roth 19.2% 6.4% 25.6 8 Orrick 22.8% 9.8% 32.6 36 McKee Nelson 17.7% 7.8% 25.5 9 Paul, Weiss 22.1% 9.6% 31.7 37 Boies, Schiller 14.9% 10.5% 25.4 10 Best Best 20.1% 11.5% 31.6 38 Arnold & Porter 16.5% 8.3% 24.8 10 Morrison & Foerster 22.2% 9.4% 31.6 38 Cravath 22.5% 2.3% 24.8 12 Davis Polk 22.0% 9.2% 31.2 40 Sidley Austin 17.5% 7.2% 24.7 13 Milbank, Tweed 21.6% 8.8% 30.4 41 Bingham McCutchen 15.9% 8.7% 24.6 14 Fenwick & West 23.2% 7.1% 30.3 41 Paul, Hastings 15.9% 8.7% 24.6 15 Littler Mendelson 18.5% 10.5% 29.0 41 Thacher Proffitt 15.3% 9.3% 24.6 15 Weil, Gotshal 20.8% 8.2% 29.0 44 Finnegan, Henderson 18.6% 5.7% 24.3 17 Howrey 18.5% 10.3% 28.8 45 Crowell & Moring 15.4% 8.7% 24.1 18 Kenyon & Kenyon 18.5% 10.2% 28.7 46 Kirkland & Ellis 14.9% 9.0% 23.9 19 Latham & Watkins 20.7% 7.5% 28.2 47 Epstein Becker 14.7% 9.1% 23.8 20 O’Melveny & Myers 19.4% 8.6% 28.0 47 Holland & Knight 14.3% 9.5% 23.8 21 Akin Gump 17.5% 10.1% 27.6 49 Ruden McClosky 17.4% 6.1% 23.5 21 Carlton Fields 16.8% 10.8% 27.6 50 Shook, Hardy 11.5% 11.9% 23.4 23 Irell & Manella 13.6% 13.9% 27.5 51 Greenberg Traurig 14.4% 8.9% 23.3 24 Manatt, Phelps 19.0% 8.4% 27.4 52 Skadden 16.8% 6.4% 23.2 25 Debevoise 20.9% 6.1% 27.0 53 Ropes & Gray 15.5% 7.5% 23.0 26 Baker & McKenzie 16.7% 9.7% 26.4 53 Wilmer 16.1% 6.9% 23.0 26 Dewey & LeBoeuf 18.5% 7.9% 26.4 55 McDermott Will 14.3% 8.6% 22.9 26 Pillsbury Winthrop 17.1% 9.3% 26.4 56 Gordon & Rees 14.2% 8.6% 22.8 diversity scorecard ETHNIC BREAKDOWN law and science degrees.
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