Over the last several weeks, the nation has been engaged in a conversation about race, focusing on the unique challenges faced by Black Americans. Law firms have not been isolated from that conversation. Although law firms have dedicated efforts over recent years to recruit and retain attorneys that are diverse in race, sex, and gender identity, the general consensus is that law firm partnerships do not always reflect the diversity of Americans.

According to the 2019 Vault/MCCA Law Firm Diversity Study, 81.69% of lawyers in law firms are white or Caucasian. The numbers are even less representative at the partnership levels, where 89% of partners are white, less than 24% are women, 2% are Black, less than 3% are Hispanic or Latinxs, less than 4% are Asian American, and less than 2% are openly LGBTQ+.

Lawyers have been addressing injustices in the practice of law for years, whether by prioritizing diversity in recruiting or by discouraging harassment in all forms. For example, the ABA adopted Rule 8.4(g) of the Model Rules of Professional Conduct, which provides that it is professional misconduct for a lawyer to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.”

Law firms and lawyers generally recognize that there is a long way to go to move the practice of law forward, particularly given the fact that the practice of law, as an industry, tends to be traditional and sometimes moves slowly. Here are some steps that lawyers and law firms are taking both to recognize inequities inherent in the practice of law and to attempt to remedy them.

Conducting a Self-Audit

Attorneys in law firms can take a look at their own practices. Where attorneys have authority, whether through being leaders in the firm or in staffing their own cases, it can be helpful to provide a candid self-assessment. Are you promoting diversity within your firm and on your own team? Are you ensuring that opportunities are equally available? Are you mentoring or advocating for attorneys and employees who may not have sufficient support? Are you hiring or staffing diverse attorneys and employees?

As many experts in these issues have stressed, it is not enough to simply have diversity within a law firm. The key is inclusion. This means including diverse attorneys and staff in positions of leadership, including diverse attorneys and staff in business development and/or client-facing opportunities, and including diverse attorneys and staff in high-profile matters.

The Importance of Mentoring

Under Rule 5.1, a law firm partner or managerial lawyer has an ethical duty to supervise junior lawyers. Beyond this ethical obligation to help ensure that junior lawyers are meeting the standards of the profession, supervising lawyers also can help the next generation of practitioners by creating a supportive relationship through mentoring.

In order to help younger attorneys, law firms can consider promoting both official and unofficial mentoring programs. Mentors can range from peers to senior attorneys in the firm. These channels serve two purposes. First, they can match struggling young attorneys with someone to whom the attorney can privately discuss any concerns or issues. Second, they often allow more senior attorneys to identify individuals that may need other assistance or support.

Junior attorneys can also benefit from having multiple mentors, including both mentors who can advise on routine practice tips as well as mentors who are specifically selected based on a mentee’s circumstances (such as a BIPOC mentor or a LGBTQ+ mentor) and can provide advice or guidance tailored to the mentee’s unique challenges. A mentor who has also experienced a mentee’s challenges to success can serve as an example of a potential path forward as well as a supportive or advocating voice.

Mentorships between senior and more junior attorneys are often advantageous to both the mentor and mentee. Mentoring can promote long-term loyalty, job satisfaction and retention or development of professional skill in a mentee. Mentoring also can lead to better client services and the expansion of opportunities for those typically underrepresented in the legal profession.

Firm Culture Can Help

Some firms have been successful in creating a culture where it is clear that discrimination and harassment are not tolerated. However, that does not mean that discrimination or harassment only occurs at firms that have a culture that permits such misconduct. To address these issues head-on, firms around the country are having difficult conversations about diversity and the challenges that their attorneys and employees face inside and outside the firm. Firms are also stressing the importance of listening to colleagues and of appreciating the unique challenges that diverse attorneys face.

Experts advise, however, that it can be helpful for firms to acknowledge that addressing inequities in law firms will not be solved in a single day, but may take significant and conscientious effort to confront biases and roadblocks. Even acknowledging that challenges exist can serve as a critical beacon to attorneys and employees that the firm is taking a stand against racism and against exclusion.