Paling by comparison

Rising to the top at the nation’s most powerful law firms is a tough job, especially for minorities and women, according to two new studies focusing on diversity at the nation’s top 200 law firms.
The surveys show that while minority groups and women were well represented in summer associate programs, the numbers dwindle drastically in the higher and more powerful positions.
The percentage of women in summer associate programs mirrored that of the population as a whole (51 percent), but those numbers dropped significantly among the ranks of new associates (33 percent). Meanwhile, minority representation among summer associates was below that of the general population and fell off dramatically among new associates (see accompanying chart).
The picture becomes even bleaker as you climb the law firm ladder, with minority women making up just 3 percent of the non-equity partners and 1 percent of the equity partners (see accompanying chart).
“It’s disappointing when you consider the significant numbers of [minority and women] law school graduates and practicing attorneys with significant experience representing clients,” said Veta T. Richardson, executive director of the Minority Corporate Counsel Association, which conducted one survey in conjunction with The Vault, which tracks law firm statistics.
Another study released last fall by the National Association of Women Lawyers painted an equally dismal picture. While women are well represented in lower levels at top law firms, they comprise only 28 percent of of-counsel attorneys, 26 percent of non-equity partners and 16 percent of equity partners.
When the survey looked at positions of power within law firms, women fared even worse. On average, about 16 percent of the members of the top law firms’ governing committees are women, and only 5 percent of managing partners are female.
“Anecdotally, we see women leaving large law firms in large numbers,” said Cathy Fleming, a partner in the New York office of Nixon Peabody and president of NAWL.

Lonely at the top
There is no simple explanation for the lack of diversity at the top of the nation’s premiere firms, since many factors have combined to produce the inequity.
“It’s not easy making partner at a law firm under any circumstances,” said Jimmie V. Reyna, a partner in the Washington, D.C. office of Williams Mullen and president of the Hispanic National Bar Association. “If you have a small universe of individuals that you are focusing on, the diversity of partners is going to be reflective of that universe.”
Reyna said a big problem in getting lawyers of color into top law firm positions is the lack of a pipeline.
“Right now there is a lot of talk about pipeline issues, so there is a focus on starting earlier – at the grade school level and the high school level – to start preparing people for a law school career,” Reyna said. “It’s going to take some time to see the results of that.”
Fleming warned there is a dangerous misconception about the low number of women in top law firms. “I think the assumption – and it’s an ugly rumor – is women leave to take care of children,” Fleming said. “It’s a dangerous assumption, and that is not what is occurring. The research does not support that.”
The real problem, she said, is law firm environments that are not supportive.
“I think women leave because they feel like they don’t succeed well,” Fleming said, adding that research shows the effect is sharpest on women of color, most of whom leave law firms in the first five years because they can’t interact with others like them in firms.
“They feel isolated,” Fleming said.

It’s hard to keep a good lawyer
While many observers believe there is a glass ceiling hindering the ascension of women and people of color, they also point to another cause: low retention numbers.
Keeping women and people of color at top law firms is difficult partly because, in an age when diversity is becoming a top priority, they are seen by other companies and firms as hot commodities ripe for the picking.
“You have outstanding minority lawyers and women attorneys in law firms that are hand-picked by companies that bring them in-house,” said Reyna. “You have a fair amount of outstanding women and minority lawyers who are also going into the public sector and government. And some decide to go out and open their own firms, and they are very successful at that.”
Richardson said anecdotally a number of attorneys are courted by outside employers, and if their law firms offer less than great environments for them, the other options are enticing.
“Particularly at more elite firms, the people they hire are highly educated, highly capable, intelligent people who in any environment would have a lot of options,” Richardson said. “A J.D. is a very marketable degree. A law degree provides a nice base for doing so many things.”

Cracking the glass ceiling
The solution is as complex as the problem itself, experts say. But they note a number of things law firms can do to attract and keep a diverse workforce:

Mentoring programs.
Having lawyers to connect with and guide law students and young associates is vital.
“Part of it is a generational challenge,” Richardson said. “Anecdotally, I’ve observed far fewer law school graduates expressing a desire at the time they start out in law firms of staying there long enough to make partner.”
Connecting with others in those positions can help change their minds, she said.
Professional development programs.
“People of ‘Generation X’ and ‘Generation Next’ are looking for more portable skills,” Richardson said.
And the programs have to be implemented in a way to make them accessible and attractive to young attorneys, particularly women and people of color.
“Firms have to be sensitive in helping develop young attorneys in a way that young attorneys can do it,” Fleming said. “The old practice of hanging out in locker rooms and playing sports isn’t going to work anymore.”

Focus on community.
“While certainly community service is important to attorneys of all races and backgrounds, more minorities attorneys tend to express an interest in community service and pro bono work,” Richardson said. “They are concerned about giving back to the community.”
Focus on family.
While women typically leave firms for other jobs rather than to stay home with children, they do tend to carry more of the load when it comes to caring for family. Law firms should be mindful of creating an environment that allows women to strike a work/family balance.
“Women, especially minority women, often have significant family life responsibilities,” Richardson said. “They are often caring for a child or a parent. There may be a higher instance of single parenthood. So it’s important to offer a life-balance program and things like telecommuting options for all women, but particularly minority women.”
In the end, progress will depend on creating a critical mass of diverse, successful attorneys who will draw more minorities and women seeking the same thing to the firm.
“The best way to keep women from leaving law firms is to make them happy in their jobs,” Fleming said. “If you have happy women at the firm, you are going to attract more happy women and keep them.”