US law firms shed higher rate of minority attorneys, report finds
US law firms recorded higher attrition rates among minority US attorneys when compared to their white counterparts, according to a report by the American Bar Association (ABA).
Following on from its inaugural 2020 report, the ABA’s Model Diversity Survey—which surveyed 287 law firms comprising more than 100,000 attorneys—found that little had changed in a year regarding the low representation of minority groups.
While the study saw reduced attrition rates among white attorneys (12%), African-American/Black and Asian professionals represented the highest leavers, at 23% and 19% respectively.
More female attorneys left their jobs than their male peers, at 16% and 11% respectively – a finding that was consistent across the size of firms.
“As with the previous report the resounding message across all of these analyses is that sociodemographic status matters within law firms,” said the report’s authors. “That is, race, ethnicity, gender, LGBTQ+ status, and disability status all impact important career outcomes for attorneys across law firm sizes.”
The lion’s share
Overall, white male attorneys dominate law firm leadership, at 60%–70%, compared with 20–25% white female attorneys, 5%–8% racially and ethnically underrepresented male attorneys, and 2%– 5% racially and ethnically underrepresented female attorneys.
Regarding pay, white males take the lion’s share of the highest paid professionals, with 71% in the top 10% pay bracket. Their white female counterparts take 13%, and African-American and Black males and females take less than 1% at the larger firms.
“White attorneys, male attorneys, non-LGBTQ+ attorneys, and attorneys without disabilities dominate in representation within law firms and therefore in hires, promotions, leadership, and compensation,” the report said.
While recruitment rates decreased generally, white attorneys were almost twice as likely to be given partnership roles relative to other racial groups
Male attorneys were twice as likely as their female counterparts to be hired into equity partner roles, and female attorneys were “substantially” more likely to be hired as associates than male attorneys. However, both groups were on a par with regard to being hired into non-equity partner roles.
Most law firms surveyed did not hire a single attorney who identified as either Native American, Pacific Islander, LGBTQ+ or having a disability. LGBTQ+ attorneys were “substantially” less likely to be hired into partnership roles compared with their non-LGBTQ+ peers.
Attorneys with a disability were generally underreported and/or underrepresented at every level, as well as much more likely to work in the “other attorney” role compared with all other groups within law firms.
D&I policies on the wane
While 50% of firms reported having D&I policies in 2019, only about 29% reported having them in 2020.
The sociodemographic study examined the representation of lawyers according to race, gender identity, LGBTQ+, and disability status among the ranks of equity partners, non-equity partners, associates, counsels, and other attorneys with respect to eight categories within law firms, including recruitment, leadership, attrition and pay.
The report’s authors highlighted that the data is based on 2020 law firm demographics and may not account for the effects of the COVID-19 pandemic.
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