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Sobering statistics on diversity

MBLA is working to increase the number of black law partners

Eliza Dewey
Sobering statistics on diversity
"These programs and opportunities are necessary, but not sufficient, avenues to address the lack of diversity.”— Angela Gomes, President-elect, Massachusetts Black Law Association (Photo: Photo courtesy MBLA)

While it might not seem surprising that a glass ceiling still exists for black lawyers, recent studies have shown that the picture has gotten measurably worse in recent years.

The latest diversity scorecard from The American Lawyer, published last May, showed that the already low numbers of African American partners at large law firms nationwide further decreased in the five years since the recession. Black lawyers in that survey accounted for just 1.9 percent of partners overall. Another study published in 2013 by the National Association of Law Placement added another sobering statistic to the picture: only 0.6 percent of all partners in that study were African American women.

The reason for this racial gap has been debated by academics and stakeholders for years, yielding a wide range of potential explanations — racial bias at law firms that impacts assignments and promotions; barriers to social networks necessary for career advancement; the exodus of black lawyers from firms to government and corporation jobs; well-intentioned but misguided affirmative action policies that backfire; and the expanding definition of diversity to include many ethnic groups, which allows employers to tout their high “diversity” rating while the number of black attorneys declines.

The Massachusetts Black Lawyers Association is working to tackle the problem by providing attorneys of color with opportunities for professional development. The organization is now in its 42nd year and boasts a membership of more than 200 lawyers and law students.

Doreen Rachal, the MBLA’s President, says that one of the main reasons for the racial disparity in the partnership ranks is a mentorship gap.

“There is an absence of advocates at firms who are committed to ensuring that African American lawyers receive meaningful opportunities and visibility at the firm,” she says.

Dominic Blue, a former MBLA President, emphasizes the importance of visibility in encouraging younger lawyers.

“It doesn’t help that there are a low number of black lawyers in firms,” he says. “The trend can be self-perpetuating.”

A lawyer at a large firm in New York summed up the dilemma she and many young black attorneys face.

“It’s the same old white boys club that it has always been, with little to no examples of attorneys who look like me at the top,” she said, speaking on the condition of anonymity. “That inevitably causes me to question my future here.”

Development series

As part of its efforts, the MBLA created a professional development series in 2010 called the Rainmakers’ Roundtable under the leadership of then-President Damian Wilmot. The program is held several times each year and was developed with the assistance of leaders in the legal community and past MBLA members, including Wayne Budd, Ralph Martin, Flash Wiley, Walter Prince, and Steven Wright.

The most recent Rainmakers series, hosted in February, focused on the topic of bidding for new business for one’s firm. The ability to attract new clients plays a key role in a lawyer’s promotion to partner.

Rachal says that bidding for new clients often coincides with the issue of racial biases in firms.

“There seems to be a general sense that African American attorneys may be held to higher standards, including an expectation that they have a developed book of business, when partnership decisions are being made,” she says.

The phrase ‘book of business’ describes the collection of clients a lawyer has collected over his or her career.

In addition to the Roundtable, the MBLA has also created a committee called the MBLA Academy to develop continuing education courses for members. The Academy executed three programs this year focused on ethics, evaluating financial statements, and written and oral advocacy. The Academy also developed a program for junior attorneys with less than five years experience in response to recent findings that African Americans generally received harsher workplace feedback than their peers.

Of course, the racial gap does not just come from the employee side of things. Dominic Blue adds that another reason for the racial divide is the fact that buyers of legal services are not demanding a change.

“Buyers need to be more proactive about hiring and firing firms based on their commitment to diversity,” he says.

Blue points out that such a commitment covers not just surface-level statistics about a firm’s demographics, but also more complex matters such as compensation and power structures within the firm.

MBLA President-elect Angela Gomes, who will assume her position on April 21, puts MBLA’s work into a larger context.

“These programs and opportunities are necessary, but not sufficient, avenues to address the lack of diversity,” she says.

Still, Gomes says she looks forward to continuing the organization’s work to help create a change in the status quo.

This article appears in the May issue of Banner Biz which you can read here.