Diversity and inclusion are areas that law firms typically struggle in compared to other industries. It’s no secret that the legal profession has fallen short of expectations regarding diversity and inclusion. There’s little prospect that this trend will improve anytime soon until it’s handled correctly. Law firm diversity and inclusion should be stressed, and new actions taken by the legal sector to enhance diversity and representation should be emphasized to correct this shortcoming. The fact is that the legal profession continues to be dominated by fairly homogeneous ethnic and gender groups. According to the most recent ABA National Lawyer Population Survey, 86% of attorneys are white, a figure that has been relatively constant over the last decade. Only 37% of attorneys were female, according to the report. Race or ethnicity, gender, disability, sexual orientation, and age are all variables that necessitate more inclusion.

While some modest improvements have been made, there is still considerable work to be done. According to the most recent NALP Report on Diversity in U.S. Law Firms, just 26.48% of associates are of color. Black lawyers have surpassed the 5% mark for the first time in history. Black women associates are considerably lower, at 3.04%, and they are the least represented group as partners, accounting for less than 1%. To make real progress, the legal profession must take the lead as leaders, counsels, and advisers and prioritize law firm diversity and inclusion.

A major obstacle to law firm diversity is racial bias in law firms. The phenomenon of racial bias is examined below in addition to strategies that can assist law firms in improving diversity and inclusion.

What Is Racial Bias?

The instinctive association individuals make between people and prejudices about the groups they belong to is called racial bias. Despite nondiscriminatory norms and standards, unconscious prejudice has entered organizations, and its impact can be observed in the legal industry. The key to dealing with this prejudice is recognizing it and devising tactics to counteract it. As millions of people in America and worldwide grapple with their unconscious discrimination, racial injustice, and institutional racism, addressing bias is critical. It’s critical to recognize that racism and bigotry exist in many aspects of society, including legal firms.

Inherent vs. Explicit Bias

Bias is difficult to define since it can be inherited or taught. It is almost often the outcome of deep-seated systemic difficulties. You may not be aware of your prejudice unless you engage in conscious self-reflection and live in a society that encourages you to do so. For example, you could dislike the name ‘John’ because you were bullied by a boy named John when you were a kid. You may still retain a prejudice towards people called John as an adult. You will never know unless you display enough self-awareness to detect your bias.

Strategies to Improve Law Firm Diversity and Inclusion

Implementing best practices and techniques for emphasizing diversity inside your legal firm is the greatest approach to addressing racial bias and discrimination. These techniques are most effective when they are developed and thoroughly implemented at all levels of a legal firm, particularly at the senior level. Below are a couple of strategies that can be applied at law firms to improve diversity and representation at all levels.

Review Data and Determine the Facts

It’s critical to properly review your organization’s data before implementing new procedures or regulations. One can detect places where diversity and inclusion are lacking. Is the firm’s aim to be more inclusive reflected in the people it hires? This applies to both associates and employees. What about the cases the firm is working on and the institutions with which it is affiliated? By evaluating this data, it is possible to discover what is working and what is not. This will assist the company in setting D&I goals and determining how to monitor them in the future. Make these figures and goals visible throughout the organization so that everyone is on the same page moving forward.

Create an Intentional Hiring Plan

If you want to promote law firm diversity and inclusion, you’ll need a strategy for embracing diversity when hiring new employees, from attorneys to supporting workers. Create a recruiting strategy that aligns with your company’s mission and values and promotes diversity. Knowing what the firm wants regarding its hires, what it doesn’t want, and where to look for them is crucial. You may be consistent and directed while hiring if you have this framework.

Make Diversity and Inclusion Goals Transparent

A law firm’s commitment to diversity and inclusion should never be kept secret. The objectives for pursuing D&I must be clear to be fair and equitable to all. Make them obvious and understandable to everyone in every department in the company and its outside partners. As measures for tracking success are defined, inform all departments of the results and set new targets for the future. This openness will benefit the entire business and will keep diversity and inclusion at the forefront of everyone’s minds.

Create Mentoring Programs With a Diversity Lens

When law firms participate actively and meaningfully in mentoring programs, they become stronger. It’s critical to develop more junior attorneys so that they receive useful experience and are exposed to problem-solving and innovative solutions to complicated legal situations. This way, they’ll benefit from the professional guidance of a more experienced lawyer. Successful mentoring connections result in deeper professional partnerships. As a result, there may be a stronger sense of community within the firm, longer tenure for attorneys, and even customer loyalty with succession in mind. Those in charge of the firm’s mentoring program should ensure that diverse mentors and mentees are represented. Cross-cultural communication skills should be taught during the mentoring program to enable mentors and mentees to move past any awkwardness or discomfort.

Work With Bar Associations

Law firms can broaden their D&I reach, learn, and engage in diversity programs by supporting diversity and inclusion efforts developed by bar associations. You may also foster diversity in the legal community in this way. Support might include promoting diversity initiatives by bar associations, encouraging firm attorneys to speak at events or volunteer, or offering financial support to programs.

Educate Teams to Recognize Bias

It’s one thing to tell your staff that diversity is important; it’s another to put it into action. However, improvement is unlikely unless significant efforts are made to detect and counter prejudice. Establish a process for each worker to learn about each other’s circumstances and personal stories in addition to providing team training on bias recognition. This expertise will aid in the firm’s diversification and brand development. Weekly lunchtime meetings (even through videoconferencing if your company works remotely) are an excellent opportunity to teach. Encourage attorneys to talk about who they are and what they’ve learned about this topic. The more they talk about it, the more at ease people will be.

Because inclusive teams represent the variety of our communities, they can make better judgments and come up with more creative solutions. This is crucial for a successful legal firm’s culture, profitability, and expansion. For years, the legal sector has underperformed in terms of both diversity and inclusion. Since white males make up the great majority of attorneys, there is a clear and pressing need for structural reform. Raising awareness of the problem and being a part of the solution is essential for change. The door to minorities can hopefully be opened by establishing new D&I-focused policies in law firms across the country.

HR Future Staff Writer