Leopard Solutions has been measuring underrepresented groups in our database since the fall of 2020. We added those important data points during a troubling time in order to help law firms more easily find diverse attorneys to bring into their hiring process. We have presented updates on diversity each year and have marked the slow but steady changes within the Top 200 and other firms. We have seen some firms make great strides with their DE&I (Diversity, Equality, and Inclusion) initiatives and see that others have been slower to improve. Improvement in overall DE&I hiring to create a more balanced firm ecosystem is now imperiled by the recent Supreme Court decision and the actions of GOP lawmakers.
Thirteen Republican state attorneys general cautioned CEOs of 100 of the largest U.S. companies on the legal consequences of using race as a factor in hiring and employment practices. Sen. Tom Cotton recently sent 51 top law firms a letter saying that their clients, as well as themselves, might be violating federal law thanks to the recent decision regarding entrance to law schools. Some of the largest and most prestigious law firms received his letter in which he states, "To the extent that your firm continues to advise clients regarding DE&I programs or operate one of your own, both you and those clients should take care to preserve relevant documents in anticipation of investigations and litigation." (The full letter from Sen. Cotton can be read here.)
The threat takes direct aim at DE&I initiatives that have been in place to address the inequality within the legal industry related to gender and race, and other protected classes. On July 19th, a group of Democratic U.S. state attorney generals pushed back against those claims. They said the Republican officials were wrong to cite the recent decision in this fashion and that the ruling had no bearing over hiring practices at law firms and companies.
One thing is clear; this is not the end of this fight. Experts predict legal action down the road and see the letter as an opening salvo in a larger battle. The legal world already expected that the hiring of underrepresented groups would contract in the next few years. They suspect fewer will attend college, and even fewer will gain entrance into the elite colleges where they typically recruit. This fight could make those decreases even larger by giving licenses to some to drop their DE&I initiatives.
Having been part of the industry and reporting on diversity data, I see the vital role that DE&I professionals play in providing input and monitoring the impact of affirmative action in the legal workforce. The recent developments surrounding affirmative action have sparked meaningful discussions about the necessity of creating a level playing field for underrepresented groups. As the legal industry evolves, it is crucial that we evaluate the long-term effects of affirmative action and ensure its effectiveness in promoting true equality. We are surveying to provide insights into what initiatives have been in place and what are working. With the past two decades of data Leopard Solutions has been tracking, we aim to identify trends and strategies that will continue to promote diversity. With the recent ruling, we expect much upheaval to come. If you are working in a DE&I capacity in a law firm, please participate!
As DE&I professionals, you have a unique perspective on the challenges faced by marginalized communities. You can help identify potential biases and ensure that law firm policies are designed to address inequality effectively. By examining data and conducting thorough analyses, we hope to develop strategies that provide equal opportunities without disadvantaging any group. Monitoring the fairness of affirmative action policies is essential to maintain public trust and ensure their long-term success.
The recent Supreme Court decision on affirmative action has significant implications for law firms. How it will change the focus of DE&I within the legal profession is still too early to tell. But the continued need to address historical disparities remains. Law firms must continue cultivating an equitable and inclusive legal landscape by proactively implementing policies promoting diversity, confronting implicit bias, and staying compliant with legal requirements. Its success lies in the hands of DE&I professionals who provide input and monitor its impact over time. You can help advocate for firm policies to remain effective, fair, and inclusive through your expertise. We will report on the survey results and what our data tells us in the coming months. Join us to inform the industry. Let us seize this moment to build a legal profession that upholds the values of fairness and justice.
Learn more about Leopard Solutions Diversity here.
