Editor's note: This is the first half of a two-part guest column on diversity at law firms. The second segment will be published Thursday, Sept. 18, as part of a larger package on gender and ethnic diversity.

Over the last 20 years, there has been much discussion surrounding the need for equal opportunity and increased diversity in America's professional workforce. However, the legal profession, in particular, has effectuated little change.

Because we live in a pluralistic society, legal employers must move beyond the diversity rhetoric and take proactive measures to promote and sustain diversity in their legal businesses.

In order to promote and sustain diversity in the legal field, employers must have a clear understanding of what diversity in the workplace is and how it may impact their businesses.

What it means

Diversity has been broadly defined as significant differences among people. This view has been elaborated to include variations in all significant human attributes, such as communication style, education, family status, military experience, organizational role and level, religion, first language, geographic location, income, work experience and work style, all of which impacts a person's values, opportunities and perceptions in the workplace. A narrower interpretation of diversity is the legal model, which contemplates the inclusion of groups of persons protected by state and federal civil-rights statutes due to historical discrimination on the basis of race, color, sex, national origin and religion.

Most interpretations of diversity encompass the representation of significant human dissimilarities found within society at large. Therefore, we can define workplace diversity as "a plurality in the workplace that reflects considerable cultural differences existing in American society as a whole, including, but not limited to, race, ethnicity, gender, religion and sexual orientation."

Why it matters

The value of workplace diversity is often overlooked by legal employers. Diversity can lead to new and innovative means of organizational management and problem-solving. It places legal businesses in a better position to attract new clients and to understand and meet the needs of current clients.

Diversity can positively impact a legal business in the following ways:

1. Increasing the bottom line. The changing demographics of American society and the globalization of many law practices require legal businesses to market and advertise to diverse clients. Legal businesses that effectively recruit and retain a diverse staff will be more appealing to a changing clientele.

2. Creating a broad base of expertise and ideas. People with considerable cultural differences from the core group may live in different geographical areas, possess different educational experiences, associate with dissimilar groups of people, have varying perspectives on particular legal issues, utilize different problem-solving techniques and garner unique skills. The inclusion of people representing such differences creates a broad base of expertise in the workplace and can lead to the development of new ideas.

3. Stimulating growth. Diversity fosters the development of new ideas, which in turn plant the seed for the economic and intellectual growth of a legal business.

4. Reducing attrition. Legal businesses that nurture diversity may reduce attrition rates among minorities. A workplace that does not welcome cultural differences will likely suffer from high attrition rates with respect to those who do not fit into the majority.

5. Strengthening core social values. American society was founded upon the principle that diversity should be accepted, encouraged and appreciated. Policies aimed at creating and maintaining diversity in the workplace help to strengthen core social values.

Research

The legal profession is becoming increasingly cognizant of the benefits of diversity and the need for rapid progress in developing successful strategies to promote diversity. Several organizations have studied and evaluated the diversity problem.

The Minority Corporate Counsel Association published a research report in 2000 entitled "Creating Pathways to Diversity: A Study of Law Department Best Practices." The report articulated the following three steps toward achieving meaningful diversity in the nation's corporate law departments: Compliance, which involves drawing diverse employees into law departments in order to abide by employment laws and attain equal opportunity goals and objectives; diversity, or demonstrating an appreciation for gender and cultural variants leading to differing communication styles, perspectives and approaches to daily work tasks; and inclusion, fully recognizing the value of a diverse staff and utilizing their skills and talents.

In 2005, the MCCA conducted a further study to assess the progress of corporate law departments. The study revealed that while many legal departments had reached the inclusion phase, the majority remained in the diversity phase, unable to be truly inclusive.

The U.S. Equal Employment Opportunity Commission undertook an examination of the employment status of women and minority lawyers at law firms that employ 100 or more people. That study examines changes in the employment status of women and minority lawyers since 1975 and, using data collected by the National Association of Legal Placement, analyzes the relationship between associates and partners.

The EEOC reported an increase in the number of women and minority lawyers who received law degrees. The number of women receiving JDs grew from 33 percent to 48.3 percent from 1982 to 2002. The number of African-Americans grew from 4.2 percent to 7.2 percent, Hispanics grew from 2.3 percent to 5.7 percent, Asian-Americans grew from 1.3 percent to 6.5 percent and the number of Native Americans increased to 0.7 percent.

Simultaneously, the number of women and minority lawyers increased substantially from 1975 to 2002. The percentage of women lawyers increased from 14.4 percent to 40.3 percent, the percentage of African-American lawyers increased from 2.3 percent to 4.4 percent, the percentage of Hispanic lawyers increased from 0.7 percent to 2.9 percent, the percentage of Asian-American lawyers increased from 0.5 percent to 5.3 percent and Native American representation grew from 0 percent to 0.2 percent.

However, the study revealed a troubling disparity with respect to the chances of career advancement to partnership. The average number of white male partners in the sample firms was 62.88, while the average number of women partners was only 12.71, the average number of African-American partners was 1.076, the average number of Hispanic partners was 0.630 and the average number of Asian-American partners was 0.804. These statistics are significant, the report concluded, because "Given the power and influence that accompanies large law firm partnership, women's (and minorities') attainment within law firms has large societal ramifications for access and opportunities."

The American Bar Association Commission on Racial and Ethnic Diversity in the Profession published the report "Miles to Go 2000: Progress of Minorities in the Legal Profession," which also examines the representation of women and minority lawyers on a national level. The report notes that minority and female attrition rates in law firms remain high. It found that more than 50 percent of all minority associates leave firms within the first three years of practice due to professional isolation and immobility.

According to the ABA report, minority associates "face social and professional isolation in law firms and have difficulty gaining access to mentors and quality work assignments." The report cautions that "the legal profession - already one of the least integrated professions in the country - threatens to become even less representative of the citizens and society it serves."

In a subsequent report, "Miles to Go 2004: Progress of Minorities in the Legal Profession," the ABA commission noted that minorities are less likely to receive often-coveted jobs, such as judicial clerkships or associateships in private practice, after graduating from law school. Additionally, it found that minorities continue to be significantly less likely to advance to high-level jobs such as law-firm partner and corporate general counsel.

It reported that minorities represent only 4.4 percent of partners in the nation's largest 250 law firms and only 4.3 percent of general counsel in Fortune 1000 firms. Additionally, it has been reported that only 17 percent of partners in major U.S. law firms are women lawyers.

The Association of the Bar of the City of New York's Subcommittee on Recruitment and Retention researched recruitment practices and minority retention rates at law schools, law firms and corporate legal departments. The association issued a report in 1992 concluding that while the profession had made significant strides in focusing on hiring minority associates, it also needed to focus on promoting and retaining minority lawyers in order to sustain diversity.

What the studies mean

The results of these recent studies clearly show the need for further advancement of diversity in the legal profession, yet many legal employers have failed to institute a mechanism for change.

The MCCA's "Flash Survey on the Diversity Manager Position in Large Law Firms," which surveyed 196 firms, of which 72 responded, regarding diversity management programs. Half of the law firms responding indicated that they did not have a designated diversity manager or director of diversity responsible for developing and managing diversity programs, nor planned to designate one in the near future.

If the legal profession is to experience true diversity, legal employers must develop an understanding of diversity and its benefits, and then assess the diversity issue in their workplace and develop strategies for effectuating change where necessary.

Joseph Hanna is a lawyer at Goldberg Segalla LLP's Buffalo office. He can be reached at jhanna@goldbergsegalla.com.