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THE
NUMBERS
Although
comprehensive numbers regarding the participation of people of color in the profession
and provision of pro bono services in communities of color remain elusive, some
statistics are available through the Bureau of Labor Statistics, the U.S. Census
Bureau, the American Bar Association, and local bar and professional associations:
Diversity in the Profession
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Combined African American and Hispanic representation among lawyers was 7%
in 1998. Asians were not reported separately. Today, total minority representation
in the profession is about 10%, an increase largely attributable to greater participation
and reporting of Asians. Less than 1/4 of 1% of lawyers are American Indians.
Overall minority representation in the profession is still significantly lower
than in most other professions.
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Less than 3% of all partners in the nation's law firms are racial minorities,
and that number falls to less than 2% in the largest and most profitable firms.
In the 77 largest firms in New York City, 34 out of 4400 partners are African
American—a rate of 3/4 of 1% In the 40 largest firms in Chicago, only 46
out of almost 3000 partners are African American. One in ten of the nation's largest
firms has at most one minority lawyer. Asian Pacific Americans account for 1%
of partners at major law firms.
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There are fewer active African American federal appellate judges today than
when Jimmy Carter was President. We have moved backwards despite the addition
of forty-seven seats to the federal Courts of Appeals between 1979 and 1999. Three-quarters
of the federal circuit courts now have either no African American or no Latino
jurist. Asian Americans account for only 7 of 748 federal judges. There is only
one Native American Federal Judge. The Fourth Circuit, which has jurisdiction
over a higher percentage of African American citizens than any federal circuit
except the District of Columbia, has never had a black appellate judge. And the
state courts are frequently even less diverse. In Florida, for example, seven
out of every ten judges in the court system are white men.
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People of color comprise about 15% of judicial law clerks.
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The proportion of students of color enrolled in law schools has doubled since
1986. However, over the past five years, minority law school enrollment has increased
only 0.4 percent, the smallest five-year increase in 20 years. In 1999, the total
number of minority law graduates in the United States dropped for the first time
since 1985. Nationally, minority representation among law students is holding
at about 20% despite dropping significantly in top public law schools in states
banning affirmative action. But only 7.2% of law students are African American,
and blacks represent 12.1% of the general population. The disparity among Latinos,
5.5% of law students versus 11.6% generally, is even greater.
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Minority representation among general counsel in the Fortune 500 is 2.8%.
Only 14 General Counsel of Fortune 500 companies are minorities, and 11 of them
were named in the last four years. Overall, lawyers of color comprise less than
10% of the nation's corporate counsel legal staff.
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Progress has been especially slow for women of color in the profession. Minority
men significantly outnumber minority women in most upper-level jobs. Minority
women make up less than 1% of capital partners in Chicago, and only 1.2% of income
partners. There is only one minority female general counsel in the Fortune 500,
only six minority female federal appellate judges, and two minority female law
school deans. Law firm attrition rates for minority women are higher than for
any other group. Fully 12.1% of minority women leave their firms within the first
year of practice, and over 85% leave by the seventh year.
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Pro Bono Services
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According to 1998 Census Bureau numbers, almost forty million Americans live
at or below the poverty line. Almost 20% of children are poor; 44% of all African
American children and 42% of all Latino children under the age of six live in
poverty. Native Americans are the shortest-lived, least educated, and poorest
segment of U.S. society.
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It is estimated that one-half of all low-income households have at least
one serious legal problem each year, but three-quarters have no access to a lawyer.
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Studies conducted by the American Bar Association and other legal services
and bar associations indicate that the current level of pro bono services is meeting
20% of the legal needs of the poor.
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Legal Services Corporation (LSC) funding has been cut for several years.
In 1981, the LSC funding level was $321 million. Adjusted only for inflation and
not for the interim growth in the poverty population, an appropriation for 1999
of more than $600 million would have been required just to stay even. 1999 funding
was in fact only $300 million. Funding for 2000 is $305 million, $35 million less
than requested by the LSC and the Clinton Administration. These funding levels,
along with program cutbacks and consolidations, do not meet the needs of our communities.
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Over the past ten years, the average gross revenue of the most successful
law firms in the country increased by 56% to $265.5 million. During the same period,
average annual profits per partner rose by 34% to $755,000 (adjusted for inflation).
Since 1992, when record keeping changed, the average number of pro bono hours
worked by lawyers in the "American Lawyer 100 Firms" decreased by 35%
to 36 hours and 18 minutes a year, or eight minutes a day.
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The ABA Model Rules of Professional Conduct Rule 6.1 specifies that a lawyer
should aspire to at least 50 hours a year of pro bono service. Only 18 of the
"American Lawyer 100 Firms" meet the Model Rules' standard.
Lawyers For One
America
On July 20, 1999, a Presidential Call to Action was made to
the legal profession. President Clinton, together with Attorney General Janet
Reno and Deputy Attorney General Eric H. Holder, Jr. appealed to lawyers to ensure
both that the legal profession reflects the diversity of the society we serve,
and that the profession provides full service to communities of color so that
those communities can enjoy equal access to our system of justice.
Lawyers For One America (LFOA) was formed in the Fall of 1999 in response to
the President's Call To Action. A non-profit organization, LFOA assists lawyers
and their organizations from every segment of the profession to take on this mission,
and to ensure that no one is barred from participating in or accessing the legal
profession and its services.
 Participants
in the LFOA collaboration include: The Coalition of the Bars of Color; the American
Bar Association; the American Corporate Counsel Association; the Association of
American Law Schools; the Conference of Chief Justices; the Lawyers' Committee
for Civil Rights Under Law; the National Association of Public Interest Law; bar
associations; corporate law departments; law firms; law schools; and legal services/public
interest organizations. The collaboration provides officials in the White House
and the Justice Department with periodic reports on the progress of the LFOA initiative.
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Lawyers For One America represents a watershed event for the legal profession.
It is a collaborative effort that is unique in bringing together many disparate
constituencies within the profession that have been working on diversity and pro
bono issues from their various perspectives. It provides a consensus-oriented
environment that is informed by previous work. Recognizing that one size does
not necessarily fit all, collaborators offer individualized strategies and programs
to address the unique issues of the different ethnic, racial and professional
groups they represent.
In one year of existence, to achieve its mission for diversity and equal access
to justice, Lawyers For One America has:
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Collected information about practices and programs within the legal profession
that are aimed at increasing diversity within the profession at all levels, and
increasing access to legal resources to assist people and communities of color
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Magnified the work of the lawyers and organizations participating in this
effort so that their coordinated efforts can be of exponential value, and their
stakeholders more informed and united in this effort
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Identified the leaders of the legal community who are not yet pursuing the
goals of LFOA, and obtained their commitment to take action in furtherance of
those goals
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Sought more active involvement from all sectors of the legal community by
developing avenues of participation in LFOA efforts that are targeted to draw
from their strengths
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Surveyed, collected and disseminated information about model practices and
programs for enhancing diversity and access to legal services from the individuals
and organizations that are making a difference, and developed means that will
allow other organizations to adopt those practices and programs
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Established several Action Teams to develop and implement facets of LFOA's
strategic plan, including: Creating a database of successful practices and programs;
working with BusinessLINC programs in Atlanta, New York, and San Francisco; and
developing the Insurance Panel Project, the Minority Clerkship Project, and the
Internet Interactive Placement Project
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Provided the means by which all stakeholders in the legal profession—lawyers,
law schools, law firms, corporate employers of lawyers, bar associations, public
interest organizations, government agencies, the judiciary, and others in the
legal community—can collaborate with LFOA to actively pursue equal justice and
diversity
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Produced a videotape, "Bending the Arc Toward Justice", highlighting
some of the beneficiaries of LFOA's initiative and programs, for distribution
to the profession
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Developed and used an LFOA Website as an integral component of this mission
and strategic plan. The site functions as a clearinghouse of information of model
programs and practices in diversity and access to lawyers. It also serves as a
connection point for the sites of our participating organizations. It can be accessed
at www.lfoa.org
Report to
the President
Lawyers For One America produced this Report to the President
of the United States on the Status of People of Color and Pro Bono Services in
the Legal Profession. The Report is a record of LFOA's accomplishments, a
resource for those wishing to join in reaching LFOA's goals, and a road map for
LFOA's aspirations going forward.
As a baseline of diversity and pro bono efforts, the Report describes the foundation
in place for achieving the goals of Lawyers For One America, as reflected by the
numbers and anecdotal evidence of progress. It is not intended to be comprehensive,
but rather an illustration of the work of the lawyers and organizations that are
part of the LFOA collaboration. Participation in LFOA is totally voluntary, and
self-reported. Consequently, many public and private legal organizations are not
represented. LFOA applauds and supports the efforts of all legal practitioners
and providers to diversify the profession and increase pro bono services.
The Report is not intended to stand alone. The organizations that have participated
in the LFOA collaboration will continue to promote their own individual programs.
And, where appropriate, they will form joint ventures with others in the profession,
forming new programs often modeled in whole or in part on best practices and model
programs identified by LFOA.
The Report speaks to the status of the profession, in the voices of the collaboration.
It provides Recommendations to the legal profession to increase diversity within
its ranks and open access to legal services, especially to communities of color.
It includes Declarations of Action from all segments of the profession, detailing
the practices and programs of a constellation of practitioners. It provides a
set of model practices and programs. And it offers a comprehensive resource of
LFOA collaborators and how to contact them.
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