Minority Issues, Women's Issues

Can Lawyers Of Color And Women Get Ahead Now?

There have been many opportunities for change and so far, the change needle has not moved very much.

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The pandemic has particularly hammered lawyers of color and women. ABA researchers fear that the disproportionate effects on those two groups will prompt them to leave the profession. This is exactly what we do not need to read.

Many of the conclusions reached in the ABA Practice Forward Survey will not surprise women and minority lawyers. Here are some of them:

  1. The childcare burden, already “women’s work,” has exacerbated the  disproportionate burden on women lawyers.
  2. Lawyers of color and women are now, more than ever, trying to decide if the practice of law is worth it and considering stepping back from the profession. (Not a good thing; the profession needs more women and minority lawyers, not less; it needs more lawyers who look like the minority-majority population already a reality here in California.)
  3. Another collateral effect is that women and minority lawyers have had less opportunity for client outreach (e.g., client retention and development). The study reports that over 90% of lawyers are spending more time on video or conference calls, but about 55% are spending less time on developing business or reaching out to clients. How does that bode for those who seek partnerships or shareholder status?
  4. One of the disturbing trends among the ABA members surveyed: “As shown by the data, members generally show much higher levels of stress in trying to manage work and home; higher levels of disengagement with the social aspects of work; and more frequent thoughts about whether full-time work is worth it.” I think the last issue is going to be front and center as firms return to whatever their postpandemic normal will be. Will working remotely still be a viable option for those lawyers trying to balance work with childcare (and let’s not forget eldercare) responsibilities?

Minority lawyers feel pandemic consequences even more. “Compared to a year ago, lawyers of color have even higher levels of stress about work; are more likely to think the day never ends; have greater difficulty taking time off from work; feel overwhelmed with all the things they have to do; feel it is hard to keep work and home separate; and find work disrupted by family and household obligations.”

What about job security, opportunities for advancement, and possible salary reductions for lawyers of color and women? Those stressors also increased during the past year. The survey found that “at the top of the list were (a) more worry about a salary reduction (55%), (b) worry about getting furloughed or laid off (40%), and (c) worry about advancement (28%).” These answers expressed the all too real fears faced during this past year or so. Both women and minority lawyers worry more about advancement and given the pokeyness with which women and minority lawyers are moving up in the profession, those worries are well-founded.

Bringing in the business, keeping it, and growing it are necessary to success. No surprise that the pandemic and the various stay at home orders made such activities exceedingly difficult, if not impossible. Schmoozing over a coffee or a cocktail on a Zoom call bears little to no resemblance to IRL get-togethers. “The greatest increase in difficulty was getting business from new clients — which 52% of lawyers reported as harder or much harder than last year.” In-person bar association mixers, CLE, networking, and client events all fell by the wayside.

One constant seems to be the continuing difficulty that women and minority lawyers have had in setting up client meetings. It is the same old, same old. “Women and lawyers of color reported the same level of difficulty as they experienced a year ago — suggesting that setting up client meetings has typically been more difficult for women and lawyers of color, and that level of difficulty continues.” Is it still going to be “eat what you kill?” or will there be sharing?

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The survey revealed that employers still have a long way to go to build inclusive environments for lawyers of color and women. Not at all surprising, but nonetheless disappointing. Another collateral consequence of the pandemic or an excuse for not doing more to move forward?

Suggestions for legal employers going forward are nothing new, but a rehash of what’s come before. We can recite them together: engaged, accountable, and transparent leadership; decisions that will positively impact DEI; frequent, transparent, and empathetic communications; written policies that set forth clear work expectations; more and better lawyer retention through part- and flex-time positions; using metrics to measure success; compensation systems review; greater parental support and resources; wellness and mental health programs; and for remote working, provide strong administrative and technical support. How many of these suggestions will truly take hold?

Recommendations for individual lawyers: set realistic expectations for yourself and those around you; negotiate boundaries at work and at home (does that email really have to answered at midnight?); know when to ask for support (and we lawyers think that we can do it all … not); stay visible with clients, partners, and others in the firm as well as in the legal community, even if it’s in a Zoom room; make sure you are getting what you need to advance your career; volunteer when/if you can; and, most importantly, take care of yourself.

I hope that things will improve for lawyers of color and women, but I am not optimistic. There have been many opportunities for change and so far, the change needle has not moved very much. What will it take not to just move that needle but push it forward in meaningful ways in this postpandemic world?

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Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at [email protected].

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