COMMISSION ON RACIAL & ETHNIC DIVERSITY IN THE PROFESSION
EXECUTIVE SUMMARY

The Commission on Racial and Ethnic Diversity in the Profession (formerly the Commission on Opportunities for Minorities in the Profession) was created in 1986 to promote the "full and equal participation" of minorities in the legal profession. As part of this effort, the Commission serves as a clearinghouse for data regarding the status of minorities in the profession (see Miles To Go: The Progress of Minorities in the Legal Profession, 1998). Such data are critical for assessing the profession's progress toward "full and equal" racial integration. In this Report, the Commission takes stock of the profession's progress as of 2000. Its goal is to provide a current, comprehensive picture of the status of minorities in the profession and to use this information to help the profession set an agenda for effective future action. The Report is based on a comprehensive review of academic, government, professional, and popular data sources, and covers information released as recently as May, 2000. Its main substantive findings are as follows:1. Minority representation in the legal profession is significantly lower than in most other professions.- Total minority representation in the profession currently is about 10 percent. - Combined African American and Hispanic representation among lawyers was 7 percent in 1998, compared to 14.3 percent among accountants, 9.7 percent among physicians, 9.4 percent among college and university teachers, and 7.9 percent among engineers. The only professions with lower levels of minority representation were dentists (4.8 percent) and natural scientists (6.9 percent). The United States population is projected to be almost 60 percent "minority" by 2050.2. Minority entry into the profession has slowed considerably since 1995.- Nationally, minority representation among law students is holding at about 20 percent, despite the effects of voter initiatives and lawsuits banning affirmative action in law school admissions. However, the growth in minority law school enrollment, which had been steady since 1985, ended in 1995. Over the past five years minority law school enrollment has increased only 0.4 percent, the smallest five-year increase in 20 years.- Minority enrollment has dropped significantly in top public law schools in states banning affirmative action. Last year, there were only two African Americans in the UCLA first year class; and only two African Americans and four Hispanics in the University of Washington Law School first year class.- In 1999, the total number of minority law graduates in the United States dropped for the first time since 1985. 3. The distribution of minority lawyers still differs significantly from that of whites.- Minorities are more likely than whites to enter government, public interest, and business, and less likely to enter private practice. In 1998, only 49.5 percent of minority law graduates entered private practice, compared to 57.1 percent of whites. African Americans, in particular, are less likely than other groups to enter private practice.- Minority women are especially likely to take government and public interest jobs. In 1998, 23.6 percent of minority females graduate entered government or public interest, compared to 18.9 percent of minority men and 15.2 percent of whites. Only 46.5 percent of minority female graduates entered private practice, compared to 52.8 percent of minority men and 57.1 percent of whites.
- The percentage of minority law graduates entering business has increased substantially, from 6.3 percent in 1987 to 15.2 percent in 1998. As a result, the percentage of minority graduates entering the for-profit sector (private practice and business) has increased. In 1987, 60.9 percent of minority graduates entered the for-profit sector, compared to 72.6 percent
of whites (a difference of 11.7 percent). In 1998, 64.7 percent of minority graduates entered the for-profit sector, compared to 70 percent of whites (a difference of 5.3 percent). At the "sector" level, therefore, minority and white career paths are converging.
4. Minority representation in upper-level jobs remains minuscule, especially in the for-profit sector.- Minority representation among law partners remains less than 3 percent in most cities.- Minority partners tend to be "partners without power," clustered at the bottom of firm management and compensation structures.- Minority representation among general counsel in the Fortune 500 is 2.8 percent.
5. Progress has been especially slow for minority women in the profession.- Minority men significantly outnumber minority women in most upper-level jobs. Minority women make up less than 1 percent of capital partners in Chicago, and only 1.2 percent 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 percent of minority women leave their firms within the first year of practice, and over 85 percent leave by the seventh year.
6. Minorities in general continue to face significant obstacles to "full and equal" participation in the profession.- The attack on affirmative action in law school admissions threatens to have a devastating effect on minority applications and admissions to law school. An analysis of law school admissions decisions for the 1990-91 applicant pool (n=90,335) found that under a "numbers only" admissions policy (where admissions are based solely on applicants LSAT scores and undergraduate GPAs), African American admissions would drop 80 percent, Hispanic admissions would drop 51 percent, Asian American admissions would drop 37 percent, and Native American admissions would drop 55 percent.- A numbers only admissions policy also would deny admission to many graduates who could perform well in law school if admitted, pass the bar, and enjoy successful legal careers. A just-published study of over 1,000 University of Michigan Law School graduates found that minority graduates were admitted to the bar at about the same rate as whites, and enjoyed equally successful careers, as measured by income, career satisfaction and public service. - Minorities in law firms continue to have difficulty building business among white clients, and gaining access to mentors and training within the firm. Minority women, in particular feel isolated in white male dominated firms. The Report concludes with recommendations to bar associations, law schools, and legal employers for promoting the "full and equal" participation of minorities in the profession.