There have been a few recent articles in the news discussing diversity – or its lack – among lawyers.

First, Deborah Rhode writes in the Washington Post that law is one of the whitest professions.  People of color make up one fifth of law school grads but only 7 percent of law firm partners – and those numbers drop to 2 or 3 percent in BigLaw.  She argues that among other barriers, unconscious bias still plays a role in hindering the advancement of African American lawyers.  She also points out that women, as well, struggle to make partner – perhaps reflecting the difficulty that women have walking the tightrope of being aggressive enough to do their jobs, but not so aggressive that they come off as unfeminine.

Picking up on these themes, the American Lawyer recently published a report on how BigLaw is failing women.  Sometimes, these failures are attributed to demanding work schedules that make it difficult for women to shoulder responsibilities for childcare – which is why one law firm was recently profiled in the New York Times for hiring mainly women, and allowing them to adjust their schedules around their parenting responsibilities.  But flexible work schedules aren’t always a step in the right direction; this article about the lack of women’s advancement in consulting makes two important points.  First, “family-friendly” policies that allow women to work flexible schedules may undermine their advancement by signaling a lack of commitment to the firm, and second, that many people continue to harbor biases against women – including the assumption that women with children are not fully committed to work – regardless of the hours they keep.  The article suggests that instead of adopting flexible work schedules, firms should simply not require long hours of any employees – a suggestion that, not surprisingly, firms are not anxious to adopt.

Based on my law firm experience, these themes resonate.  I saw very, very few nonwhite lawyers.  There were also far fewer women partners than men partners.  (One thing I remember: in group meetings, men routinely talked over and interrupted the women, making it very difficult even for women partners to have their voices heard.) 

I don’t know what the solution is, but I do think the issues are real ones.  And, as Rhode points out, because lawyers often have critical roles in society – in government, and other policymaking roles – it’s important that the profession be welcoming to all.