AMERICAN BAR ASSOCIATION YOUNG LAWYERS DIVISION MINORITIES IN THE PROFESSIONS COMMITTEE REPORT TO THE HOUSE OF DELEGATES RESOLUTION RESOLVED, That the American Bar Association urges state, local and territorial bar associations and foundations; courts; and law firms and corporate legal departments to create and promote mentorship programs that utilize the experience of lawyers engaged in the practice of law, to aid the development and career advancement of all law students and new lawyers, including minorities, thereby reducing the rate of minority attrition in law schools and the workforce.
REPORT The need for diversity in the legal profession has long been recognized by its practitioners. Despite this widespread recognition, efforts to diversify the profession have yielded unremarkable results. Minorities 1 experience disproportionate rates of attrition during law school and lower bar passage rates upon graduation. Even after minority law graduates matriculate into the workforce, they are more likely to report feeling isolated and concerned about career advancement, thereby leading to increased rates of attrition. To reverse these trends, greater attention is required to address the need that exists to supplement existing resources designed to provide minorities the tools they need for success. This resolution seeks to address the disconnect that is often felt by minority law students and new lawyers. Minorities have historically been unrepresented in the legal profession. As the profession makes strides to close existing disparities, there is also a need to connect law students and young lawyers with a community of praciting lawyers who can serve as a resource as they try navigate law school and the workforce. By creating stronger ties between law students, new lawyers, and experienced practitioners, it is the hope that minority law students and new lawyers will find themselves more enmeshed in their legal communities, better able to make the transition from students to practitioners. The Unique Needs of Mentoring Minority Law Students Law school is a challenging environment for most students, regardless of background. However, minority law students often experience difficulty transitioning to the law school environment for reasons other than the rigorous curriculum. For example, minority students are more likely to report feeling more socially and culturally isolated than their non-minority peers. These feelings, coupled with the competitive environment and lack of mentorship, inevitably lead higher attrition rates of minority students in law schools. Mentoring minority law students often provides tangible benefits, which directly result in lower rates of attrition. For example, mentors can help minority law students navigate the rigors of a complicated law school curriculum, identify employment opportunities, and transition from being law students into legal practitioners. Mentoring minority students as a means to address such issues is by no means a novel idea. Indeed, practitioners have been coming together for years to create mentorship programs designed to address the unmet needs of such students. Private law firms, corporate law departments, bar associations, law school student associations, alumni associations, associations of lawyers formed specifically to provide mentoring services, and even individual lawyers 2 boast programs that pair minority law students with experienced practitioners. 1 The term minority refers to African-Americans, Latinos, Asian-Americans, LGBT and individuals with mental or physical disabilities, all of whom face challenges in law school and barriers to success in the workplace. 2 Ida O. Abbott, Increasing Diversity Through Mentoring Programs for Minority Law Students, at http://www.mcca.com/index.cfm?fuseaction=page.viewpage&pageid=582 (last visited July 4, 2015). 2
The Minority Corporate Counsel Association has highlighted examples of successful mentorship programs for minority law students 3 : John W. Kozyak Minority Mentor Program. The John W. Kozyak Minority Mentor Program, which began as an isolated program run out of the University of Miami School of Law and operates in most law schools in Florida as well as Washington University School of Law in St. Louis, pairs minority law students with mentors in the local legal community. Practicing Attorneys for Law Students (PALS) Program. The PALS Program, based in New York City, began as a mentorship program for New York University minority law students and today, provides mentoring and career guidance for minority law students from 13 New York City law schools. MasterCard and Pace Minority Law Student Mentoring Program. This mentoring program matches in-house counsel at MasterCard International with minority law students at Pace University School of Law in White Plains, New York. American Bar Association (ABA) Commission on Mental and Physical Disabilities Mentor Program. The ABA Commission on Mental and Physical Disabilities pairs law students with mental and physical disabilities, with mentors, many of whom have disabilities, across the country. Despite the successes of these mentorship programs, there remain unmet needs of minority law students because of the limited reach of these programs. To be sure, students participation in these programs are often limited by geographic location or law school affiliation, unique demographics targeted, the number of mentors available, or other miscellaneous criteria. As a result, a significant segment of minority law students are left behind. The Need for Mentorship Post-Bar Admission Mentoring has long been recognized as one of the most effective ways to train the next generation of legal professionals. Young lawyers often rank mentoring as a priority for their professional development. 4 As the legal profession struggles to rebound from the 2007 economic collapse, mentorship for new lawyers is particularly critical to help them navigate their careers. This is especially true where, as now, new lawyers are faced with fewer employment opportunities, and thus, diminished access to mentors. In a profession that is nearly 88% white, 5 minority law graduates often lack meaningful access to lawyers who can help develop and advance their careers. Despite overwhelming 3 Ibid. 4 See The Power of Informal Mentoring Programs, at http://home.innsofcourt.org/for-members/currentmembers/the-bencher/recent-bencher-articles/marchapril-2013/the-power-of-informal-mentoring-programs.aspx (last visited July 4, 2015). 5 Deborah L. Rhode, Law is the Lease Diverse Profession in the Nation and Lawyers Aren t Doing Enough to Changes That, THE WASHINGTON POST, May 27, 2015, at http://www.washingtonpost.com/posteverything/wp/2015/05/27/law-is-the-least-diverse-profession-in-the-nation-andlawyers-arent-doing-enough-to-change-that/ (last visited on July 3, 2015). 3
evidence that mentoring is necessary for the development, retention and advancement of recent law graduates, 6 minorities continue to report lack of mentorship as a leading cause for the resignation of their employment. 7 This lack of access can be attributed to, inter alia, racial, gender, cultural, sexual preference and other biases. Indeed, according to a 2003 study conducted by the Minority Corporate Counsel Association, 8 white attorneys, particularly white males, expressed reluctance in mentoring minority lawyers because of their perceived inability to relate to such lawyers. In turn, minority lawyers are often left feeling isolated in the workplace and with strong perceptions of unfairness about personnel matters, both of which results in increased rates of attrition. Much like minority law students, new lawyers benefit from mentorship programs because such programs can help [them] become more respected, valued, and accepted, which increases the likelihood they will remain 9 in the workplace. Summary of Current of Bar-Sponsored Mentorship Programs The majority of states have some form of mentoring program for all newly admitted lawyers. Unfortunately, there is no centralized database compiling resources or containing statistics regarding mentorship programs. Currently, forty-two jurisdictions provide formal or informal bar-supported mentorship programs for new lawyers. 10 Much like minority law student mentorship programs, the reach of these programs are often limited. The following is a summary of bar-supported mentorship programs currently available to new lawyers: Approximately 28 jurisdictions have state bar-administered mentorship programs for new lawyers. Approximately 14 jurisdictions administer mentorship programs through local bar associations. Approximately 8 jurisdictions have no formal or informal bar-sponsored mentorship programs available for new lawyers. 6 See Mentoring Programs for Minority Lawyers: A Word to the Wise (2006), at http://www.mcca.com/index.cfm?fuseaction=page.viewpage&pageid=926, (last visited on July 4, 2015). 7 See ABA COMM. ON WOMEN IN THE PROFESSION, VISIBLE INVISIBILITY: WOMEN OF COLOR IN LAW FIRMS (2006) (finding that the high attrition rate of women attorneys of color in law firms is due to lack of mentoring, lowlevel routine work assignments, exclusion from networking and client-development, the burden of having to disprove negative preconceptions about competence, and unfair performance evaluations that magnify mistakes and ignore accomplishments); see also Jonathan D. Glater, Law Firms Are Slow in Promoting Minority Lawyers to Partnerships, NEW YORK TIMES, Aug. 1, 2001, at http://www.nytimes.com/2001/08/07/business/law-firms-are-slow-in-promotingminority-lawyers-to-partnerships.html (last visited July 4, 2015). Although this article is from 2001, it artfully captures the sentiment which persists among minority lawyers today. 8 Creating Pathways to Diversity Mentoring Across Differences: A Guide to Cross-Gender and Cross- Race Mentoring Ida O. Abbott, Increasing Diversity Through Mentoring Programs for Minority Law Students, at pp. 15-16, at http://www.mcca.com/index.cfm?fuseaction=page.viewpage&pageid=582, (last visited July 4, 2015). 9 See supra footnote 5. 10 See American Bar Association, Mentoring Projects, at http://www.americanbar.org/groups/leadership/office_of_the_president/legal_access_jobs_corps/lajc_resource_center/ mentoring_projects.html (last visited July 4, 2015). 4
Approximately 5 jurisdictions require mandatory mentorship programs for new lawyers. 11 Existing mentorship programs only provide mentoring to some 9,500 new lawyers each years, about 20% of new lawyers annually admitted to practice. 12 Conclusion Despite efforts made by state, local and territorial bar associations, law firms, corporate law departments, law school student associations, alumni associations, and associations of lawyers to create mentorship programs for law students and new lawyers (including minorities), there is still an overwhelming need to expand mentorship programs for law students and new lawyers on a statewide basis. This Resolution provides at least a partial solution to address the need for more mentorship programs by urging state bars to take an active role in encouraging local and territorial state bars to create and/or sponsor mentorship programs with law firms, corporate law departments, law schools, alumni associations, and associations of lawyers, wherein experienced lawyers are paired with law students and new lawyers to provide insight into navigating law school and the legal profession. This in turn will address the need for mentorship in the minority communities, thereby leading to reduced rates of attrition. Respectfully submitted, Daiquiri Steele Chair, Minorities in the Professions Committee 11 See National Consortium for Legal Mentoring, Mentoring Programs State, at http://www.legalmentoring.org/mentoringprograms.php?id=20&q= (last visited July 4, 2015). 12 See American Bar Association Resolution 105B, footnote 38 (citing NALP FOUNDATION, THE STATE OF MENTORING IN THE LEGAL PROFESSION (2013). 5
ABA YLD RECOMMENDATION GENERAL INFORMATION FORM Submitting Entity: Submitted By: ABA YLD Minorities in the Profession Committee Nicole Lytle YLD Scholar, Minorities in the Profession Committee 1. Summary of Recommendations: Chioma Chukwu Vice-Chair, Minorities in the Profession Committee Daiquiri Steele Chair, Minorities in the Profession Committee This Resolution encourages the ABA to urge the appropriate state, local and territorial bar associations to create or sponsor mentorship programs wherein experienced lawyers, already engaged in the practice of law, provide law students and newly admitted lawyers practical advice and insight into navigating the legal profession. This Resolution encourages all state bars, rather than local and territorial bar associations alone, urge the creation of and provide support for mentorship programs in order to increase the number of law students and new lawyers able to participate. Although this resolution is designed to increase access to mentorship programs for all law students and new lawyers, this, in turn, will indirectly increase the number of minority law students and new lawyers with access to meaningful mentor relationships. 2. Date of Approval by Submitting Entity: Approved July 6, 2015 by the ABA YLD Minorities in the Profession Committee. 3. Has this or a similar recommendation been submitted to the Assembly or ABA previously? None of which the submitters are aware. 4. Are there any Division or ABA policies that are relevant to this recommendation and, if so, would they be affected by its adoption? None of which the submitters are aware. 5. Does this recommendation require immediate action at the next Assembly? If so, why? No. 6. Status of Legislation (if applicable): N/A 7. Cost to the Association: 6
None. 8 Disclosure of Conflict of Interest (if applicable): None. 9 Referrals: None 10. Contact Person (Prior to the meeting): Nicole Lytle YLD Scholar, Minorities in the Profession Committee (615) 630-3800 nicole@alumni.duke.edu Chioma Chukwu Vice-Chair, Minorities in the Profession Committee (626) 622-0113 cic3wn@virginia.edu Daiquiri Steele Chair, Minorities in the Profession Committee (404) 964-0158 daiquiri.steele@gmail.com 11. Contact Person (Who will present the report to the Executive Council and/or Assembly) Nicole Lytle YLD Scholar, Minorities in the Profession Committee (615) 630-3800 nicole@alumni.duke.edu Daiquiri Steele Chair, Minorities in the Profession Committee (404) 964-0158 daiquiri.steele@gmail.com 7
EXECUTIVE SUMMARY 1. Summary of the Resolution This Resolution encourages the ABA to urge the appropriate state, local and territorial bar associations to create or sponsor mentorship programs wherein experienced lawyers, already engaged in the practice of law, provide law students and newly admitted lawyers practical advice and insight into navigating the legal profession. This Resolution encourages all state bars, rather than local and territorial bar associations alone, urge the creation of and provide support for mentorship programs in order to increase the number of law students and new lawyers able to participate. Although this resolution is designed to increase access to mentorship programs for all law students and new lawyers, this, in turn, will indirectly increase the number of minority law students and new lawyers with access to meaningful mentor relationships. 2. Summary of the Issue that the Resolution Addresses This Resolution attempts to address the tremendous need for mentorship for minority law students and new lawyers across the country. Through the adoption of formal and informal mentorship programs for all students, the majority of jurisdictions have demonstrated an understanding of the importance of providing mentorship to law students and new lawyers and have accepted, through state, local and territorial bar associations, the responsibility of urging attorneys within their boundaries to participate in such programs. While commendable, however, minority law students and young lawyers continue to cite the lack of mentorship as a reason for increased attrition rates in law school and in the workplace. 3. Please Explain How the Proposed Policy Position will address the issue Urging state bar associations to coordinate mentorship programs will help to expand the number of mentorship programs available, thereby increasing the number of minority law students and new lawyers with access to mentors across the country. 4. Summary of Minority Views N/A 8