Diversity, equity and inclusion (DEI) initiatives have been a long-standing focus in the legal profession, with nearly 70% of firm leaders reporting structured diversity programs. However, data from the National Association for Law Placement (NALP), the American Bar Association and the American Lawyer indicate that the legal profession does not reflect the broader U.S. population, with disparities in race, ethnicity, gender identity and sexual orientation among those entering and advancing in the field.
Recent legal and regulatory developments have introduced new challenges for DEI programs. The 2023 U.S. Supreme Court ruling on affirmative action in college admissions has prompted some major companies – including John Deere, Ford and Lowe’s to scale back their diversity efforts; with Meta, Walmart and McDonald’s making similar adjustments more recently. Additionally, a recent executive order by President Trump has ended all federal DEI initiatives, sparking broader discussions about the role of such programs in private-sector organizations, including law firms.
As regulations shift, research continues to explore the impact of diversity on business outcomes. Reports such as “Diversity Matters Even More” suggest that companies in the top quartile for ethnic and gender diversity are 39% more likely to outperform their competitors, while those with lower diversity levels may see performance lag by up to 30%. According to Angela Vallot, co-founder of VallotKarp Consulting, the business case for diversity is often clear in law firms, as corporate clients increasingly expect diverse legal teams. Moreover, many Fortune 500 companies have recently reaffirmed their DEI commitments, leading some legal industry observers to note that client priorities may continue to shape law firm strategies.
As the legal sector navigates these evolving dynamics, firms are assessing how to balance regulatory compliance, client expectations and business performance in a shifting DEI landscape.
The state of DEI in law today
Diversity in the legal profession has improved in some areas but remains uneven, particularly in leadership roles. Data from the ABA National Lawyer Population Survey, covering 24 states and 43% of U.S. lawyers, provides insights into long-term representation trends by gender, race, ethnicity, LGBTQ+ identity and disability status.
Key statistics:
- Women and lawyers of color remain underrepresented in leadership: While women make up 50.3% of associates and 30.1% of associates are lawyers of color, only 28% of partners are women and just 12% of partners are lawyers of color
- Region disparities exist: In 2023, 28% of law firm partners in Miami were lawyers of color – the highest in the country – while Pittsburgh had the lowest, at just 2%
- Disability representation remains low: About 2% of lawyers at U.S. firms reported having a disability in 2023, though small sample sizes make trends difficult to assess
- LGBTQ+ representation is increasing: 4.6% of surveyed lawyers identified as LGBTQ+ in 2023.
Diversity in law: Key trends
Racial and ethnic diversity
Law firm partners and associates of color: 1991-2023 | Source: National Association for Law Placement 2023 Report on Diversity in U.S. Law Firms
The representation of law firm partners and associates of color has steadily increased, with a notable uptick in 2022 when California began reporting lawyer demographics. According to the State Bar of California, 14% of the state’s 175,000 lawyers identify as Asian American.
LGBTQ representation
LGBTQ partners, associates and summer associates: 2024-2023 | Source: National Association for Law Placement 2023 Report on Diversity in U.S. Law Firms
LGBTQ+ representation in law firms continues to grow. 4.6% of lawyers at surveyed firms identified as LGBTQ+, with 11.7% of summer associates doing the same. However, comprehensive data across the entire legal profession remains limited.
Lawyers with disabilities
Partners and associates with disabilities: 2010-2023 | Source: National Association for Law Placement 2023 Report on Diversity in U.S. Law Firms
Lawyers with disabilities continue to represent a small percentage of the profession. In 2023, 2% of surveyed lawyers identified as having a disability, with 1.4% of partners reporting the same.
Law school diversity and pipeline challenges
According to the Law School Admission Council, law school diversity has grown with the class of 2023 being the most diverse on record. However, state bans on race-based affirmative action – now in place across 22 state university systems – have contributed to declines in minority enrollment. A study by Yale, NYU and Northwestern law professors found that these bans reduced minority enrollment at public law schools by 10-17% and 36-47% at the top 20 law schools.
Further, NALP reports diversity among summer associates declined in 2023 for the first time since 2017. Highlighting the long-term impact, Executive Director Nikia Gray noted that summer associate diversity is closely tied to the future diversity of law firm associates and partners.
Legal industry’s role in DEI beyond law firms
As legal challenges to DEI programs grow, companies are increasingly turning to law firms for guidance on compliance and risk management. The Equal Employment Opportunity Commission (EEOC) has sent mixed signals on enforcement and the Supreme Court’s affirmative action ruling has added further complexity. Amid ongoing regulatory uncertainty, understandably, many businesses are seeking legal counsel.
As Jason Schwartz, co-chair of Gibson Dunn’s Labor & Employment practice summarized – “There’s so much uncertainty in the law around this; the only people who benefit from this are lawyers.” He told ABC News that since Trump’s executive order, his firm has been inundated with calls from companies reassessing their DEI policies – “The phone is literally ringing off the hook. Companies are very concerned. They want to make sure they stay on the right side of the law.”
In response to this changing environment, some stakeholders in the legal industry are reevaluating their approach to DEI. After a 2023 court ruling, the Florida Bar disbanded its diversity committee and removed “bias elimination” from its approved ethics topics. The updated policy now focuses on “improving the quality of legal services” without explicitly referencing diversity or inclusion. Similarly, the ABA initially proposed removing “race and ethnicity” from its diversity standard to align with the Supreme Court’s ruling but later reinstated the language – though the change remains pending.
Amid these developments, law firms are working to make DEI initiatives less divisive in anticipation of potential policy shifts under a second Trump administration. For example, Diversity Lab, which created the Mansfield Certification to increase diversity in the legal profession, modified the language on its webpage in January. The Mansfield Certification program, which requires firms to track and report data on their diversity efforts, removed references to candidate pool requirements – specifically, the previous stipulation that firms consider at least 30% diverse candidates for any open position. While Diversity Lab described this as “normal website refinements,” the timing suggests it is a response to the ongoing legal changes.
However, not all legal decisions have restricted DEI initiatives. In a key decision, the Appellate Division ruled that the New Jersey State Bar Association (NJSBA) could continue its leadership diversity initiatives, citing the First Amendment right to expressive association. Referencing Boy Scouts v. Dale, the court ruled that organizations can select members and leaders based on their values. This decision supports the legality of affirmative action programs within private, nonprofit organizations in New Jersey but leaves open questions about compliance with state anti-discrimination laws.
What’s next?
As legal and regulatory frameworks continue to adapt, organizations must carefully evaluate their DEI strategies. The focus is no longer just on whether DEI matters, but on how law firms, businesses and professional organizations can adapt to maintain progress while ensuring compliance.
Working with Distinct
At Distinct, our legal recruitment team supports law firms in aligning with evolving industry standards, including Mansfield Certification considerations and broader regulatory developments. With deep industry experience, we provide firms with the insights they need to make informed strategic decisions in a rapidly changing landscape.
