By: Miguel Perez
We are entering the fourth industrial revolution, and the legal profession’s lack of diversity could prevent it from adapting to the new world..[1] Innovation and higher competition drive this revolution.[2] In order to stay competitive, firms must continue doing what is at the center of the profession—developing more creative and cost-effective solutions for their clients. Increasing diversity in the workplace is a crucial step in accomplishing this.
Dozens of studies support how diverse teams innovate better than non-diverse teams.[3] Moreover, studies show that diversity enhances problem finding and complex problem solving.[4] This does not just include racial diversity.[5] Cultural, gender, psychological, and personality diversity are just a few examples that also enhance these areas.[6] In order to innovate, firms must diversify, but increasing diversity in the law will be a radical change and could potentially face some road blocks.
The legal profession is one of the least diverse professions in the world.[7] The percentage of women has stagnated at 36% for the last three years.[8] 85% of lawyers are white, compared to 77% of the U.S. population.[9] Only 5% of lawyers are African American, 5% are Hispanic, and 3% are Asian; these statistics have not changed in the last decade.[10]
Lawyers, moreover, typically do not welcome change. They are more likely to be skeptical and have fixed mindsets than the average person, hindering innovation and change.[11] Lawyers also typically score lower in terms of sociability but higher in terms of autonomy when compared to the average person.[12] This makes lawyers unlikely to welcome feedback.[13] Fortunately, there are steps firms can take to create legal teams with the growth mindsets and the openness necessary to innovate in diverse teams.
First, firms should aim to educate in unconscious biases. [14] This is important because unconscious bias mentoring will help legal teams function better. Team members pick up on moods and emotion via nonverbal behaviors.[15] People perceive the mood or emotions of another and then integrate these feelings and behavior into themselves.[16] Therefore, unchecked unconscious biases can deteriorate group cohesion if other team members unconsciously notice them. By becoming aware of our unconscious biases, we can take steps to take control them and remove them from our decision-making process— in turn allowing more collaborative and diverse work environments.
Moreover, personality testing can help firms improve their current workforce. This could help in hiring lawyers more welcome and attuned to diverse work environments. Personality testing can help uncover personality traits that will affect group collaboration, to provide the resources necessary to improve them. These personality traits include the low sociability and high autonomy previously mentioned that makes lawyers resistant to change. Some lawyers are understandably critical of personality testing; they see it as a cutoff tool to entering the profession.[18] If used properly, however, personality testing does not cut people off. Instead, it serves to uncover and clarify tendencies in an organization.[19] This in turn can help make the transition to a diverse workplace smoother.
Ultimately, law firms need to innovate to remain competitive with the upcoming industrial revolution. To provide the service to clients that is necessary to remain competitive, firms need to innovate and generate new ideas. Diverse teams provide this solution.
[1] See generally, World Economic Forum, The Future of Jobs, Employment, Skills and Workforce Strategy for the Fourth Industrial Revolution, Global Challenge Insight Report (January 2016) preface.
[2] Id.
[3] See Dr. Felix Maringe et al., Leadership, Diversity and Decision Making, Center for Excellence in Leadership (March 2007), https://www.researchgate.net/publication/267817649_Leadership_Diversity_and_Decision_Making
[4] Michelle DeStefano, Legal Upheaval 122 (2018)
[5] Id.
[6] Id.
[7] Deborah L. Rhode, Law is the Least Diverse Profession in the Nation. And Lawyers Arent’t Doing Enough to Change That, The Washington Post (May 27, 2015 8:25 AM), https://www-cdn.law.stanford.edu/wp-content/uploads/2015/07/Rhode-Washington-Post-27-May-2015.pdf
[8] Nicole Black, ABA 2019 Report: Lawyer Demographics, Earnings, Tech Choices, and More, My Case (2019), https://www.mycase.com/blog/2019/08/aba-2019-report-lawyer-demographics-earnings-tech-choices-and-more/#spu-15083
[9] Nicole Black, ABA 2019 Report: Lawyer Demographics, Earnings, Tech Choices, and More, My Case (2019), https://www.mycase.com/blog/2019/08/aba-2019-report-lawyer-demographics-earnings-tech-choices-and-more/#spu-15083
[10] Id.
[11] Michelle DeStefano, Legal Upheaval 122 (2018)
[12] Dr. Larry Richard, “Herding Cats: The Lawyer Personality Revealed,” Altman Weil Report to Management, 29, no 11 (2002)
[13] Id.
[14] Deborah L. Rhode, Law is the Least Diverse Profession in the Nation. And Lawyers Arent’t Doing Enough to Change That, The Washington Post (May 27, 2015 8:25 AM), https://www-cdn.law.stanford.edu/wp-content/uploads/2015/07/Rhode-Washington-Post-27-May-2015.pdf
[15] Sigal G. Barsade, The Ripple Effect: Emotional Contagion and Its Influence on Group Behavior, SAGE Journals, Administrative Science Quarterly (2002), https://journals-sagepub-com.access.library.miami.edu/doi/pdf/10.2307/3094912
[16] Id.
[17] Richard, supra note 12.
[18] Dr. Larry Richard, “Herding Cats: The Lawyer Personality Revealed,” Altman Weil Report to Management, 29, no 11 (2002)
[19] Id.
