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of specified ethnicities, and LGBTQ+ if successful
in obtaining the work. Similarly, Outside Counsel
Guidelines (OCGs) often require like levels of diversity
on matter teams for individual mandates. As Google VP
General Counsel, Del Stahlkopf explains:
"We each must start by focusing on diversity
within our own organizations and then also look for
ways we can advance diversity by working with others
in the industry. For those of us in corporate legal
departments, one way in which we can do this is by
dedicating a percentage of our outside counsel budget
to women- and minority-owned law firms. Another
is by working with our outside counsel to increase
the diversity at their firms, to increase the number of
diverse attorneys who are working on our legal matters,
and to continuously innovate on diversity initiatives
and programs."
(See "Why Diversity Matters in the Selection
and Engagement of Outside Counsel: An In-House
Counsel's Perspective," by Dev Stahlkopf, May 6, 2020)
Recently, the American Bar Association
Commission on Racial and Ethnic Diversity in the
Profession released its 2020 ABA Model Diversity
Survey Report, the first report on diversity, equity, and
inclusion in law firm practice. Originally developed
in 2016, the ABA survey collected responses from
more than 370 law firms over a three-year period and
assesses practices, policies, and outcomes related to DEI
within law firms. The 2020 survey reports findings
that bear striking similarities to ILTA's 2020 Climate
Survey, including that:
• Firm leadership consists primarily of white men,
• Representation of minority groups is growing at
the lower levels of associates, but declining at the
higher levels of equity and non-equity partners,
• Non-white lawyers have higher attrition rates, and
• Lawyers identifying as LGBTQ+, having a
disability, and of racial categories of Pacific Islander
and Native American/Indigenous are missing or
underreported in firm demographics.
(See "ABA Releases First Diversity Survey Report
on Law Firm Equity and Inclusion," Los Angeles Business
Journal 29 March 2021: 66. Business Insights: Global.
Web. 31 May 2021.)
While the ABA report makes no recommendations
on increasing diversity within law firm leadership, the
results reveal that systemic issues exist and establish
a benchmark to measure the legal industry against
in years to come. These results also shed light on the
bigger picture within which legal technology operates
as but one small sliver. With the legal profession
continuing to lag behind other industries in DEI, it
may come as no surprise that the legal technology field
ref lects a like trend.
Taken together, ILTA's Climate Survey, the
Diversity Lab's Mansfield program, legal department
RFP and OCG requirements, and ABA Model Diversity
Survey Report – along with the wealth of other
published surveys, reports and literature available
about the legal industry's trailing other industries in
DEI – expose areas of concern, which suggest potential
priorities for ILTA's DEI initiatives. In ILTA's context,
these priorities might include:
D E I T F S E R I E S
