Luis Salazar, Salazar Law, Miami

Now in my third decade of practicing, I've been fortunate enough to have worked in both Big Law and in smaller firms (like my own). In my experience, Big Law's focus on diversity and inclusion may be capturing all the attention, but smaller firms and boutiques have long led the way on these issues. Certainly, with larger firms, the change toward greater diversity has been slow, but the stakes are higher. And yet woman and minority lawyers have been creating and leading smaller, diverse firms that are making inroads into the kind of sophisticated, complex commercial work Big Law enjoys.

Here's the reality of where we stand: according to a 2004 study by the National Association for Law Placement (NALP), in 2004, in law firms with more than 500 attorneys, 5.43% of partners and 17.90% of associates were minorities, while in firms with fewer than 100 attorneys, 4.44% of partners and 11.35% of associates were lawyers of color. As of 2019, NALP is reporting that, in firms with over 500 lawyers, 8% of minorities were partners and 24.38% were associates, while in firms with fewer than 100 attorneys, 7.18% of partners and 18.39% of associates were lawyers of color. So, regardless of the size of the firm, there is still much to do. Law firms are only now starting to achieve genuine progress through real commitment, concrete action and long-term engagement. In my experience, here's what is working.

Giving Diversity a Seat at the Table. For too long, managing partners touted "diversity initiatives" at their firms like badges of honor. But these initiatives failed to yield meaningful change. We are now seeing real results because law firms seeking change have given a voice to these initiatives through empowered committees, and chief diversity and inclusion officers. Having an internal champion, especially with access to, or sitting on, the "executive committee," is helping keep diversity and inclusion front and center.

Looking at the Actual Data. Peter Drucker is right—you can't manage what you don't measure. It was easy for law firms to claim they valued diversity when they didn't have to bother to disclose exactly how diverse their firms actually were. But diversity reporting has now become both public and widespread. To cite one example, The American Lawyer now publishes its "Diversity Scorecard" annually, and, to cite another, in-house counsel are demanding their outside counsel provide statistical reports on diverse recruiting and staffing of their matters. Looking at the actual data has led to a push for actual, measurable diversity progress. In one recent article, an AmLaw 100 chief diversity officer wrote that he received over 100 such surveys and report cards last year alone.

Benchmarking. Closely related, benchmarking has forced law firms to prove they are making the changes they so often paid lip service to. The Diversity Lab's Mansfield Rule, for example, challenges participating law firms to ensure that women, minority, disabled and LGBTQ+ lawyers make up at least 30% of the candidate pool for equity partner and leadership positions. Over 117 firms, including many of the AmLaw 100, are participating this year.

Connect With Other Firms. While diversity and inclusion can give firms a competitive advantage, many firms are building alliances to promote diversity goals. This is especially so for smaller firms. For example, Miami's own León Cosgrove and Alvarez, Arrieta & Diaz-Silveira launched their Women's Initiative Group to create meaningful networking opportunities, enhance business development skills, and bolster institutional support to address the unique obstacles faced by women in the legal profession.

Partnering With Professional Associations. Smaller, diverse firms often lack access to corporate general counsel. But more and more, minority bar and professional associations are creating successful platforms for their members to network with general counsel of major U.S. companies, seeking to make their outside counsel more diverse. For example, the National Hispanic Bar Association's Corporate Counsel Conference is specifically geared towards this goal, offering CLE on topics of interest to corporate counsel and extensive networking events for HNBA members.

Not Just Numbers, but Inclusion. Historically, diversity efforts have focused on recruitment, which helped bring more woman and minorities to law firms. But these newly recruited diverse lawyers often left these firms due to a lack of opportunities for growth and advancement. To address this issue, firms are broadening their efforts from diversity to inclusion, increasing professional opportunities and training.  Many firms are encouraging the creation of women, minority, and LGBTQ+ affinity groups.

These kind of concrete efforts are driving action and accountability. They are moving law firms away from industry's long-standing habit of claiming to embrace diversity but doing little to make it a reality. These effective programs are beginning to have a significant impact on diversity efforts at law firms big and small.

Luis Salazar is the founder of Salazar Law, a minority-owned boutique litigation and bankruptcy law firm.