Equality Survey Results

Lawyers Club News by Maggie E. Schroedter and Paula S. Rosenstein

2012 marks the 21st anniversary of the Lawyers Club Equality and Action Committee's survey of San Diego's private law firms and public agencies. The survey gauges trends and documents the progress of female and non-white attorneys in the San Diego legal community over the past year.

    A detailed summary of the data – compiled from surveys and website information of forty-two (42) law firms and eleven (11) public agencies in San Diego County – is included as an insert in this issue and is also available online atwww.lawyersclubsandiego.com. Lawyers Club sincerely thanks the firms and agencies who graciously participated in this year's Equality Survey. We urge the 50% of law firms who did not participate to recognize the importance of this issue and make every effort to fill out the survey next year.

    This year's survey shows a slight increase in the amount of both female and non-white attorneys in private law firms from 2011. The public sector, however, continues to lead the private sector in terms of both gender equality and ethnic diversity.

    Private law firms included in the survey are those with fifteen (15) or more attorneys in San Diego County (see Equality Survey Methodology). At those private law firms, women comprise an average of 36% of the total attorneys – up 2% from 2011; and 25% of the partners at those firms – up 4% from 2011. In the public sector, by contrast, women account for an average of 54% of total attorneys, and 48% of the attorneys in top-level positions.

    In private law firms, non-white attorneys comprise an average of 13% of total attorneys, while in the public sector, non-white attorneys comprise an average of 22% of total attorneys.

    For law firms, the survey also inquires about the firms' parental leave and alternative work schedule policies, and demonstrates a continued improvement in benefits and flexibility.

PRIVATE SECTOR RESULTS

Percentages of Women in Private Firms Has Seen Only Slight Increase in the Past Five Years

    The numbers of women attorneys at San Diego's fifteen (15)+ attorney firms has remained relatively constant for the past five years, with women making up 36% of all attorneys at the firms surveyed. This number has increased by only 2% since 2011. Additionally, in 2012, women partners totaled 25%, women associates totaled 48%, and women counted for 24% of attorneys in leadership positions. As compared with 2011, the percentage of women partners is up 4%, the percentage of women associates remained the same, and the percentage of women in leadership positions increased by 7%.

    It is particularly revealing – and perhaps, discouraging – that we continue to see women attorneys neck and neck with male attorneys at the associate level, but that the percentage of women partners drops significantly.

    Out of the forty-two (42) firms surveyed, thirteen (13) firms had 40% or more female attorneys. The firms with the largest ratios of female lawyers are Wilson Turner Kosmo, LLP (65%), Littler Mendelson (63%), Best Best & Krieger (61%), Andres Lagasse Branch and Bell LLP (60%), Duane Morris (52%), Paul Hastings Janofsky & Walker (52%), Fagen Friedman & Fulfrost (50%), Kimball Tirey & St. John (50%), Neil Dymott Frank Harrison & Mc- Fall (48%), Lincoln Gustafson & Cercos (47%), Henderson, Caverly, Pum & Charney (45%), Klinedinst PC (43%), and Paul Plevin Sullivan & Connaughton (41%).

    Again, a disparity exists at the partnership level, where only six (6) firms had 40% or more female partners, including: Wilson Turner Kosmo, LLP (60%), Andres Lagasse Branch and Bell LLP (60%), Henderson, Caverly, Pum & Charney (58%), Littler Mendelson (50%), Paul Hastings Janofsky & Walker (50%), and Best Best & Krieger (47%).

    Numerous private firms reported particularly high percentages of women associates, with eight (8) firms reporting 60% or more female associates: Best Best & Krieger (90%), Sullivan Hill Lewin Rex & Engel (83%), Littler Mendelson (85%), Wilson Turner Kosmo, LLP (69%), Duane Morris (67%), Fagen Friedman & Fulfrost (67%), Neil Dymott Frank Harrison & McFall (65%), Lincoln Gustafson & Cercos (65%), Paul Hastings Janofsky & Walker (63%), Kimball Tirey & St. John (62%), McKenna Long & Aldridge (62%), Andres Lagasse Branch and Bell LLP (60%), and Pillsbury Winthrop Shaw Pittman (60%).

    These statistics beg the question, what forces, if any, are in place that continue to thwart the progression of female associates, nearly 50%, to advance to the partnership level?

Women as Equity Partners and in Leadership Positions Increasing Slightly

    The survey also tabulated the number of equity and non-equity partners, and female equity and non-equity partners. Among two-hundred and forty-two (242) equity partnerships at the responding twenty-one (21) firms from which this data was available, fifty-one (51) are held by female attorneys, for an average of 26% – an increase of 7% since 2011. However, only four (4) firms have more than 40% of female equity partners, namely: Wilson Turner Kosmo, LLP (50%); Littler Mendelson (45%), Best Best & Krieger (46%), and Andres Lagasse Branch and Bell LLP (75%).

    On the other hand, among one hundred and seventy-nine (179) non-equity partnerships, fifty-two (52) are held by female attorneys (32%). In the private firms responding to questions regarding leadership positions held by female attorneys in San Diego, the firms reported an average of 24% of women in such leadership positions. This number shows an encouraging increase of 7 % since 2011. As this survey data is new, we will continue to monitor this as an indicator of the progress of women in San Diego's law firms.

Ethnic Diversity – Still Consistently Low Numbers at Law Firms

    Twenty-six (26) out of forty-two (42) firms were included in the survey regarding ethnic diversity. This information was obtained from firms responding to survey questions about the number of non-white attorneys, as well as published data from the NALP Directory of Legal Employers. Lawyers Club could not obtain data on ethnic diversity for the remaining firms if they did not respond to the survey. We encourage all firms to respond to the survey next year so that accurate figures can be obtained. Lawyers Club has collected data on ethnic diversity in the private firms participating in the Equality Survey since 2004.

    At the twenty-six (26) included firms, the percentage of non-white attorneys has remained relatively constant since 2007. In 2012, non-white attorneys constituted only 13% of all attorneys, as compared to 12% in 2011, 9% in 2010 and 2009, 12% in 2008 and 11% in 2007. Further, only twelve (12) firms had 15% or more non-white attorneys, including: Wilson Turner Kosmo (31%), Littler Mendelson (23%), Sheppard Mullin (21%), Duane Morris (19%), Paul Hastings Janofsky & Walker (19%), Robbins Geller Rudman & Dowd (19%), Morrison & Foerster (19%), Jones Day (18%), Wilson Sonsini Goodrich & Rosati (17%), Lewis Brisbois Bisgaard & Smith (16%), Latham & Watkins (15%), and Gordon & Rees (15%). Three law firms do not employ any non-white attorneys.

    The numbers of non-white partners are even more startling, as non-white attorneys comprise only 9% of all partnership positions. At the associate level, non-white attorneys comprise 19% of all associates.

Firms Offering Paternity Leave, Flexible and Part-Time Schedules

    Lawyers Club has included data regarding parental leave and part-time work in the Equality Survey since 2002.

    Of the firms responding in 2012 to questions about alternative work schedules, fifteen (15) responded that they offered a "flexible work schedule," including: Solomon Ward Seidenwurm & Smith, Gordon & Rees, McKenna Long & Aldridge, LLP, Higgs Fletcher & Mack, LLP, Wilson Turner Kosmo, Klinedinst PC, Best Best & Krieger, Duane Morris, Morrison & Foerster, Littler Mendleson, Fish & Richardson, Andres Lagasse Branch and Bell LLP, Foley & Lardner, Sheppard Mullin, and Duckor Spradling Metzger & Wynne.

    Additionally, fifteen (15) firms reported that they offer part-time employment, as either an 80% or a 50% schedule, or otherwise, either as a matter of firm policy or on a caseby- case basis. The firms offering part-time arrangements include: Sullivan Hill Lewin Rez & Engel, Gordon & Rees, McKenna Long & Aldridge, LLP, Higgs Fletcher & Mack, LLP, Wilson Turner Kosmo, Klinedinst PC, Best Best & Krieger, Duane Morris, Morrison & Foerster, Littler Mendleson, Fish & Richardson, Andres Lagasse Branch and Bell LLP, Foley & Lardner, Sheppard Mullin, and Duckor Spradling Metzger & Wynne.

    While all law firms offer the types of leave mandated by state and federal law, some firms also offer additional accommodations and benefits. For example, firms such as Robbins, Geller, Rudman & Dowd (2012), Duane Morris (2012), Foley & Lardner (2012), Neil, Dymott, Frank, McFall & Trexler APLC (2012), DLA Piper (prior info), Allen Matkins (prior info), and Seltzer Caplan McMahon & Vitek (prior info) – offer up to three months of paid leave in conjunction with federal and state leave benefits for maternity leave. Some firms offer between sixteen and eighteen weeks of paid maternity leave in conjunction with federal and state benefits, including: Morrison & Foerster (2012), Sheppard Mullin (2012), Fish & Richardson (2012), Paul Hastings Janofsky & Walker (2012), Duckor Spradling Metzger & Wynne (2012), Latham & Watkins (prior info). Other firms – such as Higgs Fletcher & Mack, LLP (2012) and Klinedinst PC (prior info) – pay the difference (or a portion of the difference, depending on the attorney's seniority), between the amount of state disability benefits the attorney is entitled to receive and the amount of that attorney's monthly salary during the leave period. Additionally, some firms reduce the attorney's annual billable hour requirement by a pro rata amount while the attorney is out on leave.

    Many firms also offer between one to ten weeks of paid Paternity Leave as an additional accommodation and benefit to attorneys. The firms offering Paternity Leave arrangements included: Solomon Ward Seidenwurm & Smith (2012), McKenna Long & Aldridge, LLP (2012), Higgs Fletcher & Mack (2012), Best Best & Krieger (2012), Klinedinst PC (2012), Duane Morris (2012), Morrison & Foerster (2012), Littler Mendleson (2012), Fish & Richardson (2012), Andres Lagasse Branch and Bell LLP (2012), Foley & Lardner (2012), Neil, Dymott, Frank, McFall & Trexler APLC (2012), Duckor Spradling Metzger & Wynne (2012), Paul Hastings Janofsky & Walker (prior info), Robbins Geller Rudman & Dowd (2012), Cooley (prior info), Sheppard Mullin Richter & Hampton (prior info), Duane Morris (prior info), Cooley (prior info), DLA Piper (prior info), Fagen Friedman & Fullfrost (prior info), Klinedinst PC (prior info), Latham & Watkins (prior info), Mintz Levin (prior info), Morrison & Foerster (prior info), and Seltzer Caplan McMahon Vitek (prior info).

PUBLIC SECTOR RESULTS 2012

Gender Diversity

    The San Diego Volunteer Lawyers Program ("SDVLP") remains in first place position in the public sector survey for the ninth year in a row although its percentage of female attorneys dropped 5% to 86%. Appellate Defenders came in a clear second with 78% female attorneys. The Superior Court jumped ahead of Legal Aid to come in third place with 71% female attorneys. Legal Aid dropped to fourth place from second after seeing its percent of female attorneys decrease from 78% to 68%.

    For the second year in a row, County Counsel is the only public agency to have less than 50% female attorneys. This year, it has 47% female attorneys – an increase of 1%. By and large, the agencies remain relatively steady in their overall percentage of women attorneys.

    Looking at the percentage of women in the top positions in public agencies, excluding those agencies where there is only one position at that level, Appellate Defenders still has the highest percentage at 76%. In fact, only three of the agencies, the Attorney General, the District Attorney, and the Public Defender's offices have less than 50% women in the top positions.

    As they did last year, heads of Agencies again have women in the majority – 6 out of 11. None of the offices have had leadership changes since last year.

    In the smaller agencies, women continue to have significant representation at the top. We are glad to see the larger agencies achieving more parity this year.

    As we often have seen over the years, the public sector is continuing to do much better at achieving gender parity than is the private sector although there is still room for improvement as it appears that the larger the agency, the fewer women at the upper levels.

Ethnic Diversity

    Again this year, the public sector survey questionnaire included questions regarding the numbers of "non-white" (e.g., African American, Alaskan, American Indian, Asian, Pacific Islander, Hispanic, Multi-Racial, etc.) attorneys in public sector agencies. The same agencies which responded to this portion of the survey last year did so again this year.

    While in the private firms, the percentage of non-white attorneys was 13%, the public sector had an average of 20% non-white attorneys in their employ. This is the same as last year.

    Comparing the ratio of non-white female attorneys to the total number of attorneys at each agency, there are few differences from last year. Perhaps as a sign of a slightly better economy, the number of non-white attorneys increased from 218 last year to 236 this year. (Although probably not since there are only 7 more attorneys overall this year than last.) Of those, 125 of the non-white attorneys were women, which is an increase over the last two years (118 and 117, respectively, in 2011 and 2010). The percentage of women non-white attorneys to total attorneys was 12% – a one point increase from last year which was up a point from the year before.

    Legal Aid has the most non-white attorneys with 55% and has had similar percentages for most of the years surveyed. Coming in second this year is the Public Defender/Alternate Public Defender's office with 30% non-white attorneys. The District Attorney's office and SDVLP are tied for third with 29%.

    The data we have collected over the last 6 years, since beginning collecting information about the opportunities for advancement for attorneys of color in San Diego, shows that hiring and promotion are relatively static. We continue to hope that as the agencies begin studying this data, we will begin to see advances by people of color in the San Diego legal community.

   Maggie Schroedter is a litigation associate at Higgs Fletcher & Mack and Chair of the Lawyers Club Equality & Action Committee. Paula Rosenstein is a past chair of the Equality Committee, a past president of Lawyers Club, and a partner with Rosenstein, Wilson & Dean.