A look at the decennial deep dive that’s the foundation of a renewed plan to strengthen equity and justice in the legal profession
BY WSBA STAFF
Who are we as a legal community in Washington state? Not just in terms of statistics that are easily counted—practice area, age, ethnicity—but also the less quantifiable individual experiences that, collectively, form the culture of our profession?
That question is central to the WSBA’s mission “to serve the public and members of the Bar, to ensure the integrity of the legal profession, and to champion justice.” We cannot support and strengthen the legal profession without understanding the makeup and experiences of Bar members. We cannot advocate for equitable outcomes for all without addressing the wide gulf in representation between Bar members and the diverse communities who need legal help.
With these goals in mind, the WSBA committed to a comprehensive demographic study every 10 years as the foundation of a plan to advance a more diverse, inclusive, and equitable legal profession. Our first such demographic study was in 2012, resulting in a landmark Diversity and Inclusion Plan in 2013. For the first time, the WSBA in that plan outlined a wide-ranging, data-driven, long-term pledge and accompanying action steps to drive its equity work.
And as promised in that original plan, we are back a decade later, with another comprehensive demographic study and a renewed call to action to work toward a more diverse legal profession where everyone feels they belong. We are shifting from simply making the business case for diversity to making systemic changes that result in a more equitable legal profession and accessible justice system for all. We have the 2024 data and findings in hand, ready to share widely with the membership. And we have used the data to draft a renewed plan, now called the Equity and Justice Plan, to guide us for the next five years.
Looking back and looking forward, we are proud of the groundwork laid by the 2013 plan while feeling the urgency to relaunch and renew our equity efforts. In the past 10 years, we have named and galvanized our values and commitment; provided education, training, and forums for dialogue; and taken important steps like including an equity assessment with all decisions that come before the WSBA Board of Governors. Lastly, we have listened and learned, realizing—alongside society at large—how much critical work remains to be done.
Please review the results and findings of our 2024 member demographic study in this issue of Bar News, then take the next step by visiting www.wsba.org/equity-and-justice-plan to read the draft Equity and Justice Plan and provide feedback. In the coming months, we will cover the progress of the Equity and Justice Plan, which includes how we are implementing the plan and strategies members can consider to advance equity and justice.
Q. How was the study conducted?
A. The study was conducted by KGR+C (aka Kno-Why), an independent research consulting firm that did a similar study for the Oregon State Bar in 2019.11 Oregon Legal Community Climate Assessment Summary Report, www.osbar.org/_docs/resources/ClimateSurvey/2019ClimateSurvey_Final.pdf. The consultant conducted a comprehensive, mixed-method (quantitative and qualitative) study of the demographic composition of WSBA membership and experiences in the workplace and profession. The study began with a membership-wide survey (sent to almost 40,000 WSBA members) that included questions focused on identity-based demographics such as age, race and ethnicity, gender, sexual orientation, and disability, as well as years of practice, practice area, setting and size, workplace satisfaction and loyalty, perception of current work environment and experiences of bias, stereotypes, and microaggressions. There were 1,857 completed responses to the survey—97 percent lawyers, 1 percent LLLTs, and 2 percent LPOs. Following the survey, the consultant conducted confidential focus groups of members with identities that were most underrepresented in the survey. The focus groups allowed the consultant to listen and learn from members’ stories, interpretations, and perspectives, which inform the survey data and provide a more complete picture for the study.
Q. Why is it important to measure membership demographics and experiences?
A. Understanding the composition of Bar members helps us analyze the relationship between the legal profession and the wider public, including tracking disparities in representation. Beyond diversity, it is also important to understand experiences of equity, inclusion, and belonging among Bar membership. A comprehensive membership survey allows the WSBA to understand how members with non-dominant identities experience workplace satisfaction, microaggressions, and sense of fit. Because bias and lack of belonging reflect systemic issues, a large-scale data analysis allows us to understand how widespread they are; how they manifest; and, most importantly, where and how to intervene to promote a more inclusive profession and legal system.
When some people in a group (like the legal profession in Washington, for example) don’t feel welcome or adequately supported, everyone in that group is affected. When diversity and inclusion are stifled, legal professionals—especially ones from underrepresented communities—may choose to leave the profession, which results in a reduction in workplace retention. Fewer people in the legal profession may result in higher workloads for those who remain and potentially diminish work quality and increase unmet legal needs. This may result in a reduction of public trust of the legal profession and the legal system and may deter people from joining the profession. A smaller legal profession that does not represent the diversity of the public may overburden our legal system and exacerbate systemic problems. Therefore, it is important to understand our makeup and the experiences of our members so we can disrupt this cycle and create a thriving profession that is accessible and where everyone feels they belong.
Q. What will the WSBA do with the results of the study?
A. To start, the WSBA’s Diversity, Equity and Inclusion (DEI) Council has drafted a new strategic Equity and Justice Plan that will replace the 2013 Diversity and Inclusion Plan. This new plan has been informed by the study. The DEI Council will present a first draft of the new plan to the Board of Governors in January 2025. The WSBA is also working on making the aggregated data from the study accessible so that others can use the data to inform how they foster a more diverse, inclusive, and equitable legal profession.
Q. What can I do in my own capacity with the results of the study?
A. Please provide your feedback! The new Equity and Justice Plan is the WSBA’s roadmap, with concrete steps, based on the findings of the demographic study. The DEI Council encourages your feedback on the draft plan as it prepares to present a first reading to the Board of Governors in January 2025. When it is approved, we will map out how we will implement the new Equity and Justice Plan. To read the draft Equity and Justice Plan, provide feedback, and learn more about the demographic study (including earning CLE credit), visit www.wsba.org/equity-and-justice-plan.
COMPARE & CONTRAST
WSBA member demographics for 2012 & 2024
In 2012, the WSBA license counts included the following: active, educational purposes, emeritus, foreign house counsel, foreign law consultant, honorary, inactive, indigent representative, judicial, non-member emeritus, and military. Currently, there are three license types authorized by the Washington Supreme Court to practice law: lawyers, limited license legal technicians (LLLTs), and limited practice officers (LPOs). WSBA license statuses include active, inactive, judicial, and pro bono. LLLTs and LPOs were not members of the WSBA in 2012 and were therefore not included in the 2012 license count.
Details About the Survey
- Invitations to the web-based study were sent to nearly 40,000 WSBA members in 2023.
- Of that initial group, 1,857 members completed the survey (97% Lawyers, 1% LLLT, 2% LPO).
- The results showed solid distribution across Sectors, Firm Size, and Practice Areas.
- There were 7 focus groups of members from underrepresented groups based on the survey data.
Five Key Findings
What the survey data says about member experience and retention
Finding #1
The WSBA membership is becoming increasingly more diverse over time, though progress is slow. Our profession still does not reflect the diversity of our state population.
Progress is Being Made, but slowly
Women and members of color have been in the legal profession for less time than their white, male counterparts who have been practicing longer. Diversity may increase over time if equity and inclusion efforts are made so underrepresented groups stay and thrive in the profession.
Finding #2
The lack of diversity exacerbates professional barriers and personal issues specific to members from marginalized and underrepresented communities.
Fitting in & Systemic Bias
Non-dominant groups were more likely to report being asked to “tone it down” in an office setting. This suggests that “fitting in” is communicated more systemically—that standing out by virtue of identity or disability engenders greater scrutiny and places more constraints on the member’s behavior.
Finding #3
On average, workplace evaluations are fairly positive. However, members from marginalized and underrepresented communities are less likely to report positive, satisfying, or accommodating workplace environments.
WSBA Member Satisfaction Levels
Workplace evaluations are not bad on average. In fact, they are slightly higher than our neighbors to the south, Oregon State Bar (OSB) members.
Finding #4
Nearly all members report a lack of diversity and inclusion in their workplace—but the negative impacts of workplace environments aren’t distributed equally.
Perception of Inclusion in the Workplace
The majority of members recognize that their workplaces have significant inclusion challenges, including by identity categories such as racial groups, gender identity and sexual orientation, and disability. Some groups are impacted more than others and for a variety of reasons including two “fit” indicators—whether the workplace is comfortable and whether people I work with are not like me.
Quotes from focus group participants
“I’m out and open about it. They know, and mostly ignore it except when [it benefits them]. But their heads would explode if I wore a pair of heels.” — LGBTQAI2+-identified member
“We give up a lot to stand out less. Names. I don’t use the name I do with my friends or family … Language. I feel like every time I pronounce a Mexican name or food the right way, I remind people I’m different.” — Latinx-identified member
“I’ve had judges say to me they were surprised Black folks could be lawyers. It made me think—am I really that incompetent?” — Black-identified member
Finding #5
Members of dominant groups are least likely to face negative consequences for reporting injustice, but fail to notice the frequent negative workplace experiences of those from marginalized and underrepresented communities.
Experiences of Microaggressions in the Workplace
“Regularly” is defined as happening several times per month at a minimum—a frequency at which events are expected and considered “normal.”
More members from underrepresented communities said they’d face negative consequences if they reported unfair treatment. Members of color are less likely to feel comfortable talking about race, ethnicity, equity, diversity, and inclusion in the workplace.
SIDEBAR
Your Feedback is Needed: New Equity & Justice Plan
The 2024 demographic study is the foundation for a new Equity and Justice Plan, a roadmap for the next five years that will help the WSBA strengthen the legal profession to best serve Washingtonians. The WSBA recognizes the crucial role that diversity, equity, and inclusion play in advancing justice in both our legal profession and our legal system. We believe that a legal profession that reflects the rich diversity of the communities we serve and that fosters inclusion and belonging among its members will improve public trust and confidence in the profession. The draft Equity and Justice Plan is rooted in the demographics and experiences of our members, and it focuses on three main goals, each with action steps:
Please share your input on this important roadmap to the future of the legal profession. Learn more about the demographic study (including earning CLE credit), read the draft Equity and Justice Plan, and provide feedback by visiting www.wsba.org/equity-and-justice-plan.
NOTE
1. Oregon Legal Community Climate Assessment Summary Report, www.osbar.org/_docs/resources/ClimateSurvey/2019ClimateSurvey_Final.pdf.