Law Times

Law Times • January 23, 2017 Page 5 www.lawtimesnews.com Diversity? Survey shows there's a long way to go BY JENNIFER BROWN Law Times D espite much talk over the last decade around boosting diversity and inclusion in law firms, women and racialized lawyers continue to be under- represented in the Canadian legal profession with Caucasian men continuing to far outnum- ber those two groups in senior leadership roles, according to a study from the Canadian Cen- tre for Diversity and Inclusion. In fact, the study shows Cau- casian men who responded to the survey have the greatest odds of being an equity partner, and they are seven times more likely than racialized women to be an equity partner. The study, "Diversity by the Numbers: The Legal Profes- sion," conducted by the CCDI in partnership with the Canadian Bar Association, shows the rep- resentation of minority groups in the legal profession has not changed substantially over the last three years that the CCDI has been collecting data. In 2014 and 2015, 73.99 per cent and 76.88 per cent of senior leader respondents were men. In 2016, 75.34 per cent of senior leader respondents to the survey were men and 90.78 per cent of senior leaders were Caucasian. In 2014 and 2015, 89.28 per cent and 88.91 per cent of senior leader respondents were Cauca- sian respondents, respectively. Another statistic of note is that 81.9 per cent of senior leaders are equity partners. "Results from 2014, 2015 and 2016 do not show a shift towards a more diverse and inclusive workforce, particularly in part- ner and leadership roles," the report states. The study, sponsored by Bor- den Ladner Gervais LLP, Cassels Brock & Blackwell LLP, Dentons Canada LLP, McCarthy Tétrault LLP and Miller Thomson LLP, shows women and racialized re- spondents are under-represented in equity partner and senior leader roles and over-represented as associates and articling or sum- mer students. Authors of the report say fac- tors contributing to the perpetu- ation of these numbers include "inf lexible working conditions, rigid firm culture, high client ex- pectations and overall econom- ics of the profession." While some might point to a tough economy since 2008, Deanna Matzanke, director, measurement and analytics at the CCDI, says the economy is a "sig- nificant red herring" and what the report shows is "a compelling validation" that the current law firm model makes it difficult for women and minorities to rise to equity partner positions. " . . . the process of billable hours, the emphasis placed on client relationships, and the hi- erarchal 'Old Boys Club' net- work in law firms do not support or foster a diverse and inclusive environment." The report goes on to say that women find themselves in a dif- ficult position when faced with trying to balance family needs with law firm demands. Also, ". . . lawyers from minority groups do not have the same social and cultural capital to network and find mentors who relate to them, because the pool is very small." That means many leave the law firm culture for more f lex- ible and accommodating envi- ronments elsewhere, such as in- house roles or solo practice. Matzanke, a lawyer herself, says the results of the study are disappointing and show that di- versity and inclusion are not be- ing successfully implemented in the legal profession, despite the fact the pool of potential lawyers in law school has increased in di- versity and at the associate level at law firms shows fairly high diversity. The majority of racialized re- spondents in the legal profession are Asian, while all other groups show very small representation. A total of 11 firms from nine provinces and one territory par- ticipated in the 2016 survey. Firms were invited to participate di- rectly by CCDI via the Law Firm Diversity and Inclusion Network, and the Canadian Bar Associa- tion sent a letter to all members. "There's nothing surprising here really," says Level Chan, a partner with Stewart McKelvey LLP in Halifax and the CBA's representative on the CCDI's ad- visory committee. "As to why we're not moving the needle much, I think it's a matter of retention and advance- ment, and as you see particularly with women, there continues to be over-representation at the associate and entry-level areas of the firms, but we're not keep- ing them. I think that in turn is translating to having fewer peo- ple available for senior roles and as equity partners. That is the ongoing issue we've had in the legal profession." Chan argues the economy has played a factor as he says "many law firms" have gone through rounds of layoffs and that would impact the ability of people to get into partnership roles as well. Kate Broer, partner with Dentons Canada and a member of the CCDI's advisory commit- tee, agrees with Chan that law- yers have a "broader range of op- tions" other than the traditional path of private practice and many are moving into in-house roles or to other opportunities. The war on the billable hour may also be inf luencing who remains at the top of many law firms. Firms are generally tak- ing on fewer students, and Broer says gone are the days of "guar- anteed hire-backs." She also points out that wom- en are gaining voice at the top of some large firms. This year, Dentons Canada elected five women to its board of 10 direc- tors in Canada. That is an in- crease from two out of 10 in the previous year and in 2009 none of the members of the board were women. LT NEWS Level Chan says a lack of women and racial- ized lawyers at the top of law firms is a matter of retention and advancement. ORDER YOUR COPY TODAY! 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