Abstract

Excerpted From: Jill Lynch Cruz, Still Too Few and Far Between: The Status of Latina Lawyers in the U.S., 40 Chicana/o-Latina/o Law Review 7 (2024) (204 Footnotes) (Full Document)

Hispanics/Latinxs constitute the largest growing population of any racial or ethnic minority group of the last decade in the United States, with Latinas amounting to 9.4 percent of the total population in 2022. Paradoxically, Latinas' presence in the legal profession remains disproportionately low, with only approximately 3 percent of all attorneys identified as Latina in 2023. This starkly contrasts with the representation of white individuals, who make up less than 60 percent of the population, yet represent 79 percent of all attorneys across the legal profession.

The preceding statistics highlight a concerning trend. Compared to other attorney groups, the representation and progress or growth in the presence of Latinas across the legal profession, especially in leadership roles, have not kept pace with their growing population in this country. This calls for the need to analyze their status across the legal industry to identify where they are flourishing and where they are still too few and far between. This Report provides updated data on the status of Latinas in the legal profession against the backdrop of this vibrant, growing segment of the U.S. population.

In 2008, the Hispanic National Bar Association (HNBA) established the Commission on the Status of Latinas in the Profession (hereinafter HNBA Latina Commission), whose mission is to enhance and advance the representation and leadership of Latina attorneys across the legal profession. One of its first initiatives involved conducting a nationwide research project on the status of Latina attorneys. Before this effort, a large-scale study on this subject matter did not exist. The research aimed to document the professional status of Latina attorneys while pinpointing the main barriers hindering their full participation, progression, and success in their legal careers. This initiative was prompted by the apparent disparity between the population of Latinas within the U.S. at that time (7.5 percent) as compared to their sparse representation within the legal field (only 1.3 percent of all U.S. attorneys).

The HNBA Latina Commission subsequently published two national research studies entitled Few and Far Between: The Reality of Latina Lawyers in 2009 (hereinafter “2009 Latina Commission Study”), followed the next year by a companion report, La Voz de la Abogada Latina: Challenges and Rewards in Serving the Public Interest (“2010 Latina Commission Study”).

These two studies, collectively called the “HNBA Latina Commission Studies,” reported that Latina attorneys were vastly underrepresented across the legal profession compared to their significant presence in the population and were not well-represented in leadership roles. The 2009 Latina Commission Study also indicated that Latinas in law firms earned disproportionately lower compensation than their non-Latina counterparts.

Since the release of the benchmark 2009 Latina Commission Study fifteen years ago, numerous questions remain regarding the headway made by Latina attorneys with increasing interest in the status and progress of Latina law students. These questions revolve around evaluating the presence and growth of Latina attorneys and law students across legal fields, in comparison to other attorney groups.

This Report responds to this call by providing a statistical update on the status of Latinas in the legal profession, including law students and lawyers, since the research and publication of the HNBA Latina Commission Studies fifteen years ago. The purpose of this Report extends beyond merely reporting data. It highlights disparities within the legal profession and serves as a call to action for legal stakeholders to pursue systemic changes and enhance diversity, equity, and inclusion. This Report will hopefully serve as a catalyst for dismantling barriers and devising effective strategies to empower Latina lawyers and law students to achieve their career aspirations and realize their full potential. Appendix A provides a detailed overview of the report's methodology.

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This Report highlights a critical paradox in the U.S. legal profession: Despite being one of the largest and fastest-growing demographics in the nation, Latinas are still too few and far between as attorneys across the legal profession, especially in leadership roles. On the one hand, the growing enrollment of Latina law students serves as a beacon of hope for improved representation of Latina attorneys and leaders in the future. Yet, the slow and inadequate ascent into the upper echelons of law firms, corporate legal departments, the judiciary, and legal academia over the last decade and a half, compared to other attorney groups, is alarming. This disparity highlights an urgent need to understand and dismantle the barriers that impede Latina attorneys' progress and explore innovative and effective strategies to prevent further stagnation.

The HNBA Latina Commission has played a pivotal role in identifying and addressing the barriers Latina attorneys encounter in their legal careers. Through its advocacy, pipeline programs, leadership development efforts, research, and other initiatives, it has significantly contributed to narrowing this gap. Despite its crucial work, the HNBA Latina Commission cannot address these challenges alone. Developing pathways for Latina attorneys to succeed depends heavily on the cooperation and commitment of our larger legal community, policymakers, and corporate decision-makers.

This collaboration should focus on enacting policies that promote equitable admissions and hiring practices, providing professional development programs tailored for marginalized attorney groups, including Latinas, and ensuring that diversity, equity, and inclusion are not merely buzzwords, but core values reflected in the culture and practices of our legal workplaces. Furthermore, this Report emphasizes the need for heightened advocacy and research to monitor progress and uphold accountability for institutions in all sectors within the legal profession.

A renewed commitment and innovative strategies are necessary to ensure Latinas have equitable access to legal education and the opportunities to pursue and achieve leadership roles at the highest levels of the profession. This is not just for the betterment of Latina attorneys, but for the enrichment of the legal profession as a whole. Through these actions, we can ensure that the legal profession more accurately reflects and serves the diverse fabric of American society.

Jill Lynch Cruz, Ph.D., combines her extensive background as a Professional Certified Coach (PCC), Global Career Development Facilitator (GCDF), Senior Professional in Human Resources (SPHR), and former law firm Chief Human Resources Officer to empower Latina attorneys and leaders to navigate, enhance, and advance their careers more successfully.