Achieving Diversity in the Legal Profession through the Educational Pipeline

Achieving Diversity in the Legal Profession through the

Educational Pipeline

Prepared by the ABA Council For Racial and Ethnic Diversity

in the Educational Pipeline

Overview• The diversity pipeline:

What is it?Why is it important?

• Leaks and blockages along the pipeline• The numbers:

Early education dataLaw school demographicsLaw school admission shut-out ratesBar passage rates

American Bar Association Pipeline Council 2

Overview (continued)• Impact of the numbers on

The legal professionThe judiciary

• Interventions – what works• What YOU can do• Resources


What Is the Educational Pipeline?

• The educational route to the legal profession for students

• Encompasses early education (Pre-K to 12), college (2-year and 4-year), and law school (including the bar exam)


Why Is It Important? A robust, diverse educational pipeline ensures

continued diversity in the profession and judiciary

Visible diversity in the legal profession and judiciary supports the public’s trust and confidence and enhances perceptions of fairness in the legal system

The pipeline is the pathway to success in the profession


Why Is It Important?(continued)

• Lawyers occupy critical leadership positions and engage in policymaking impacting our communities

• Lawyers account for:100% Judges58% U.S. Senators37% U.S. Representatives40% Governors50% Presidents11% Major CEO’s

(Data current as of 2012)American Bar Association

Pipeline Council 6

Why Is It Important? (continued)

• The educational pipeline is the pathway to a successful career in the law

• A law degree and legal experience open doors and create opportunities unlike many other professional credentials:“Always make the choice that brings you more choices” – choosing the legal profession leads to better options


Critical Leaks Along the Pipeline

• Achievement gap• Dropout and expulsion rates in early years• Community college pipeline• Disparities in law school admissions and

academic support• Law school admission shut-out rate• Bar passage


The Achievement Gap• The disparity in academic performance

between groups of students

• Achievement gap shows up in grades, standardized test scores, course selection, dropout rates, and college completion rates, among other success measures

Source: Education Weekhttp://www.edweek.org/ew/issues/achievement-gap


http://www.edweek.org/ew/issues/achievement-gap

The Achievement Gap

The promise of a quality education is an important civil and human right that has yet to be fully realized in the American public education system (see NAACP Fact Sheet- African Americans and Education).

We need to focus on the documented gaps in educational opportunity and achievement that separate low income students and students of color from others

Source The Education Trust, http://www.edtrust.org/sites/edtrust.org/files/USA_0_0.pdf


Achievement GapSource: The Education Trust

hhttp://www.edtrust.org/sites/edtrust.org/files/USA_0_0pdf

Group 4th Grade Proficiency

2007 National Assessment

8th Grade Proficiency

2007 National Assessment

High School Graduation

Rates

Public College Graduation

Rates

African American

14% 11% 59% 41%

Asian 44% 49% 90% 64%

Latino 17% 15% 61% 46%

Native American

20% 17% 62% 38%

White 41% 41% 91% 57%


The Achievement Gap• In 2006–07, approximately 16 percent of all elementary

and secondary public school students (or 7.7 million students) attended high-poverty schools including:

See US DOE, National Center for Education Statistics,

http://nces.ed.gov/ccd/pubschuniv.asp


Group % Attending High Poverty Schools

African American 33%

Latino 35%

American Indian/ Alaska Native

25%

API 13%

White 4%


Achievement Gap• Percentage of Public Elementary and Secondary School Students in High-Poverty

Schools by Race/Ethnicity and Locale: School Year 2006–07

Source: U.S. Department of Education, National Center for Education Statistics, Common Core of Data, Public Elementary/Secondary School Universe Survey, 2006–07,


The Achievement Gap• Data show that low-income students and

students of color achieve at high levels when schools and school systems are organized to support student successSource: The Education Trust, Education Watch (April 2009)

• Investment in early childhood development for disadvantaged children provides a high return to society through increased personal achievement and social productivitySource: www.heckmanequation.org


http://www.heckmanequation.org/

Drop-Out Rates • Nationwide, 7,000 students drop out of school every day; only

about 70 percent of students graduate from high school with a high school diploma. See U.S.DOE, ttp://nces.ed.gov/ccd/pubschuniv.asp

• Two thousand high schools in the United States produce more than half of all dropouts. A recent study suggests that in the 50 largest cities, only 53 percent of students graduate on time.

• Research shows that children of color attend “dropout factories” at significantly higher rates. See Comm. on Educ. and Labor, http://www.edlabor.house.gov/.../o5/high-school-dropout-crisis-thr.shtml



http://www.edlabor.house.gov/.../o5/high-school-dropout-crisis-thr.shtml

http://www.edlabor.house.gov/.../o5/high-school-dropout-crisis-thr.shtml

Drop-Out Rates16 to 24 year olds by Race/Ethnicity

Source: US DOE National Center for Education Statistics, Condition of Education, Indoator 20,NCES2009-081


Year Total- includes groups not shown separately

White Latino

2000 10.9 6.9 27.8

2001 10.7 7.3 27.0

2001 10.5 6.5 25.7

2003 9.9 6.3 23.5

2004 10.3 6.8 23.8

2005 9.4 6.0 22.4

2006 9.3 5.8 22.1

2007 8.7 5.3 21.4

School to Prison Pipeline (STTP)

What is the “School to Prison Pipeline”?

Policies and practices pushing school children, in particular minority and low income students, out of the classroom and into the juvenile and criminal justice system

See What is the School to Prison Pipeline? ACLU athttp://www./ac;ui/prg/raciial-justice/what-school-prison-pipeline


http://www./ac;ui/prg/raciial-justice/what-school-prison-pipeline

School to Prison Pipeline

Factors Accounting for the STPP: Inadequate resources in public schools Zero-tolerance and other school discipline

(increase in school suspensions from 1.7M in 1974 to 3.1M in 2000)

Increased reliance on police Disciplinary alternative schools Juvenile detention facilities Barriers to re-entry into traditional schools


School to Prison Pipeline

Models for addressing the STPP:

School-Wide Positive Behavioral Interventions and Supports (SWPBS)See http://www.dignityinschools.org/print/247

Restorative Justice PracticesSee http://www.ousd.k12.ca.us/restorativejustice


http://www.dignityinschools.org/print/247

http://www.ousd.k12.ca.us/restorativejustice

School to Prison PipelineProposed Federal Legislation to address STPP: • Annual reporting of disciplinary indicators • Mandatory technical assistance with disparate

rates of exclusionary discipline • Federal funds to develop inclusive approaches to

school disciplineSee Dismantling the School to Prison Pipeline, NAACP Legal Defense Fund

(LDF)See LDF Testimony 12/10/12, US Senate Committee on the Judiciary,

Subcommittee on Constitution, Civil Rights and Human Rights http://www.naacpldf.org/case/school-prison-pipeline


http://www.naacpldf.org/case/school-prison-pipeline

College Enrollments

• Race and family income are highly correlated with whether a student immediately enrolls in college.

• The immediate college enrollment rates of high school graduates from low and middle-income families trailed those of their peers from high-income families by more than 10 percentage points in each year between 1972 and 2007.Source: US DOE “The Condition of Education 2009”


College Enrollments• In 2007, the enrollment rate gap between

students from low and high-income families was 23 percentage points and the gap between students from middle and high-income families was 15 percentage points.

• In 2007, the immediate college enrollment rate was 70 percent for white high school graduates and 61 percent for Latino high school graduates, compared with 56 percent for African American high school graduates.Source: US DOE, “The Condition of Education 2009”


Law School Applicants: Interest In Law As Freshmen by Race/Ethnicity and Gender

Source: LSAC 2013, Behind the Data, Freshman Survey


Left graph, Males; Right graph, femalesBlue, Black/African American; Red, Hispanic/lLatino; Purple, Caucasian/White; Green, Asian/Pacific Islander

2006 College Graduation RatesSource: The Education Trust,

Education Watch National Report, April 2009

Group Graduation Rate

African American 41%Asian/Pacific Islander 64%Latino 46%American Indian/ Alaska Native 38%

Whites 57%American Bar Association

Pipeline Council 24

Community College Pipeline

• Two-year institutions are becoming more popular starting points for law school applicants

• Students who begin undergraduate education at two-year colleges perform comparably to those who begin at four-year institutions in both law school admission success and first- year law school performanceSee LSAC Report: “From Two-Year Institutions to Law School”


Community College Pipeline Community colleges have historically enrolled

approximately half of all undergraduate students of color

Who is attending?7.7 million students enrolledAverage age: 28 years oldWhites: 54%Hispanic: 16%Black: 14%Asian/Pacific Islander: 6%Other/Unknown: 11%

Source: Graphic Sociology at http://thesocietypages.org/graphicsociology/2012/07/23/demographics-of-community-colleges-in-america/


http://thesocietypages.org/graphicsociology/2012/07/23/demographics-of-community-colleges-in-america/

http://thesocietypages.org/graphicsociology/2012/07/23/demographics-of-community-colleges-in-america/

Community College Pipeline

Community colleges are an important access point for low-income and poorer students:Between 1989-1990 and 2009-2010 community college graduations increased at a greater pace than initial enrollmentsDuring the 2007-2008 period, community colleges enrolled 1.7M or 41% of all undergraduate students living in povertyDuring 2007-2008 one in five community college students lived in poverty

See Why Access Matters: The Community College Student Body at

http://www.aacc.nche.edu/Publications/Briefs/Documents/PB_AccessMatters.pdf


http://www.aacc.nche.edu/Publications/Briefs/Documents/PB_AccessMatters.pdf

Community College Pipeline• Increasing law school recruitment efforts at two-

year colleges may positively impact the diversity of future applicant pools

• More law school applicants, especially Hispanic/Latino applicants, are beginning their undergraduate education at more racially diverse two-year institutions

• Given increases intuition, population shifts, and the current economic climate, trend is likely to continue

See LSAC Report: “From Two-year Institutions to Law School”


Issues Impacting Law School Disparities

• Admissions practices• Shut-out rates • Law school rankings• Law school enrollment, tuition, debt• Financial support (needs vs. merit based) • Academic support • Stereotype threat/Implicit bias• Working within affirmative action limitations


Admissions Practices

Law school admissions criteria track key factors accounting for US News Rankings:

LSATGPA

•No consideration is given to factors that account for the successful practice of law as outlined in studies by Marjorie Shultz and Sheldon Zedeck (Shultz & Zedeck, Identification, Development and Validation of Predictors for Successful Lawyering, 2009)


Admissions Practices

• Shultz& Zedeck identify 26 factors for effective lawyers, and testing tools that supplement the LSATTesting tools are race neutral


Admissions PracticesShultz & Zedeck’s 16 factors:Analysis and ReasoningCreativity/InnovationProblem SolvingPractical JudgmentProviding Advice & Counsel and Building Relationships with ClientsFact FindingResearching the LawSpeakingWriting


• Listening• Influencing & Advocating• Questioning & Interviewing• Negotiation Skills• Strategic Planning• Organizing and Managing (Own) Work• Organizing and Managing Others

(Staff/Colleagues)• Evaluation, Development, and Mentoring• Developing Relationships in Legal Profession


• Networking and Business Development• Community Involvement and Service• Integrity & Honesty• Stress Management• Passion & Engagement• Diligence• Self-Development• Able to See the world Through the Eyes of

Others


Law School Demographics(See ABA/LSAC Guidebook)

Group 2011 Census 2010

American Indian/Alaska Native .8% 0.9%

Asian 7.1% 4.8%

Black/African American 7.1% 12.6%

Caucasian/White 75.5% 56.1%

Hispanic/Latino 7.5% 16.3%

Native Hawaiian/Other Pacific Islander .3% 0.2%

Two or More Races/Ethnicities 1.7% 2.9%


Law School Demographics(See LSAC Data re: Matriculants)

Group Fall 2010 Fall 2011

American Indian/Alaska Native 0.4% 0.4%

Asian 7.1% 7.7%

Black/African American 7.2% 7.2%

Caucasian/White 65.9% 60.5%

Hispanic/Latino 6.1% 5.9%

Puerto Rican 1.6% 1.8%

Two or More Races/Ethnicities 3.8% 5.5%


Law School Shut-Out RatesThe numbers of student applicants who are not accepted at ANY law schoolSource: LSACNet.org, (See Data Volume Summaries by Ethnic and Gender Group and

LSAT Technical Report 08-03). Includes all ABA-accredited schools.


ApplicantGroup

Total Applicants

Mean LSAT Score

Total Admitted

Shut-Out Rate

African American

95,870 142 38,240 60%

Asian/Pacific islander

71,240 152 44,710 37%

Hispanic/ Latino

73,880 145 39,490 47%

Native American

6,960 148 4,060 42%

Caucasian 571,300 153 392,630 31%

Law School Rankings

• US News & World Report Law School Rankings influence admissions policies

• Rankings do not include factors accounting for successful practice of law (e.g. Shultz & Zedeck Factors for Effective Lawyering)


Law School Rankings Methodology

Quality Assessment (40%): Peer Assessment (0.25)Assessment by lawyers/judges (.15)

Selectivity (25%):Median LSAT Score (.125)Median undergrad GPA (.10)Acceptance rate (.025)

See http://www.usnews.com/education/best-graduate-schools/top-law-schools/articles/2013/03/11/methodology-best-law-schools-rankings


http://www.usnews.com/education/best-graduate-schools/top-law-schools/articles/2013/03/11/methodology-best-law-schools-rankings

http://www.usnews.com/education/best-graduate-schools/top-law-schools/articles/2013/03/11/methodology-best-law-schools-rankings

Law School Rankings Methodology

Placement success (20%) Employment rates (.04 at graduation and

.14 at 9 mos. after) Bar Passage (.02)

Faculty Resources (15%): Expenditures per student Support services (.0975) and Financial Aid (.015) Student/faculty ratio (.03) Library resources (.0075)


Law School Enrollment, Tuition, Debt

Applications dropped to 54,000 annually First Year enrollment down to under 40,000

from 50,000 in 2010 Jobs are scarce—especially for lower tier Average tuition has risen to $40,000/year

From $23,000 in 2001 Average debt on graduation risen from $70,000

in 2001 to $125,000 in 2011See “The Lawyer Bubble” by Stephen J. Harper


Financial Support

• Law schools compete for admission of top students to improve law school ranking

• Emphasis on merit-based scholarships to attract high-performing students (instead of needs-based scholarships to attract low income, underrepresented and diverse students)


Academic Support• Academic support is critical in increasing

performance by low-income students and many students from diverse backgrounds

• Academic support programs are becoming diluted to include all students, focusing on increasing overall bar pass rate for law school rankings purposes


Stereotype Threat/Implicit Bias

• Understanding and addressing concepts of Stereotype Threat and Implicit Bias are critical to positive support, confidence and performance of diverse students throughout law school and bar exam preparation



• Stereotype threat: negative expectations communicated to students (in particular minority/low income students) resulting in low performance see additional resources at http://reducingstereotypethreat.org/definition.html


http://reducingstereotypethreat.org/definition.html


• Performance, or the perception of performance, is also impacted by the unconscious mental processes found in the minds of those with whom we interact

• Implicit biases are those that we carry without awareness or conscious direction. These biases are learned unconsciously through exposure to social stereotypes and attitudes.



• Implicit bias impacts classroom environment, curriculum, and ultimate performance of students See http://www.equaljusticesociety.org/law/implicitbias/

• Implicit Association Tests developed at Harvard, University of Virginia and University of Washington to measure unconscious bias.

For Implicit Association Test (IAT) see https://implicit.harvard.edu/implicit/demo/


http://www.equaljusticesociety.org/law/implicitbias/

https://implicit.harvard.edu/implicit/demo/

Affirmative Action Limitations State Propositions:

California: Proposition 209http://law.onecle.com/california/constitution/article_1/31.html

Michigan: Proposal 2http://www.civilrights.org/equalopportunity/michigan/proposal_text.html

Washington: Initiative 200http://www.secstate.wa.gov/elections/initiatives/text/i200.pdf

Fisher v. Texas (Pending US Supreme Court)http://www.lawyerscommittee.org/projects/education/page?id=0003and http://en.wikipedia.org/wiki/Fisher_v._University_of_Texas


http://law.onecle.com/california/constitution/article_1/31.html

http://www.civilrights.org/equalopportunity/michigan/proposal_text.html

http://www.secstate.wa.gov/elections/initiatives/text/i200.pdf

http://www.lawyerscommittee.org/projects/education/page?id=0003

http://en.wikipedia.org/wiki/Fisher_v._University_of_Texas

Bar Passage DataSource: ABA Committee of Bar Examiners


Total Minorities Taking Exam

Passing (%)

% of Total Passing

TOTALS 80,261 55,384 69%

Note: ABA and National Committee of Bar Examiners do not collect disaggregated demographic info for Bar Passage

For an example of detailed demographic data seeThe State Bar of California site at: http://admissions.calbar.ca.gov/Portals/4/documents/gbx/JULY2012STATS.122112_R.pdf

http://admissions.calbar.ca.gov/Portals/4/documents/gbx/JULY2012STATS.122112_R.pdf

http://admissions.calbar.ca.gov/Portals/4/documents/gbx/JULY2012STATS.122112_R.pdf

Impact of the Pipeline on the Legal Profession

Source: ABA Lawyer Demographics


Group Lawyer Data %(Source: ABA)

Population Data(2010 Census)

White 88.1% 56.1%Asian 3.4% 4.8%

Black 4.8% 12.6%Hispanic 3.7% 16.3%Pacific Islander No data 0.2%

Native American No data 0.9%Other Minorities No data 6.2%Two or More Races No data 2.9%

Impact of the Pipeline on the JudiciarySource: ABA Standing Committee on Judicial Independence and

2010 US Census


Longevity

Group JudicialDemographics

Population 2010 Census

White 87.8% 56.1%Asian/Pacific Islander 1.3% 5.0%

Black 6.5% 12.6%Hispanic 3.5% 16.3%Native American .11% 0.9%Other Minorities .77% 9.1%Totals 100% 100%

Interventions – What Works

• Rigor, teaching critical thinking skills• Instilling student confidence• Setting goals• Role models • Longevity/continuity/stability of programs • Long-term investment, not short-term fixes• Data collection, program metrics


What YOU Can Do

Attorney participation in pipeline programs:• mentoring • role models • speaker bureaus • internships• field trips• mock trial programs• law-themed schools


What YOU Can Do

Attorney support for pipeline programs:• Student scholarships for LSAT and bar

prep courses • Support for law-themed school

students: clothing for interviews and internships

• Support for law-themed schools: supplies, trips, events


Model ABA Programs• Judicial Clerkship Program

http://www.americanbar.org/groups/diversity/diversity_pipeline/projects_initiatives/judicial_clerkship_program.html

• Legal Opportunity Scholarship

http://www.americanbar.org/groups/diversity/diversity_pipeline/projects_initiatives/legal_opportunity_scholarship.html

• Judicial Intern Opportunity Program (JIOP)

http://www.americanbar.org/groups/litigation/initiatives/good_works/judicial_intern_opportunity_program.html

• CLEOhttp://www.cleoscholars.orgAmerican Bar Association

Pipeline Council 55







http://www.cleoscholars.org/

Model School Programs• Legal Outreach http://legaloutreach.org/?page_id=2• Thurgood Marshall

http://www.thurgoodmarshallacademy.org/• The Ronald H. Brown Center Prep Program for

College Students http://www.stjohns.edu/academics/graduate/law/academics/centers/ronbrown/prepprogram

• Thomas M. Cooley Law School http://www.cooley.edu/• UCLA Law Fellows http://www.law.ucla.edu/current-students/get-

involved/outreach%20program/Pages/default.aspx


http://legaloutreach.org/?page_id=2

Model School Programs• Marshall Brennan Constitutional Literacy

http://www.wcl.american.edu/marshallbrennan• Street Law, Inc.

http://www.streetlaw.org/en/home• Just the Beginning Foundation

http://www.jtbf.org/• For People of Color, Inc.

http://forpeopleofcolor.org/


Model State and Local BarPipeline Programs

• Bar Association of San Francisco (BASF)http://www.sfbar.org/diversity/index.aspx

• State Bar of California: California Law Academy Strategic Task Force (CLAS) – California Partnership Programs http://www.cde.ca.gov/ci/gs/hs/cpagen.asp


Resources

• ABA Council for Racial and Ethnic Diversity in the Educational Pipelinehttp://www.americanbar.org/groups/diversity/diversity_pipeline.html

• ABA Center for Racial and Ethnic Diversity:http://www.americanbar.org/groups/diversity.html


Resources

• ABA Standing Committee on Judicial Independencehttp://www.americanbar.org/groups/justice_center/judicial_independence.html

• ABA Lawyer Demographicshttp://www.americanbar.org/resources_for_lawyers/profession_statistics.html


Resources• Law School Admissions Council

http://www.lsac.org/• The Association for Legal Career Professionals

(NALP)http://www.nalp.org/

fulltextofnalpprinciplesandstandards• ABA Pipeline Diversity Directorywww.ambar.org/pipelinedirectory


Resources – Reports and Other Publications

“The Educational Pipeline to the Legal Profession: A Thought Paper”

“Diversity in the Legal Profession: The Next Steps”
