By Armin Salek
How would you invest those funds if you received $1,000,000 to create a more inclusive legal profession?
Suppose you are like the folks I have asked so far. In that case, you will likely mention early childhood education, high school law pathways, internships for aspiring lawyers, LSAT funding, or similar pre-law school interventions. I have yet to hear the suggestion that we should use those funds on successful law students. Which makes sense. Would you invest in increasing the representation of women in STEM by finding exceptional female PhD candidates? Probably not. At that point, they are well on their way to success, and the added support wouldn’t change the voices and perspectives of the field.
So then, why, when looking at the immense landscape of what is called diversity investment, do the majority of access or opportunity programs in the legal profession serve successful law students? Why do we wait until there is no longer any risk and, in turn, no reward? What are the implications for delayed interventions in legal practice, especially regarding legal services to low-income Americans?
First, let’s talk about the incentives that support delayed interventions. If you are a large law firm, you are likely to be evaluated based on what are called diversity report cards. These evaluations score firms based on the number and proportion of associates and partners from underrepresented demographic groups. At first glance, this program is excellent for increasing the power of underrepresented lawyers.
After all, only 2.5% of law firm partners identified as Black and 3.0% as Hispanic, according to the 2024 ABA Profile of the Profession. However, these report cards incentivize firms to avoid early intervention programs. Why would they invest in taking a chance on a pre-law school aspiring lawyer when they could wait to see who makes it and pull them in after the risk is gone? While these practices are great for the financial status of those newly hired associates and promoted partners, they do nothing to change the overall composition of the legal profession.
But why does it matter that the financial barriers to and through law school leave some folks out? This is where we can go deeper than percentages and start thinking about the lived experiences that are overrepresented and underrepresented in our field.
To do that, I am going to create three oversimplified and exaggerated profiles. The first is Larry Lawyer, who is the son of an attorney. The second is Richy Rich, who grew up in a well-to-do family with financial access to a lawyer. The third is Jimmy Dreamer, who grew up dealing with the legal symptoms of poverty, including evictions and employment law issues related to underpayment of wages. Sometimes, Jimmy wasn’t aware of his legal protections, and even when he was aware, he struggled to find legal support. Without going too far out on a limb, I hope we can agree that Jimmy is the most likely to be filtered out of the pathway to the legal profession before law school due to financial barriers. Even though we desperately need his voice and experiences as reminders of where the legal profession falls short and how we can better serve low-income Americans, he will probably never have the chance to share those perspectives.
What is most frustrating is that I have met, taught, coached, and mentored many a Jimmy. Their insights, critical thinking, and mission constantly remind me that my law degree is as much a reflection of the opportunities made available to me as they are a result of any amount of work or commitment. I am here in a space that could be filled with someone more passionate and brilliant. Maybe I have the legal profession’s diversity efforts to thank.
Armin Salek is the founder and Executive Director of the Youth Justice Alliance, a non-profit that provides a four-year paid fellowship for aspiring first-gen lawyers. Fellows are paid to learn from expert practitioners, observe trials, support public interest leaders and prepare for the LSAT. He is a member of LSC’s Emerging Leaders Council.
Opening Doors: Expanding Access in the Legal Profession was originally published in Justice Rising on Medium, where people are continuing the conversation by highlighting and responding to this story.