END RACISM/SEXISM IN U.S. LAW FIRMS
One of the most noticeable phenomenon that are observed within the elite and large law firms in the U.S. in general and in the San Francisco region in particular, is the division and segregation of lawyers by race and gender. It is as though time stood still, and we are and not in the 21 Century.
In most instances, it is as follows:
*Most top law firms, consist mostly of White Males, with very little representation of females, or other racial or ethnic groups.
*Most lawyers working for the government tend to be Black, Asians, Latinos, Females, or a combination thereof. If you are a black female, for example, there is a very high chance that you are working for a governmental agency, be it local State or Federal.
*Mediocre firms and solo practitioners are a hodgepodge of Whites, Asians, Jews, and some Latinos. Of the solo practitioners, a large percentage of them are Jews, as oppose to other minorities, who are not incline to practice solo.
* Most firms, with very few exceptions, will employ Asians, usually females, and usually as associates. Asian associates tend to be hired in larger numbers because they are being perceived as hard workers, subservient, and with a very little chance of causing troubles or rocking the boat, so to speak. Also, hiring an Asian tends to serve as an "insurance" against allegation of racism and lack of diversity. Likewise, employing minorities as staff such as secretaries, clerks, legal assistants and receptionists will serve to rebut allegation of racism and discrimination in case such a claim is made. It also serves as a way of convincing the hiring partner that that he is not a racist by creating diverse workplace, and a chance to do some good while he is doing very well, indeed.
*If one of those "white shoe" firms will have a minority partner, he/she will be displayed and advertised to the world in an aggressive fashion, and in various ways such as award ceremonies, media interviews, luncheons, symposiums, MCLE, etc. Morrison & Forrester, for example, has a Latino partner that with the help of the media is being heavily promoted. Do not be surprised if you will see his white colleagues parading him on Market St.
This phenomenon can be observed at the law firm of Kerr & Wagstaffe, located in San Francisco, CA. The firm was co-founded in 1999 by James Kerr (“Rod” to friends) and James Wagstaffe. The firm boasts that it has established itself as a “premier” law firm. It represents many governmental entities such as various cities, the State Bar of California, and various companies that are on the “Fortune 500” list. You might recognize Mr. Wagstaffe name as the one of the authors of the Federal Civil Procedure before Trial published by the Rutter Group, and as a Professor at U.C. Hastings, San Francisco State University, and Stanford University.
While there is absolutely no scintilla of evidence or knowledge of any intentional misconduct, or otherwise, on the part of anyone at Kerr & Wagstaffe, it is interesting to observe few of the above mentioned elements being played out at the firm. For example:
*Out of 10 lawyers, all but one is White.
*Out of 10 Partners, all but one are Males. (This was changed around 2010, where a female partner was hired. Prior to that, for most of 2009, all the partners were men, and all the associates were females)
*All the associates are females. There are no male associates.
*All the females’ associates are white.
*All the female associates are young.
The above takes place in San Francisco where the D.A. is a black female, the Public Defender is a Philipino male, the City Attorney is a Latino male, the Executive Director of the State Bar is a black female, and the Dean of U.C. Hastings is a Latino male. In short, legal representatives that reflect California, and not Abercombie & Fitch.
Another example is the law firm of Allred, Maroko & Goldberg located in Los Angeles. While we all love to hate Gloria Allred, her firm is better law firm and the associates are of a higher caliber than the associates at Kerr & Wagstaffe. Yet, it is composed of a substantially different racial, gender, religious, and ethnic makeup.
The question is whether this pattern of “legal segregation” is appropriate, ethical and legal in the year 2010 in a place like the San Francisco region, which has one of the most diverse populations on earth, and one of the most diverse legal communities in the country.
As mentioned above, there is no proof of any misconduct on the part of anyone. However, we do need to reflect on the causes and solution to that ugly problem. Is it a result of intentional discrimination? Chance? Luck? Cultural forces? Connections? Subconscious discrimination? Clients’ preferences? Residual factors from the past? Familial pressures on women to stay home? Personal Preferences? Birds of a feather flock together? Or other social forces at play?
One is left to wonder…
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