The State Bar’s Annual Diversity Report Card released last month highlights the demographic composition of California’s 2023 attorney population and, for the first time, analyzes changing trends in demographic representation since 2019. The report also explores racial/ethnic and gender patterns in recent cohorts of attorneys admitted to the State Bar.
The report highlights record gains for people of color, driven largely by women of color, as newly admitted attorneys over the last five years. The report also notes that white attorneys still constitute nearly two-thirds of the overall attorney population, in contrast to California’s highly diverse population.
“While there have been encouraging advancements in the diversity of new attorneys, notably among women and people of color, these changes are gradual,” said Leah Wilson, State Bar executive director. “It’s important to recognize that such progress might not automatically sustain itself to create a lasting impact. Our commitment to actively fostering and championing diversity, equity, and inclusion within the legal profession is integral to both fulfilling our statutory mission and the goal of long-term, sustainable, change in the make-up of California’s attorney population. This approach is not about diversity for its own sake, but about understanding the essential role of representation in fostering an inclusive legal community and providing meaningful access to justice.”
Another new feature in this year’s report is an analysis of Latino and Asian subgroups among active attorneys, and detailed reporting on the intersection of race/ethnicity and gender identity.
Also included is a summary of a recently published study that examined how the share of licensees in inactive status among all licensees has changed over the last 10 years, the diversity of that group, and the reasons driving decisions to leave the practice of law. The State Bar’s ground- breaking DEI Leadership Seal Program, which recognizes legal organizations that demonstrate a commitment to diversity, equity, and inclusion in the legal field, is also highlighted in the report. The State Bar earned a Gold DEI Leadership Seal in January 2024 for its own efforts.
HIGHLIGHTS OF THE REPORT’S FINDINGS INCLUDE:
• At a third of the total of new admittees, women of color were the largest group of newly admitted attorneys in 2023, a trend that began in 2021.
• Latino representation among newly admitted attorneys has nearly tripled, increasing from 4 percent in 1990 to 11 percent in 2023. And the percentage of newly licensed Black attorneys has nearly doubled over the same period,rising from 3 percent to 5 percent.
• The proportion of newly admitted attorneys who identify as Asian has more than tripled since 1990, while the percentage of those identifying as multiracial has more than quadrupled.
• Several demographic groups have seen a significant increase in their representation among California’s licensed attorneys over the last five years, including both men and women of color, Asian, multiracial, Asian women, LGBTQIA+, Veterans and attorneys with disabilities. In contrast, the share of attorneys who identify as white has decreased.
• However, as it currently stands, white attorneys still constitute nearly two-thirds of California attorneys, in contrast to California’s highly diverse population. Latinos, in particular, continue to be severely underrepresented within the legal profession, constituting 37 percent of the state’s population but only 6 percent of all California’s licensed attorneys.
INACTIVE STUDY FINDINGS:
The inactive attorney survey was the first in-depth look at when and why attorneys choose to go on inactive status. Among its findings:
• Each year, about 4,600 attorneys choose to transfer to inactive status.
• The number of inactive status licensees increased by 38 percent over the last 10 years, reaching an all-time high of over 71,000 in 2023. The growth in inactive attorneys was primarily driven by those age 70 and older, who accounted for 12 percent of all licensees in 2023 compared with just 5 percent in 2013.
• In 2023, white men and white women are overrepresented among those transitioning to inactive status compared with their representation among all licensees.
• The analyses suggest that retirement is a significant reason for transitioning to inactive status, cited by over half of those making the switch.
• However, 43 percent indicate that retirement is not their motive, particularly women and attorneys of color, signaling a deliberate departure from active law practice. The State Bar will conduct further analyses to better understand why some attorneys are choosing to leave the practice of law before retirement.