August 2003
Overcoming Obstacles–and Involvement in the Community:
The Story of Latino Lawyers in Washington State
by Maria Chavez, Ph.D.
As part of my dissertation research, in 2001 I surveyed WSBA members across the state on the civic engagement of lawyers. What they shared is an amazing testament to the commitment and devotion they exhibit toward their communities and their profession.
The first survey, "Washington State Latino/a Attorney Survey," was mailed to 221 Spanish-surnamed active members of the Washington State Bar Association and 101 members of the Washington State Hispanic Bar Association.
A second survey, "Civic Engagement Among Members of the Washington State Bar," was mailed to a random cross-section of 1,900 active, non-Latino WSBA lawyers for comparison. One hundred two (102) Latino lawyers returned completed survey questionnaires, and 757 non-Latino lawyers returned questionnaires. The surveys showed that both Latino and non-Latino lawyers in Washington are highly civically engaged in their communities, and have similar positive experiences in the profession. However, Latino lawyers have additional personal and professional obstacles to overcome. (The first survey instrument included two sections on Latino cultural background. Aside from those two sections, the questions on both surveys are identical.)
The WSBA has few Latino members. Their lack of presence in the Washington legal community (currently around 1.1 percent) hinders the development of the civic health of Washington, especially now that Latinos are the largest ethnic/racial minority group in the state. The Latino population in Washington state increased 143 percent between 1990 and 2000, and now constitutes 7.5 percent of the population.
Underrepresentation of different groups in the legal profession is not new; its causes have evolved over time. Southern and Eastern European immigrants were excluded from joining the profession in the early 20th century. In some states, non-WASP (white, Anglo-Saxon, Protestant) lawyers were not admitted into the American Bar Association (ABA) until the World War II era. Nighttime law school classes were reserved for poor and minority students. Daytime schools became the preparation for the elites who had entry into established firms directly from law school.1 More recently, increasingly prohibitive law-school costs and bar-exam fees have resulted in poor and minority students continuing to be excluded from joining the legal profession. In Washington and the United States generally, the legal profession continues to be highly stratified by both race and class. Public confidence in the legal profession as a whole would increase if the profession looked more like society as a whole.
The ABA's Commission on Opportunities for Minorities in the Profession reported several major concerns about the status of minority lawyers in the legal profession during the period 1986-1998. Though minority representation in the U.S. legal profession has increased from five percent in 1980 to 7.45 percent in 1990, that growth has not had much impact on diversity in upper-level private-firm positions. Most minority lawyers serve in government or in public-interest organizations. Representation of minority women continues to be bleak, with persistent problems such as being "pigeonholed" in family law positions; low representation in law school faculty positions; a high attrition rate at law firms (close to 86 percent of minority women leave law firms within seven years); and minority males vastly outnumbering minority females in areas of law firm partners, patent lawyers, and judges. The report makes clear that much more needs to be done to bring about diversity in the legal profession: "Despite this incremental progress, however, formidable obstacles to 'full and equal participation' remain."2
The Role of the Legal Profession in Civic Engagement
Turning to civic engagement, the legal community has had a long-standing concern with civic engagement and professional outreach efforts. Norms of professional behavior include public service through volunteerism, pro bono work, and mediation services, among others. These standards stem, in part, from the fact that lawyers exercise great influence on the public and society and, thus, have a civic duty to serve society as part of their professional role.
What is the current level of commitment to civic engagement and pro bono work of the legal profession in Washington, and how does it compare to other states?
A 2001 study addressed the role of Chicago lawyers and the character of their civic engagement by investigating their participation in civic and voluntary associations. The study found that over 70 percent of Chicago's lawyers are involved in community organizations or civic associations.3
Another study looked at the ABA's civic trends and behaviors over the period 1875-1995. The authors examined the role of civic engagement among various professions and professional associations throughout a 120-year period, finding that, overall, "community and civic activities are embedded in the organizational life of the professions to a greater degree than they were in the past."4 Civic engagement has become incorporated into the structures of lawyers' lives, so that "professional associations are actively engaged in civic and community life, in all likelihood more than ever before."5
Scholar Ryan Bennett has argued that lawyers have a special responsibility "to serve as community educators."6 This view of the lawyer as "statesman" or "social trustee" is not new.7 However, Bennett contends that "cultivating virtue in the community as legal educators" is one of the greatest responsibilities with which lawyers are entrusted. He argues forcefully that "public education is simply part of the lawyer's professional and civic duty." Recognizing increasing interest by bar associations and law schools in civic engagement, Bennett says the legal profession presents an opportunity for enhanced civic renewal in America, and lawyers are a hope for saving and preserving American democracy.
Viewed from this broader perspective of professional obligation, it is especially important to understand the civic engagement patterns of Washington's Latino lawyers, because of their unique position as professionals from a minority ethnic and racial community with many needs. Latino lawyers are in a good position both to make policy changes in their respective communities and to encourage those communities to become more civically engaged.
Presentation of Data
Current Latino WSBA members have practiced law for an average of only nine years, with a median of seven years. The comparison group of non-Latino lawyers' average years of practice in Washington is 14, with a median of 12 years. Latino lawyers also come from vastly different socioeconomic backgrounds than their non-Latino counterparts. This is referred to as "inherited intellectual capital,8 the educational background of one's grandparents and parents. Survey data on both groups of lawyers provide dramatic evidence of their disparate upbringings. Table 1 presents the survey results. The table clearly shows that Washington's Latino lawyers come from backgrounds with decidedly lower levels of "inherited intellectual capital," indicated by their parents' modest levels of formal education compared with non-Latino lawyers.
The contrasts are especially noticeable in the differences in the rate of attainment of high-school diplomas and baccalaureate degrees. The percentage of Latino attorneys' mothers and fathers who did not have a high-school diploma—43.4 percent and 38.4 percent, respectively—compared to non-Latino attorneys' mothers and fathers—5.4 percent and 7.6 percent, respectively—is the most pronounced. Only 15.2 percent of the mothers and 15.2 percent of the fathers of Latino lawyers held B.A. degrees, as compared to 27.5 percent of non-Latino lawyers' mothers and 24.4 percent of non-Latino lawyers' fathers.
The difference between the two groups holds with respect to the completion of advanced degrees as well. Non-Latino lawyers' fathers hold twice the percentage of graduate degrees (21.9 percent vs. 10.1 percent) as those of their Latino lawyer counterparts. Nine percent of the comparison-group lawyers reported having fathers who were lawyers themselves, while only two percent of Latino lawyers reported the same.
How do these lower levels of inherited intellectual capital have an impact on Latino lawyers in their law-school experiences and the likelihood that they would make the same career choices again? To answer these questions, it was important to attempt to document what "obstacles and burdens" both Latino and non-Latino lawyers said they faced during their law-school experience. To gain insight into possible obstacles faced, a multi-element statement was devised. The question-and-response format used in the survey reads as shown. (See Table 2)
The survey findings reveal that the greatest difference in the obstacles faced by the two groups of Washington lawyers arises from family obligations and insufficient knowledge of how to get into law school. Both groups of lawyers indicated that the cost of a law-school education presented the biggest obstacle they faced in attaining their law degrees. The proportion of survey respondents identifying family obligations as an obstacle differs significantly across comparison groups: 40.5 percent of Latino lawyers called family obligations "somewhat" an obstacle or a "substantial" obstacle, compared to only 23.1 percent of non-Latino lawyers.
There is also a considerable difference in the survey responses on knowledge of how to get into law school; 34.3 percent of Latino lawyers indicated that such knowledge was "somewhat" an obstacle or a "substantial" obstacle, as compared to only 3.4 percent of the comparison group. As noted above, the overall cost of a law-school education was seen as a formidable obstacle for both groups of lawyers; however, there were marked differences between Latino and non-Latino lawyers on this dimension as well; 65.7 percent of Latino lawyers indicated that cost was "somewhat" an obstacle or a "substantial" obstacle, while just over half (53.1 percent) of the comparison group of non-Latino lawyers indicated that cost was "somewhat" an obstacle or a "substantial" obstacle for them.
Despite these substantial gaps in levels of obstacles experienced during law school, overall satisfaction with law-school education was quite high for both groups. On the high end of the "satisfaction" scale, 47.5 percent of Latino lawyers indicated they were "very satisfied" with their law-school education, compared to 49.9 percent of the comparison group of non-Latino lawyers. The proportion expressing dissatisfaction ranged from 12.9 percent of Latino lawyers who indicated they were either "a little dissatisfied" or "very dissatisfied," to 8.7 percent of the comparison group of non-Latino lawyers who indicated they were either "a little dissatisfied" or "very dissatisfied" with their law-school education.
There was a bigger gap between Latinos and non-Latino lawyers when asked how likely it would be that they would go to law school again if given the choice. 52.5 percent of Latino lawyers indicated "very likely," as compared with only 39.5 percent of non-Latino lawyers. There is a smaller gap in those who replied "a little unlikely" or "very unlikely," with 18.2 percent of Latino lawyers, compared to 22 percent of non-Latino lawyers, stating that it was "a little unlikely" or "very unlikely" that they would go to law school all over again.
The level of overall job satisfaction is high for both groups. 84.2 percent of Latino lawyers and 82.9 percent of the comparison group indicated they were either "very satisfied" or "moderately satisfied"; 11.9 percent of Latino lawyers indicated they were either "a little dissatisfied" or "very dissatisfied" with the work they currently do, while 12.9 percent of the comparison group felt that way.
In terms of membership in professional organizations, more than half the lawyers from both groups belong to at least three professional organizations—54 percent of Latino lawyers and 53.5 percent of the comparison group. When asked the question, "Do you personally provide any pro bono legal services?" over half the lawyers surveyed—66.3 percent of Latino lawyers and 65.2 percent of non-Latino lawyers—replied "yes." With regard to type of law practice, Table 3 summarizes the survey findings. Latino lawyers and the comparison group of non-Latino lawyers are quite similar in areas of practice.
Both Latino and non-Latino lawyers share a strong interest in politics. Voting rates were extraordinarily high for both groups of lawyers. Ninety-six percent of Latino lawyers and 97.3 percent of non-Latino lawyers said they voted in the 2000 presidential election. Asked if they were interested in local community politics and local community affairs, 72.1 percent of Latino lawyers responded that they were either "very interested" (41.2 percent) or "moderately interested" (30.9 percent), as compared with 78.9 percent of non-Latino lawyers (with 33.3 percent responding "very interested" and 45.6 percent indicating they were "moderately interested").
The amount of time and money Washington lawyers spend on community political activities is comparable for both groups. 41.6 percent of Latino lawyers indicated that they have worked as a volunteer for a candidate running for national, state, or local office; and 57.9 percent of non-Latino lawyers indicated that they have done so. In the last four years, 63.4 percent of Latino lawyers contributed money to a political candidate, political party, or political action committee or similar type of organization, compared to 71.4 percent of non-Latino lawyers. When asked how often they discuss local politics, 41.8 percent of Latino lawyers indicated they discuss politics every day or nearly every other day, as compared to 44.8 percent of non-Latino lawyers.
To further measure Washington lawyers' patterns of civic engagement, I asked more questions concerning volunteerism. The survey data revealed that 63.6 percent of Latino lawyers spend time on charitable or voluntary service activities, while an even higher rate—71 percent—of the comparison group of non-Latino lawyers are so engaged. Overall, financial contributions to charitable or voluntary service activities are even more frequently noted than are time commitments for both groups; 78.6 percent of Latino lawyers and 89.8 percent of the comparison group reported contributing money to charitable and/or voluntary service organizations. However, the proportion of voluntary activities decreased substantially for both groups with regard to church-related volunteer activities in the previous 12 months, with 23.5 percent for Latino lawyers as compared to 30.2 percent of non-Latino lawyers reporting being active in special projects and/or serving on committees in their churches or synagogues.
My surveys reveal that Latino lawyers in Washington are highly satisfied in their professions and are actively engaged in their communities. They report similar levels of civic engagement and association membership as non-Latino Washington lawyers. Indeed, Washington lawyers' engagement in civic life is quite high by any measure, and is comparable to the civic engagement rate of Chicago lawyers mentioned previously. The Washington state attorney survey data demonstrate that Latino lawyers use their newfound status to become civically engaged, mainly in the larger community.
In general terms, what did the survey reveal about Latino lawyers and the comparison group of non-Latino lawyers in Washington?
Both groups are similar on many measures, ranging from satisfaction with the law-school experience to the type of legal work in which they are engaged. The similarities experienced in terms of satisfaction with their profession, levels of civic engagement, and types of law practiced are testaments to the professional success of Washington Latino lawyers.
The results also reveal that both groups of lawyers begin their professional careers from very different places, thus telling the story of Latino lawyers having to travel a greater distance to get to where they are today. Indeed, because of their lack of inherited intellectual capital, most Latino lawyers have had to negotiate a variety of educational boundaries, sometimes including language and class. These Latino lawyers truly "come from a different world" than their otherwise similar counterparts in the legal profession.
Professional Obstacles Faced by Latino Lawyers
My research revealed an increasing desire and obligation on the part of lawyers toward civic engagement and community service. However, this small presentation of the data is only the tip of the iceberg. Despite the many positive findings in the surveys, Latino lawyers face greater demands and also often greater obstacles in their professional lives.
In the survey, I asked if being Latino/a has caused difficulties in their profession. The survey questionnaire featured a two-part question, with a "yes" or "no" check-box and two lines for comment.
Forty-six percent of the survey respondents answered yes—being Latino has caused them difficulties in their profession. Fifty of the 100 Latino lawyers answering this question included a comment, closely matching the 46 percent who marked "yes."
Many of the comments included strong statements reflecting negative experiences with stereotypes and discrimination. The following examples are representative of their written comments:
"Societal stereotypes are very common in the legal profession. Most people believe you are a clerk/bailiff, or interpreter."
"Having to overcome other people's prejudice; feeling different due to different values."
"Only to the extent that persons of color must be better than others to succeed. I truly believe this."
"Difficult to do jury trials because majority of jurors are retired white people."
"Not treated the same as my counterparts by courts, colleagues."
"Do not fit in with the big firm culture."
"Latinos are not well regarded in this country and other professionals do not know how to interact (threatening?)."
"I was not considered a good 'mix' for certain firms; looked upon as unqualified or undesirable."
"The primary difficulty being Latino/Hispanic has caused [me] has been in the interview process as I was seeking my first job. Later, it has been a problem working within the system due to systemic and long-held racial discrimination issues. I served on the original Minority and Justice Task Force and that confirmed my view about widespread discriminatory practice."
"People don't take you seriously."
"Presumption of incompetence."
"Negative stereotypes: lazy, affirmative action."
A few lawyers believe being Latino is an asset to their professional practices, and they wrote positive comments:
"Being bilingual is an advantage in my area of practice."
"My answer might be different if I had chosen a different area of practice. In immigration law it is an asset—gives me credibility."
"It has also been a great advantage."
"If anything, it makes my perspective unique, and that's what the legal community needs."
Many of these themes were elaborated upon by participants in focus-group interviews I conducted with some of the Latino respondents. Many feel exclusion is still an issue with which they must contend. Their civic involvement is largely intertwined with the complexity of their sense of Latino ethnic identity and history, and the fact that they have had, and continue to have, unique struggles in their professional experiences.
I also found Latino lawyers strongly desire to help the Latino community get to a better place in American society. These Latino lawyers, more than half of whom are first-generation college graduates, know firsthand what discrimination and cultural alienation feel like.
At the same time, they have transcended many of the obstacles with which the Latino community at large is still contending. Most of these Latino lawyers understand that their professional status is what separates them from the lives of less-privileged Latinos throughout the country. Because of this, they are committed to using their newfound professional status not only to give back to the greater Latino community, but also to improve prospects for social equity in the United States. By the nature and types of their civic and professional involvement (however uncomfortable and alienated they may feel at times), they are using their professional location to bridge Latino and mainstream communities with the goals of fostering understanding and acceptance between Latino and mainstream groups, promoting justice, and advancing civic ideals.
Perhaps the most important theme I found time and again in my research was the notion that Latino lawyers needed to be "ten times better" as professionals than their non-Latino counterparts. This subtle, pervasive knowledge that these Latino professionals have to deal with throughout the day and every day—that they are being judged by a higher standard by their colleagues, clients, and even community members—is something that must be explored further, because it may be easy to understand in a theoretical sense; however, it is an issue that may be difficult to grasp in a personal sense unless one has experienced it. The demoralizing nature of dealing with the daily "micro-aggressions," or of having one's clients questioning one's credibility and "proper credentials," or the energy required because "you have to be ten times better," or "most people believe you are a clerk/bailiff, or interpreter," cannot be emphasized enough. It can affect all aspects of one's professional and civic life as an ethnic and racial minority professional in American society.
Conclusion
It is encouraging that this community of Latino lawyers—who have surpassed many obstacles to achieve their professional status—displays extraordinarily high levels of civic engagement. Overall, 80.4 percent of Latino lawyers were engaged in one or more of a list of civic activities, as compared to 86.9 percent of the comparison group of non-Latino lawyers.
This study has clear implications for the legal community, and for every professional group that is diversifying (or hoping to diversify). Given that Latino lawyers are highly satisfied with their choice of profession and are civically engaged in comparable ways to the comparison group of non-Latino lawyers, it is essential that the legal profession take the steps required to ensure that more Latinos and other minority lawyers make it to the ranks of partner in law firms.
How can a group of lawyers who are so committed to the profession and to the communities in which they reside continue to remain marginalized? If the legal profession does not address the issue of diversifying its profession, particularly in the area of firm retention and promotion of minority lawyers, a pattern of increased marginalization will exist, and we will have lost an opportunity to promote social cohesion in an increasingly diverse state.
Maria Chavez is an assistant professor of political science at Seattle University, and has a Ph.D. in political science from Washington State University. She adds: "The survey data collected for this paper was made possible by the support of my mentor and friend Nicholas P. Lovrich, with funding from the Division of Governmental Studies and Services at Washington State University, Pullman, Washington.
NOTES
1. Jerold S.Auerbach, Unequal Justice: Lawyers and Social Change in Modern America (New York: Oxford University Press, 1976).
2. American Bar Association, Miles to Go: Progress of Minorities in the Legal Profession (Washington, D.C.: Commission on Opportunities for Minorities in the Profession, 1998).
3. John P. Heinz and Paul S. Schnorr with E. Laumann and R. Nelson, "Lawyers' Role in Voluntary Associations: Declining Social Capital?" 26 Law & Social Inquiry 597 (2001).
4. Steven Brint and Charles S. Levy, "Professions and Civic Engagement: Trends in Rhetoric and Practice, 1875-1995," in Civic Engagement in American Democracy, Theda Skocpol and Morris P. Fiorina, eds. (Washington, D.C.: Brookings Institution Press, 1999).
5. Brint and Levy at 198.
6. Ryan Blaine Bennett, "Safeguards of the Republic: The Responsibility of the American Lawyer to Preserve the Republic Through Law-Related Education," 14 Notre Dame Journal of Law 651, 652 (2001).
7. Heinz, et al., 2001; Brint and Levy 1999.
8. William Bowen and Derek Bok, The Shape of the River: Long-Term Consequences of Considering Race in College and University Admissions (Princeton University Press, 1999).
Other references: Fryer, Alex. "Diversity Lacking in the Legal Profession," The Seattle Times, June 4, 2001; Glater, Jonathan D., "Few Minorities Rising to Law Partner," The New York Times, August 7, 2001.
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