Recent setbacks in the fight for diversity have been significant. The SFFA v. Harvard ruling has emboldened activists to challenge companies supporting women and minorities, lawsuits are targeting bar dues allocated to diversity initiatives, and the House has eliminated its Office of Diversity and Inclusion. With so many losses, it’s tempting to celebrate anything that looks like a win. But law firms’ vocal support for DEI should not be mistaken for meaningful action.
The Illusion of “Active Defense”
Law firms are publicly defending diversity efforts amid political backlash and economic uncertainty. However, their “active defense” often amounts to LinkedIn posts and panel discussions rather than substantive action.
For example, Davis Wright Tremaine is ramping up DEI education efforts through social media and opinion pieces. Their DEI chief, Yusuf Zakir, acknowledges a growing need to explain the importance of diversity. But is posting about diversity really the same as defending it? At best, this is the corporate equivalent of performative activism.
Other firms are taking a similar approach:
- Foley & Lardner is focusing on redefining DEI to emphasize inclusion for all, rather than just ethnic or gender minorities. While this broader perspective is valid, DEI still needs a clear purpose and actionable goals.
- The ABA recently reiterated its commitment to diversity, but statements without action accomplish little.
Talk Isn’t Enough—Firms Must Act
This is not a time for passive support or theoretical discussions about diversity. Real commitment requires real investment. An actual defense of DEI would mean:
- Retaining diverse employees, not making them the first to go in downturns.
- Backing up words with data, like increasing the number of diverse partners.
- Offering meaningful financial support, such as scholarships or sponsorships for underrepresented talent.
Unfortunately, the numbers paint a different picture. Diverse hiring is declining—entry-level hires at the top 200 law firms dropped from 2,371 in 2022 to 2,049 in 2023, according to Leopard Solutions. While lateral hiring overall declined by 23% in 2023, hiring of diverse candidates fell even more—by 31%.
As Laura Leopard, co-founder of Leopard Solutions, put it: firms haven’t just changed their language around diversity—they’ve actively scaled back their efforts.
Time for Action, Not Just Advocacy
If law firms want to showcase their commitment to diversity, they need to do more than post about it. They should:
- Highlight actual diverse hires in leadership roles.
- Promote equity partners from underrepresented backgrounds, not just offer them non-equity roles.
- Create tangible opportunities—scholarships, mentorship programs, and retention initiatives—that align with their diversity pledges.
Ultimately, DEI must be more than just a PR campaign. If firms want to be seen as champions of diversity, they need to prove it with action, not just words.
