Conclusion
This report explored the diversity of California’s 2023 attorney population across multiple demographic characteristics and traced how diversity has changed since 2019, the first year the State Bar began collecting comprehensive demographic data from its licensees. The report also reported on Latino and Asian subgroups and detailed intersectional race/ethnicity and gender identity among licensees for the first time. Analyses of newly admitted attorneys examined how diversity among this group of attorneys has changed since 1990 and over the last five years. Finally, the report summarized a recently published report that examined the diversity among California attorneys who transferred to inactive status and explored the reasons behind their decision.
KEY FINDINGS
- Despite growth in the proportion of women and people of color over the past 30 years, California’s attorney population does not reflect the state’s diversity.
- Since 2019 (and in the case of veterans, since 2020), several groups of attorneys have seen a significant increase in their representation in California. These include Asian, multiracial, people of color, men of color, women of color, Asian women, LGBTQIA+, veterans, and attorneys with disabilities.
- Conversely, during the same period, there has been a decrease in the representation of men (overall), white men, and white women among all California attorneys.
- Women comprised 56 percent of attorneys admitted to the State Bar in 2023, and people of color comprised 55 percent, marking an all-time high for representation of people of color.
- Women of color remain the largest group of newly admitted attorneys, a trend that began in 2021. Asian and multiracial women experienced the largest growth in representation among newly admitted attorneys since 1990.
- 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. Similarly, the Latino representation among newly admitted attorneys has nearly tripled, increasing from 4 percent in 1990 to 11 percent in 2023. In addition, the percentage of newly licensed Black attorneys has nearly doubled over the same period, rising from 3 percent to 5 percent.
- All racial/ethnic groups experienced an increase in representation among newly admitted attorneys since 2019, except for American Indian/Alaskan Natives and Native Hawaiian/Pacific Islanders, who saw a decline in their numbers.
- The increasing racial/ethnic diversity among the most recent cohorts of newly admitted attorneys is primarily driven by women. However, this varies by racial/ethnic group, with the representation of Asian and multiracial women steadily increasing, while that of Black women experiencing a slight downward trend despite being higher than it was in 2019. Several groups of men of color experienced a slight decrease in representation in 2023 in comparison to 2022, the prior year, including Asian men, Black men, and multiracial men.
- On average, approximately 4,600 attorneys choose to transfer to inactive status on an annual basis, effectively relinquishing their ability to practice law in California.
- Except for Black men and women, all groups of attorneys of color were younger than white men and women attorneys when they transferred to inactive status, with Asian, Eastern/North African, and Native Hawaiian/Other Pacific Islander women among the youngest.
- More than half of the attorneys who transitioned to inactive status attributed their decision to retirement, while 43 percent indicated that retirement was not their motive, signifying a deliberate departure from roles that necessitate an active law license. Women (as a group) and all groups of men and women of color were less likely to attribute their transition to inactive status to retirement from the workforce than men (as a group) and white men and women.
- In 2023, both white men and white women are overrepresented among transfers to inactive status, and the analysis suggests that age and retirement plans were contributing factors for white men and, to a lesser extent, for white women.
- “Alternative work schedule/flexible hours” was the most frequently identified workplace area influencing decisions to transfer to inactive status in 2023 among men, women, white, Latino, and Asian attorneys. “Diverse colleagues/networks” was Black attorneys’ most frequently chosen factor. Other reasons cited include practicing law in other states, not practicing law at all, wanting to change careers, and other personal reasons relating to family and health.
DEMOGRAPHIC CHANGE AMONG CALIFORNIA’S ATTORNEYS
The analyses in this report underscore the importance of analyzing the demographics of the incoming flow of newly admitted attorneys and the outflow of attorneys who select to transfer to inactive status.
First, the two sets of analyses provide valuable insights into the racial/ethnic and gender composition of the current attorney population. Although women and people of color comprise most new attorneys joining California’s legal profession, the share of nonwhite attorneys among the total active attorney population has shown slow growth over the past five years, with the share of attorneys identifying as women even stagnating. This finding may appear contradictory when considering that white attorneys and men comprise most attorneys transferring to inactive status. While one might expect the influx of women and people of color to lead to a more diverse legal profession, the reality is that this transformation is and will continue to be gradual due to the sheer magnitude of California’s active attorney population, which is approximately 196,000. The State Bar typically admits around 5,000 to 6,000 new attorneys yearly, while roughly 4,500 attorneys transfer to inactive status. These statistics underscore the incremental pace of change in achieving greater diversity within the legal profession.
Second, while it is encouraging that women and people of color comprise most newly admitted attorneys, the analyses that explore age and retirement plans among attorneys who transferred to inactive status in 2023 revealed that most women and groups of men and women of color and people of color transfer to inactive status with no plans to retire from the workforce. This deliberate departure from positions that necessitate an active law license in California raises valid concerns about career longevity within the legal profession, although the analyses suggest that attorneys transfer to inactive status for a variety of non-retirement reasons, both related to experiences in the workplace as well as those unrelated to it. The State Bar will conduct further analyses on the factors contributing to diverse attorneys leaving the legal profession.
STATE BAR EFFORTS TO PROMOTE DIVERSITY AND INCLUSION
The State Bar is committed to ensuring its research on attorney diversity will translate into results. The following section describes an employer program the State Bar launched in 2023.