A Call for Change: How to Make It Matter

In the aftermath of the murders of George Floyd, Breonna Taylor, and Ahmaud Arbery, a spotlight was shone on systemic racism. Law firms, companies, and organizations began taking a closer look at their diversity and inclusion policies in an attempt to initiate change. In the legal industry, the lack of diversity has been a long-standing issue. According to a 2021 report from the National Association for Law Placement (NALP), the overall percentage of black partners and associates in the United States stands at just 2% and 5%, respectively. Finnegan partner Scott Burwell said, “I have litigated patent cases for over 25 years and have had only one case in which another black attorney was opposing counsel. That is unacceptable.”

Scott also commented on the importance of quality mentorship for minority attorneys. He said, “The rate of attrition among minority attorneys is disproportionately high, which then results in even greater underrepresentation of black and Hispanic attorneys at the senior associate and partner levels of law firms. Consequently, junior Black and Hispanic attorneys face a comparative shortage of people who can serve as mentors and role models.” Scott noted that providing financial incentives to attorneys to help improve diversity is one approach to ensure there is real action.

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