FEW AND FAR BETWEEN: THE REALITY OF LATINA LAWYERS

PRESIDENT’S MESSAGEThe HNBA Commission on the Status of Latinas in the Legal Profession and this Study were born from both difficult experiences andgreat hope. When I started my career twenty years ago, I was the onlyLatina lawyer (indeed, the only Hispanic lawyer) at a large law firm. Mycolleagues in the partnership were, by and large, great and supportivepeople. As one wrote recently, however, they had “no idea how tohandle” me. I did not realize it at the time, but the truth is that I couldsay the same with respect to them. At least early in our interactions, welacked the benefit of extensive shared experience to guide our way.Ramona E. RomeroI stayed at the firm for ten years and I did progress, but not without first making many“political” mistakes or without often feeling like a flower trying to bloom in the desert. I yearned fora road map, for a clear articulation of the rules. A decade and many extraordinary professionalexperiences later, I am more adept at navigating my professional environment and less prone tolook to external sources for nourishment and direction. Still, the sense of frustration and isolationsometimes reemerges—a result, I suspect, of the fact that I am often the only Latina lawyer in manyenvironments. We female Hispanic lawyers are indeed few and far between. In most work settings,we encounter no other Latinas we can look to as evidence that success is attainable.That brings me to the hope underlying this Study. Change is impossible without understanding.May this effort lead to a better understanding of the barriers Latina lawyers encounter and of thestructural changes required in order to enable success. May all lawyers—regardless of gender, raceor ethnicity—benefit and grow from learning about the experiences of the women who participatedin the Commission’s Study. May the insights and wisdom the women shared serve for others as theroadmap and nurturing I craved earlier in my career. May it prompt institutional leaders in our profession to collaborate to address the issues identified through the Study. May it inspire each of us towork individually and collectively to support and open doors for others. May we treat our daughtersand each others’ daughters as if they were the next Sonia Sotomayor, the next Barack Obama, thenext . . . . Well, the possibilities are endless.An endeavor of the Study’s magnitude requires the active engagement of scores of people. Mythanks to the women who participated in the Study, to the Commissioners, and to the HNBA Boardof Governors and our Affiliates for supporting my vision. Words cannot convey my gratitude toDolores Atencio and Clarissa Cerda (the Commission’s Co-Chairs) and to the female past Presidentsof the HNBA (Dolores, Mari Carmen Aponte, Mary Hernandez, Lillian Apodaca and AliceVelazquez), who contributed their support and lots of volunteer hours to make this project and myterm as HNBA President a success. Last, but far from least, my thanks to our volunteer researchersand Study co-authors, Jill Cruz and Prof. Melinda Molina, for their incredible work. Un millón degracias.National Study on the Status of Latinas in the Legal Profession 1

2 National Study on the Status of Latinas in the Legal Profession

FOREWORD: NATIONAL STUDY &COMMISSION CO-CHAIRS“1 out of 111” denotes the first and sole Hispanic on the United StatesSupreme Court in 220 years of the Court’s existence. Of 110 AssociateJustices since 1798, with 17 serving as Chief Justices—no Latinas/os everhad been nominated or confirmed before Justice Sonia Sotomayor onAugust 8, 2009. That the first Hispanic Supreme Court Justice is a Latinalawyer, simply stated, is incredible and defies the numbers. There are only13,000 Latina lawyers in the United States today.A year ago, the possibility of having a Latina appointed to theSupreme Court seemed only a dream for many; today, it is a reality. A yearDOLORES S. ATENCIOago, the thought of actually being able to publish the first National Studyon the Status of Latinas in the Legal Profession seemed an overly ambitiousgoal to many; today, it, too, is a reality. What started out as an attempt to provide quantitative and qualitativeresearch findings about the status of the Latina experience in the legal profession in the United States, has alsoresulted in the documentation of a unique insight into one sector of the female workforce in the United States thathas for many years gone unnoticed or been overlooked.In the current political and corporate environment where there exists provocative discussion about the rolesenior women play in the successful management and profitability of corporations and other organizations, thisunique insight may prove invaluable in and of its own right to those looking for clues about how to tap into thiswealth of potential talent—that, as of yet, seems largely untapped in light of the findings in our National Study.For many of us, though, these findings also serve as a testament to the struggles we have had to overcome, fromwithin and outside of our families and communities, to obtain an education and become members of a very elitelegal profession. Latina lawyers, we believe, have and will continue to forge their own unique identity in thisprofession with their rich and undeterred spirit.The journey to this final report was rewarding and enriching. To all the Latinas who participated in theStudy, especially those who shared deeply personal and difficult life stories during the focus group, we thankyou. Words inadequately capture the amazing and rare opportunity we have had to meet and engage with otherLatina lawyers.To our researchers and authors, Jill Cruz and Professor MelindaMolina, we and generations of Latina lawyers to come, will be forevergrateful to you. Your dedication and countless hours of work in documenting the reality of Latina lawyers not only will serve as the HNBA’splatform for change, but hopefully, as a useful and valuable resource tothe legal profession in general. Additionally, we thank HNBA PresidentRamona Romero, the original “mandona,” for this incredible experience.What started out as a labor of love, has developed into a fiercemission. On behalf of the Commissioners, and to our researchers, weare committed to advocating for the implementation of the recommendations in this National Study in order to ensure an abundance offuture generations of Latina lawyers. In closing, we especially thank theCommissioners for their work and dedication to this labor of love andwork of the Commission.CLARISSA CERDANational Study on the Status of Latinas in the Legal Profession 3

4 National Study on the Status of Latinas in the Legal Profession

STUDY RESEARCHERS AND AUTHORSJILL LYNCH CRUZJill Lynch Cruz is Founder and President of JLCConsulting, LLC, a strategic human resourcemanagement and diversity consulting firm thatserves clients in the legal industry. Jill has over20 years of senior level human resourcesexperience, most of which is within the legalprofession, including most recently as the ChiefHuman Resources Officer at an AmLaw 100DC-based law firm. In addition, she is veryactive in several non-profit boards and associations, including as the Chair of the AmericanRed Cross—Cincinnati Chapter’s HR Committee,and also as a member of the Research AdvisoryBoard for the American Bar Association’sCommission on Women in the Profession. Jill isa candidate for a doctorate in Organization andManagement from Capella University and holdsa master’s degree in Human ResourceManagement from the University of Maryland aswell as a bachelor’s degree in Psychology fromthe University of Maryland. She is also certifiedas a Senior Professional in Human Resources(SPHR).MELINDA SOMMERS MOLINAMelinda Sommers Molina joined St. John’sUniversity School of Law as a Research Professor and Fellow of the Ronald H. BrownCenter for Civil Rights and Economic Development in 2008. Her scholarship focuses on howthe law impacts subordinate and marginalizedgroups in the United States. Melinda currentlyteaches criminal law and a Latinas/os in the Lawseminar. She previously taught a course at JohnJay College of Criminal Justice and Hunter College on the sociological, economic, and politicalexperience of Latinas/os in the United States.Previously, Melinda was a ligation associate atSullivan & Cromwell LLP. Prior to Sullivan &Cromwell LLP, Melinda clerked for the Honorable Robert J. Passero. She received a B.S. inLegal Studies from John Jay College of CriminalJustice in 1998 and her J.D. from Rutgers University School of Law in 2002.National Study on the Status of Latinas in the Legal Profession 5

6 National Study on the Status of Latinas in the Legal Profession

EXECUTIVE SUMMARYThe historic appointment of Justice Sonia Sotomayor as the third woman and first Latina to serve onthe nation’s highest court—and her story of overcoming tremendous obstacles—have resonated withmany Latinas. But Latinas—who make up 7% of the total U.S. population and are part of the largestand fastest-growing ethnic and racial group in the United States—represent only 1.3% of the nation’slawyers, the lowest representation of any racial or ethnic group as compared to their overall presence in the nation. Despite the focus on the underrepresentation of women and people of color inthe legal profession, few studies have examined the experiences and issues unique to Latina attorneys, and none on a broad scale.In response, the Hispanic National Bar Association (HNBA), a national bar association committed toaddressing the issues affecting Latinas/os in the legal profession, commissioned this National Studyof the Status of Latinas in the Legal Profession, to understand the barriers and issues Latinas face as aresult of their status as ethnically and racially diverse females, and how this intersection affects theirexperiences and career advancement. The overarching goal of this Study is to inform legal andbusiness institutions about the unique issues and barriers Latina lawyers face in their legal careers,and how these may negatively affect their presence and advancement in the profession. Armed withthis information, these institutions can develop strategies and take the necessary steps not only toremove the barriers that threaten their entry; but also to promote their presence and advancement inthe legal profession.This landmark Study is the first of its kind to provide both qualitative and quantitative data on theexperiences and status of Latinas in the legal profession, on a national level and across all majorlegal sectors (including law firms, corporate counsel, government, the judiciary, and legal academia).The Study provides both a demographic and professional profile of more than 600 Latina attorneysand explores their experiences and how they have navigated their legal careers. This research isintended to help academic, legal, and business institutions better understand the issues and barriersthat limit Latinas’ advancement within the legal profession and to develop strategies aimed at changing the status quo.THE STUDY’S MAJOR FINDINGSThe major findings from this Study include (1) a profile of the Latinas who participated in the Study,(2) the formative experiences that influenced Latina attorneys’ entry into the legal profession, and(3) their professional experiences and its impact on their careers.Profile of the Latina Study ParticipantsThe majority of the Latina attorneys in this Study are between the ages of 31-40 years. While thefocus group participants had slightly over 10 years experience practicing law, the majority of surveyparticipants had considerably fewer years in the profession. A majority are married, fewer than halfhave children living at home, and almost none have parents living in the home. A majority identifythemselves as of Mexican descent and racially White; the ethnic and racial composition of the Latinaattorneys closely mirrors that of the overall Latina population in the United States. Most are secondor third-generation Latinas and consider English their primary language, and more than half arebilingual in both English and Spanish.Almost all of the Latinas work full-time. A majority are associates in law firms working in such areasas Litigation and Employment Law. The other main areas of employment are government, the judiNational Study on the Status of Latinas in the Legal Profession 7

ciary, corporate counsel, and legal academia. The majority of corporate counsel and governmentsector attorneys work in non-supervisory positions. Latinas in legal academia primarily work asadjuncts and non-tenured law professors. The majority of those in the judiciary work as state courtjudges.The findings from this Study suggest that Latinas are inadequately represented in leadership positions throughout the profession, and there is some indication that they may earn less than theirnon-Latina counterparts.Formative Experiences Influencing Entry into the Legal Profession The Importance of Strong Attorney and Latina Role ModelsThe vast majority of Latinas in the Study were not exposed to attorneys growing up. As aresult, they did not consider a career in the legal profession until college or later. However,the relatively few Latinas who had access to attorneys in their families during their formative years emphasized how this early exposure to attorney role models positively influenced their decision to pursue a legal career, by inspiring and serving as an example ofwhat they could achieve. These women also credit other strong Latina role models in theirlives, especially their mothers, who encouraged them to pursue their educational andcareer-oriented goals, and who counteracted the gender and cultural inhibitors the Latinasoften faced. Parental Support for EducationThe parents of the Latinas in the Study placed a high value on being well-educated as ameans to a better life; this was an important factor in the Latinas’ ability to overcome significant educational barriers, including institutionalized discouragement. The path to lawschool was indirect and serendipitous for most of the Latinas in this Study. However, thehigh value their parents placed on education served as a catalyst for them to eventuallypursue this route. The Law School Cultural DivideThe Latinas in the Study were often one of the very few Latinas—or the only Latina—intheir law schools. This minority status led to feelings of isolation and alienation,exacerbated by a significant cultural divide that distanced them socially and academicallyfrom their non-Latina peers. This contributed to feelings of self-doubt and the belief thatthey needed to work harder than others to fit in and succeed.Professional Experiences and Their Impact on the Latinas’ Careers 8 The Intersection of Gender, Ethnicity, and RaceAs ethnically and racially diverse females, the Latinas appear to have encountered a multilayered glass ceiling that acts as a three-way threat to their careers. Although gender, ethnicity, and race are intertwined, gender bias and stereotyping appear to be the greatestobstacle to their retention and career advancement. At their workplaces, the Latinas haveconfronted gender and cultural expectations and assumptions about their roles as attorneys. They have been subjected to overt sexism, lacked influential mentors, and struggledwith the conflicting demands of career and motherhood.National Study on the Status of Latinas in the Legal Profession

Devaluation of Qualifications and AbilitiesThe Latinas believe their legitimacy, qualifications, and abilities as attorneys are often questioned or devalued by their employers, coworkers, clients, and the general population. Forexample, they are often mistaken for someone other than the attorney (e.g., court reporter,interpreter, or paralegal) both in the workplace and in court. Moreover, from admissioninto law school and throughout their careers, their place within the legal profession isquestioned and devalued. Their accomplishments are attributed to undeserved “affirmativeaction” benefits, rather than achievements based on merit and ability. These lingeringassumptions and perceptions undermine Latinas’ self-confidence in their ability to be successful. Isolation in the WorkplaceThe lack of Latina attorneys in the legal profession contributes to their feelings of isolationand alienation, as one of the few or only Latinas in their workplaces. They are oftenplaced in token positions and burdened by additional diversity-related roles andresponsibilities. Their sense of “otherness” compels many to mask or disavow their Latinaidentity to assimilate within the dominant culture of their workplaces. Race MattersLatinas’ experiences in the legal profession have varied according to others’ perceptions oftheir racial identity. The Latinas who believe they can “pass as White” acknowledge thatthey are treated better and afforded more opportunities in the legal profession than darkerskinned Latinas.RECOMMENDATIONS FOR INCREASING LATINA REPRESENTATION ANDSUCCESS IN THE LEGAL PROFESSION Support and sponsor mentoring programs and opportunities for Latinas at all phases oftheir educational and career development.Increase the visibility of Latina role models to inspire and encourage others.Reach out to Latina youth at an early age.Support and encourage the creation of Latina networks and support systems.Support gender neutral and family supportive workplaces.Support additional research on Latinas in the legal profession.Educate the legal profession about Latina underrepresentation.Monitor Latina progress.STUDY METHODOLOGYMore than 600 Latina attorneys participated in this Study, which was conducted in two distinctphases over a period of 7 months, from December 2008 through June 2009. The first phase consisted of focus groups of 121 Latina attorneys in 11 cities throughout the United States to exploretheir formative, educational, and career-related experiences and perceptions. The second phase useda national survey of current Latina members of the HNBA and/or the HNBA Affiliate bar associations(to which 543 Latina attorneys responded), to provide a more detailed demographic profile andprofessional data on Latina attorneys across all major legal sectors, and to assess the congruencybetween the major themes identified through the focus groups.National Study on the Status of Latinas in the Legal Profession 9

1. INTRODUCTIONIn August 2009, Justice Sonia Sotomayor became the first Latina and only the third womanappointed to the United States Supreme Court. Just

PETER M. REYES, JR. National Vice President – Regions RAFAEL ZAHRALDDIN-ARAVENA, Regional President, Region IV (DE, PA) CHRISTINA A. VIGIL Regional President, Region XV (NM, UT) JUANITA C. HERNANDEZ National Vice President – Programs JESSICA HERRERA-FLANIGAN Regional