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34 J. Legal Prof. 1 (2009-2010)
Good Business: A Market-Based Argument for Law Firm Diversity

handle is hein.journals/jlegpro34 and id is 3 raw text is: THE JOURNAL OF THE LEGAL PROFESSION Volume 34 Fall 2009 Number 1 GOOD BUSINESS: A MARKET-BASED ARGUMENT FOR LAW FIRM DIVERSITY Douglas E. Brayley* & Eric S. Nguyen** When advocates for increased diversity urge law firms to improve their hiring and retention of minority lawyers, they typically make rights-based arguments. More recently, some advocates have sug- gested that firms can further their own business interests by pro- moting diversity. There has, however, been little empirical evi- dence that diversity is actually good for law firms' business. This article provides data showing that highly diverse law firms gener- ate greater revenue per lawyer and turn higher profits per partner, even after controlling for location, firm size, and hours worked. As clients continue to demand diverse representation from their firms, and as private interest groups increase pressure on firms to hire more minorities, the link between diversity and profitability may grow stronger. In this instance, moral instincts held by some align with market instincts held by others. Commentators may debate whether diversity is an abstract good in itself, but the data strongly suggest that it is good for business. INTRODUCTION ......................................................2 1. WHAT WE KNOW ABOUT DIVERSITY AND THE LEGAL PROFESSION......4 A. Renewed Emphasis on the Importance of Diversity in Practice......4 1. Law Firms and Diversity ..............................4 a. Coverage of Law Firm Diversity in Trade and Popular Press ...4 b. Barriers to Minority Lawyers................ ........6 c. The Moral Argument for Diversity .....................8 d. Market-Based Arguments for Diversity... .................9 2. Diversity, Productivity, and Client Demand in Other Workplace Settings ................................................................... 11 a. Group Productivity................................................. 12 1

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