According to the proprietary market research report, which was conducted in partnership with the South Asian Bar Association of Toronto and released Oct. 10, the findings are based on a racial diversity audit of Ontario law firms and the use of an "observational methodology."
The resulting "Blink Score" for each firm was defined as the direct percentage of racialized lawyers in a firm relative to its total lawyer population.
“It has been widely documented and widely accepted that collecting and publishing data on diversity is imperative in order to increase inclusivity within the legal profession,” said the organization’s co-founder and counsel, Qadira Jackson, in a press conference.
“The Ontario Human Rights Commission notes that when data is gathered, tracked and analyzed in a credible way, over time, it becomes possible to measure progress and success or lack of it," she added.
The score assessed the demographic makeup of Ontario law firms with 50 or more lawyers, as listed by the National Association for Law Placement Canada. There were 34 firms analyzed. The average score for the overall lawyer population was said to be 16 per cent. Minimum scores were as low as six per cent, while peak values reached nearly 27 per cent.
“We continue to see and hear stories of racialized lawyers being discriminated against and facing a multitude of barriers,” said the organization’s chief community officer Sahil Razdan at the news conference.
“Many are overlooked for positions or advancement, even though they are qualified for the position," he added, "and some racialized lawyers even express facing situations that are blatantly racist … The blink score clearly indicates the lack of inclusion within our profession.”
For racialized lawyers at senior-levels, the average firm scored at 10 per cent. It was noted that some firms had zero racialized representation at the senior level but some had over 25 per cent, with the latter said to mirror the statistical racial makeup of the Canadian population.
“The fact that the average blink score for junior level positions is 27 per cent, much higher than the overall average score and senior level score, may suggest that some firms recognize that there is a representation problem and are making efforts to change this,” said Blink Equity founder Pako Tshiamala at the conference.
Notable firms mentioned in the report included Blaney McMurtry LLP, having the highest score of 26.67 per cent, indicating that 32 of its 120 lawyers identify as members of a racialized group. Further, 25.32 per cent of partners at the firm belonged to racialized groups, which was 20 out of its 79 partners and counsel.
On the associate level, Bereskin & Parr LLP had a score of 47.62 per cent, said to imply a “strong emphasis on fostering a diverse cohort of early-career lawyers,” as half of its associates belonged to racialized groups. Tshiamala said this could mean that “things are trending upwards.”
The score was said to be a tool designed to publish rankings that hold firms accountable to the public, clients and employees, aiming to foster conversations surrounding public discourse and representation.
Tshiamala expressed his concern that there is a trend toward law firms and organizations removing diversity, equity and inclusion from their core values or replacing them with people and culture departments, which could mean a drop in diversity in law firms over the years.
“It wouldn’t be the first time that diversity efforts have been wasted and firms or entire industries have trended backward,” he said.
The score was further said to help inform and improve career advancement opportunities for racialized lawyers, enhance transparency and further diversity, equity and inclusion within the legal profession, according to the report.
While the score was a “seemingly accurate picture of racialized representation,” it was “tethered to the quality and availability of demographic data.” It could have potentially missed “granular insights into personal experiences” and law firms’ qualitative impact of inclusivity efforts, the report noted.
It also pointed to the difficulty in determining disparities between income partners and equity partners, noting that this may allow some firms to showcase diversity despite racialized partners not having management or decision-making rights as income partners.
“While the analysis provides an initial framework and insights into racial diversity within law firms, there are pertinent gaps that necessitate comprehensive research to derive more accurate, ethical and representative findings,” the report read.
Blink Equity’s call to action was that diversity disclosures should be regulated. It called on the Law Society of Ontario “to follow through on the 2016 recommendation to mandate law firms with over 25 licensees to publish data similar to that of the Blink Score every four years.”
“The regulator’s inability to follow through with this recommendation contributes to the lack of representation within this profession and industry,” said Tshiamala. “We like to call on law firms to collect demographic data on a yearly basis to help measure and track the return on investment for diversity initiatives with participation.”
Academic institutions were also encouraged to be involved, especially those who have law school programs, for future iterations of the score, said to be published annually for law firms across the country “to set a benchmark and establish best practices to solve long-standing disparities within the legal industry.”
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