You may remember when you were a child and had to sit in another room at a smaller table while the adults ate in the dining room and engaged in meaningful conversation about family, politics, events, and life. Or worse yet, you were told that children are to be seen but not heard. As a child, it was a rite of passage to be invited to sit at the table with the adults. It meant acceptance. It meant that your thoughts were valued and that you had come of age as a member of the society of adults. It also served to establish a hierarchy of order and societal discipline. In each profession, especially law, it is the same. As diverse members of society, there must be a place at the table of the legal profession for trust and confidence in the system to exist. America’s diverse population requires representation from a legal profession that reflects the voice and worldview of all Americans.
Diversity matters because being a diverse profession allows attorneys to reflect the cultures, values, and diversity of our clients, and to bring competence of different cultural, racial, ethnic, religious, and gender perspectives to bear to more effectively solve problems for our clients and the community.
In recent times, we have seen the impact of racism and lack of representation in police departments and other government offices. The deep and reverberating outcry from the Black Lives Matter movement that has risen in America demonstrates the importance of representation at every level of American life. Documentary after documentary provides evidence of the lack of acceptance and equal status under the law in America since the days of slavery. As seen in the recent killings of George Floyd in Minnesota and Ahmaud Arbery in Georgia, our citizens are being killed under the guise of law enforcement, and we are witnessing case after case of our institutions ignoring self-disciplinary action.
Numerous documentaries and records underscore the institutional racism and prejudice that have a longstanding history in America. If you have not seen the Netflix documentary 13th, it is worth the time to gain an understanding of how the legal profession has upheld an unjust system that fails to meet the basic tenets of the U.S. Constitution. Titled after the 13th Amendment to the Constitution, adopted in 1865, which abolished slavery throughout the U.S. and ended involuntary servitude except as a punishment for conviction of a crime, the documentary explores the intersection of race, justice, and mass incarceration in the U.S.
As minorities in America, we are systematically excluded from “the table” through overt and covert actions of the majority. Our systems have failed to rise to meet the basic tenets of equal justice under the law as our founders proclaimed. It is more important than ever that diverse youth be accepted to law schools and that they enter the profession to represent an increasingly diverse society.
Some will say that there have been major strides to increase representation in the profession. Often law firms point to the hiring of diverse lawyers. However, the data is clear that although they may attract a few attorneys from different backgrounds, the retention numbers are dismal. Hiring partners often claim there are not qualified applicants.
These pipeline issues are the focus of a nonprofit organization, Law School...Yes We Can, which prepares aspiring undergraduates to enter into law school and to succeed as young attorneys to partnership in the firms. As the first board president of Law School...Yes We Can, our goal was to put together a team of judges, attorneys, and law students committed to filling the pipeline of future attorneys. But this is just a beginning. In July, The Denver Post published a data-driven exposé of the lack of attorneys and judges of color, and the detrimental impact of a system that fails to promote qualified applicants.
Diverse lawyers will see the world through the lens of their lived experience. They will better understand the needs of the people and communities they represent. They will advocate for a more equitable society where equal justice under the law is the focus of their life’s work. If we are to have a country where all people are created equal, then we must have a legal system that represents all of our citizens.
"It boils down to a public perception that the law is fair and impartial, and that justice is truly equal to all," Colorado Supreme Court Justice Monica Márquez told The Denver Post. "It makes all the difference when the bench and those who render the rulings reflect the community they serve. To be clear, every judicial officer in Colorado strives to have a fair and impartial bench each day. But when it’s not diverse, it lends to the perception that they do not . . . and it undermines public confidence that justice is truly equal."
Focused efforts must be made to right these wrongs and to more fairly institute access to justice.
The key is representation in the courtroom and legal situations by the people who are impacted because they can best provide authoritative knowledge about how to deliver justice fairly in a manner that engenders trust and confidence in our legal system. Minorities are the most qualified to understand the realities, values, and needs of diverse people.
If we are to have hope for a better future and to move past good intentions, then we must recognize there are barriers and establish a fair system of justice for historically marginalized populations. Actions to amend the past and provide minorities a place at the table are long overdue.
Lorenzo A. Trujillo (’93) is an affiliate professor of music and director of the Metropolitan State University Mariachi Ensemble and the Mariachi Correcaminos. He practices law in his firm with his wife, Ellen. From 2004 until 2010 he served as assistant dean of students and professional programs at the University of Colorado Law School.