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Equity in Action Scenario: Hiring a New Lawyer (Answers)

Questions:

1. What assumptions or unconscious biases might be at work here?

2. How could the firm apply an equity lens in designing the hiring process so that it values diverse experiences and reduces structural barriers?

3. What might the firm do post‐hire to ensure retention, mentoring and advancement of the new hire from a less traditional background?

For assistance in answering these questions, consult the Society’s Equity Lens Toolkit.

Bias toward traditional career pathways: The job posting prioritizes private firm experience which may undervalue experience gained through legal clinics, community work, or alternative paths. This can disadvantage candidates from historically underrepresented groups who may have had fewer pathways to mainstream firms.
Culture-fit bias: “Fit” is undefined and may reflect comfort with candidates similar to current staff (in background, schooling, communication style). This can lead to affinity bias and the preference for candidates who “look like” or have similar experiences to the majority.
- Prestige bias: Prioritizing private firm experience may assume higher capability based on work history rather than actual skills, resilience, or community experience.
Failure to periodically evaluate and revise existing scoring tools: Using a standardized score sheet without considering diverse or non-traditional experiences can embed inequities in the selection process.

Job posting wording
- Use inclusive language that values diverse legal experiences (e.g., clinics, community advocacy, legal aid).
- Explicitly welcome applicants from equity-deserving groups and those with community-based experience.
Evaluation criteria
- Weight skills and competencies, including cultural competency, not just traditional pedigrees. Expand the score sheet to include community engagement and experience working with diverse clients.
- Assess transferable skills from clinic work such as case management, client interviewing, and litigation exposure.
Interview/Selection
- Instead of focusing on “fit” this should be reframed to focus on asking what perspective the candidate brings that enhances the team. Use structured interviews with set questions to reduce subjective bias.
- Include interview questions about experience with equity-seeking communities, trauma-informed practice, plain-language communication, and cross-cultural service delivery.
- Consider redacting names of applicants to reduce affinity bias.
Process
- Train the hiring committee on unconscious bias and equitable hiring decisions.
- Consider having a diverse hiring panel where possible.

Mentorship and onboarding
- Pair the clerk with a formal mentor and ensure check-ins are scheduled.
- Provide orientation on firm expectations, unwritten norms, and available supports.
Inclusive culture and professional development
- Create a workplace where diverse voices are invited into decision-making.
- Encourage all staff to value different lived experiences and skill sets, not just traditional pathways.
- Offer professional development training equitably to support retention and advancement.
Career growth
- Set transparent criteria for advancement and performance reviews.
- Ensure stretch opportunities (court appearances, client files, community projects) are distributed equitably.
Feedback and support
- Provide constructive feedback with guidance rather than assuming knowledge of unwritten practice norms.
- Establish safe channels for raising concerns or seeking support.

Retention requires not just hiring diversely, but creating structures that allow equity-deserving employees to thrive, feel supported, and progress.