Proposed Changes to SJC Rule 4:02
The 2019 Report from the SJC Steering Committee on Lawyer Well-Being stressed a “strong and on-going commitment to enhancing diversity, equity and inclusion in all our practices” and “crucial to our individual and collective well-being.” SJC Steering Committee on Lawyer Well- Being, Report to the Justices at 30 (July 2019) (hereinafter Report). As explained by the Law Student Subcommittee of the Steering Committee, without demographic information about the makeup on the Massachusetts Bar, we cannot begin to address “concerns about a lack of diversity in the Commonwealth’s legal community, or to create programs to better address the needs related to equitable participation in the legal community without this foundational information.” Report at 81. Moreover, in order to understand the extent of isolation and alienation due to race and other identity markers, we need better demographic data. Pursuant to Report recommendations, the SJC sent a one-time voluntary survey to all attorneys registered in Massachusetts to kickstart this process. With about one-third of attorneys responding, the results demonstrated a significant lack of diversity within the Massachusetts Bar.
This data is important, and offers useful information for the SJC Standing Committee on Lawyer Well-Being to use as it begins planning and implementing what we hope will be effective well- being programs and services. However, a one-time demographic survey filled out by one-third of registered attorneys in 2019 will not allow us to track diversity in our entire bar as well as other important data points such as employment status, location, type of work, and bar association affiliation as we move forward. Ongoing collection of this data will help to continue to improve lawyer programs and services. The Report recommends that a system to collect demographic data on an ongoing basis be integrated into the annual registration process. Report at 22. To incorporate this survey into the annual registration process, the SJC is considering amending its Rule 4:02, entitled “Periodic Registration of Attorneys,” to include a requirement that attorneys complete a demographic and law practice survey the results of which will be used solely for the purpose of developing services and programs to aid lawyers. Individual survey results will be treated as confidential. We believe this rule is critical to enable the Standing Committee to fulfil its mission of offering programs and services to help lawyers improve their professional and personal well-being. We would greatly appreciate your support of the Rule change, and welcome any questions or concerns that you may have.
You can view additional information about how to comment and review proposed changes to the Rule, here.
