Landis Rath & Cobb LLP is a premier boutique law firm concentrating on commercial bankruptcy, corporate restructuring and business litigation. We provide sophisticated legal advice and services to national, international and local clients in and out of federal and state courts. Our proven record of success is backed by a commitment to advocate for our clients' interests with personalized service and expert counsel.

Representative Matters

DBCI: Joshua Brooks, newly elected DSBA Multicultural Judges & Lawyers Section Executive Vice-Chair, discusses the Delaware bar’s efforts to increase diversity in “With Our Powers Combined, the Delaware Bar Could Soon Reflect the State’s Population”

In the July 24, 2024 edition of the Delaware Business Court Insider, LRC Associate Joshua B. Brooks recounts the contributions of many to increase diversity in the Delaware legal community in With Our Powers Combined, the Delaware Bar Could Soon Reflect the State’s Population.

With the Court’s redoubled commitment to diversify the composition of the Delaware bench and bar, ample opportunities exist for practitioners and jurists to assist in achieving the Court’s objective; and, to be fair, many in the Delaware legal community have been devoted to the cause long before the issuance of the Strategic Plan Update or its predecessor.

Josh was recently elected to serve as the Executive Vice-Chair of the Multicultural Judges & Lawyers Section of the Delaware State Bar Association. The MJL serves to further the interests of attorneys, judges, and members of the community of diverse ethnic backgrounds, foster communication and understanding among diverse groups within both the legal and greater community, encourage the public service rendered by its members and promote the professional development and interests of its members.

With Our Powers Combined, the Delaware Bar Could Soon Reflect the State’s Population

By Joshua B. Brooks | July 24, 2024

It is no secret that significant work remains necessary to achieve diversity in the legal profession that is reflective of the population it serves and, like many other states, Delaware has its fair share of work cut out for it.  But, with renewed commitment from the Supreme Court of Delaware (the “Court”) and tremendous ongoing efforts by segments of the Delaware bar, there is every reason to be optimistic that with continued and even increased effort Delaware can begin closing that gap.  In 2023, the American Bar Association (“ABA”) released the results of its 2023 National Lawyer Survey (the “ABA Survey”), which polled more than 1.3 million attorneys across the United States and its territories.  The ABA Survey indicates that while the population of the United States is a conglomerate of ethnicities, the legal profession remains one practiced predominantly by white male practitioners.

In 2023, attorneys of color comprised twenty-one percent (21%) of all attorneys in the United States, an increase from eleven percent (11%) in 2013.  ABA Survey at 23.  Asians represented six percent (6%) of attorneys, which is nearly identical to the proportionate share of the United States population that identifies as Asian, 6.1%.  Id.; USA Facts (https://usafacts.org/data/topics/people-society/population-and-demographics/our-changing-population/, accessed July 15, 2024).  Six percent (6%) of attorneys are Hispanic in the United States, where approximately 19.1% of the national population is Hispanic.  Id.  The representation of Hispanic attorneys saw an increase from 3.7% in 2013.  Id.  Those who identify as Mixed race currently make up three percent (3%) of attorneys, nearly mirroring the population percentage in the United States, 2.4%.  Id.  Black attorneys accounted for five percent (5%) of attorneys in 2023 despite representing 12.6% of the nation’s population.  ABA Survey at 24; USA Facts.  Native Americans were counted at one half percent (0.5%) of attorneys while comprising 0.9% of the United States population.  Id.  As alluded to above, White attorneys accounted for seventy-nine percent (79%) of attorneys in the United States while representing 58.9% of the population.  Id.  Finally, in 2023, female practitioners accounted for thirty-nine percent (39%) of all attorneys surveyed across the United States by the ABA, an increase from thirty-four percent (34%) in 2013.  ABA Survey at 24.

By comparison, Delaware does not come closer to having its legal practitioners mirror the ethnic and racial composition of its population.  In March 2024, the Court issued a two-year update to its report styled Improving Diversity in the Delaware Bench and Bar: Strategic Plan (the “Strategic Plan Update”), the original of which set out to identify items that the Court could address in an attempt to have the Delaware bench and bar more accurately reflect the diverse communities that they serve.  In the Strategic Plan Update, the Court reported data collected from over 4,700 Delaware attorneys who completed the 2023 annual bar registration.  Strategic Plan Update at 2.D.1.  Of that number, 86.3% responded to the demographics question regarding ethnicity.  Id.  Ninety-one percent (91%) of respondents identify as White, 3.5% identify as Black, 3.5% identify as Asian/Pacific Islander, 1.7% identify as Latinx, and less than 1% identify as Native American/Alaska Native.  Id.  Relatedly, a population survey of the state of Delaware for 2022 indicates that 60.1% of Delaware residents are White, 21.5% are Black, 4.07% are Asian, 3.74% are Mixed Race, and 3.69% are Hispanic.  DataUSA: Delaware (https://preview.datausa.io/profile/geo/delaware, accessed July 15, 2024).  Thus, it is evident that the current makeup of the Delaware bar still differs significantly from the makeup of the population at either the national or the state level.

However, devoted efforts are underway to address the incongruency.  In connection with its objective to better reflect the communities served by Delaware attorneys and courts, the Court has implemented and continues to develop several programs to, among other things, remove barriers to admission to the Delaware bar (many of which disproportionately affect the underrepresented Black and brown groups identified above) and to invigorate broader interest in the legal profession among younger scholars.  Among the Court’s efforts are its partnerships with organizations, such as the Delaware Law Related Education Center (“DELREC”), which facilitates Delaware youth’s exposure to the court system.

Throughout the year, DELREC hosts a slate of classroom presentations by judges, lawyers, paralegals, correctional officers and other legal professionals across the state.  DELREC is also instrumental in fostering a sense of community among first generation and other diverse attorneys in the state of Delaware by hosting monthly gatherings to network and build relationships with other legal professionals.  Delaware affiliates of national bar associations, such as the South Asian Bar Association – Delaware and The Delaware Barristers Association, similarly build upon that sense of belonging while advancing the interests of their respective communities.  Additionally, the state judiciary hires interns to work in all of the state courts, affording diverse students interested in practicing law an opportunity to gain deeper insight into the profession.

Perhaps the most significant undertaking by the Court was the revisions to the Delaware bar exam.  In 2024, the Delaware Board of Bar Examiners administered a bar exam in February for the first time ever.  Prior to the February 2024 exam, Delaware was the only state to offer its rigorous bar exam once a year––a tremendous hurdle and deterrent for many prospective Delaware attorneys.  In a small state, finding the volunteers to both help applicants prepare for and to grade an additional exam is no small feat and demonstrates the Court’s and certain bar members’ dedication to expanding opportunities to join the ranks of the legal profession.

With the Court’s redoubled commitment to diversify the composition of the Delaware bench and bar, ample opportunities exist for practitioners and jurists to assist in achieving the Court’s objective; and, to be fair, many in the Delaware legal community have been devoted to the cause long before the issuance of the Strategic Plan Update or its predecessor.

A great example of this devotion is the Minority Supplemental Bar Review Program (the “Program”) offered by the Multicultural Judges and Lawyers Section (the “MJL”) of the Delaware State Bar Association is a long-tenured program that has assisted prospective attorneys with preparing for the Delaware bar exam.  The Program originated out of a desire held by Black Delaware attorneys to see greater representation among the attorney ranks.  Over the years, the Program has morphed from one that perhaps a handful of individuals learned of only by word of mouth to one that is highly publicized and sought after by many Delaware bar applicants each year.  Volunteers devote hours providing lectures and mentorship as well as grading practice exams across approximately two months for the benefit of those who participate in the Program.  Substantive grading rubrics itemize expectations in a clear manner, enabling meaningful discussions toward improved test taking skills and substantive knowledge.  While the Program remains open to all, its origination and sustained connection to diverse attorneys dedicated to increased representation in the Delaware bar has facilitated the provision of additional, necessary support to students that might otherwise suffer from a lack of strategic guidance and resources.  One of the many fruitful outcomes of the Program is the relationships among mentors and mentees and among cohort peers that endure long after the conclusion of each year’s Program.  The organic connections fortify the sense of belonging in the profession held by those who participate and embrace the collegiality offered during each Program term.

Collectively, the result of these efforts by the Court, DELREC, the MJL and other entities dedicated to increasing diversity in the Delaware bar is that more potential practitioners are attracted to and will be retained by the collegiality and collaboration notoriously associated with practicing law in the state of Delaware.  The Delaware bench and bar is enhanced by the promotion of the practice of law to younger generations, the investments in student development and bar exam success, and the fostering of supportive communities comprised of peers with genuine interest in the success of one another.  Indeed, many are beginning to witness the camaraderie and partnership among qualified professionals with shared experiences in motion, propelling the Delaware legal community toward realization of the Court’s goal.  If these efforts are sustained (or, hopefully, compounded) one could fathom that by the next decade, the demographic composition of the Delaware bar will more accurately resemble the population of the state.

Joshua B. Brooks is an attorney at Landis Rath & Cobb LLP in Wilmington, Delaware, where he concentrates his practice in the areas of Corporate Bankruptcy and Restructuring, Bankruptcy Litigation, and Corporate Litigation. He can be reached via e-mail at brooks@lrclaw.com or phone at 302.467.4414.

Reprinted with permission from the July 24, 2024 issue of the Delaware Business Court Insider. © 2024 ALM Media Properties. Further duplication without permission is prohibited.