Trial Magazine

The importance of diversity in the law and in the plaintiff bar—including within our association—is an issue I am very passionate about. At AAJ Education’s Weekend with the Stars Seminar in December, I spoke about how valuing diversity throughout our profession can have wide-ranging benefits—and make us better advocates for our clients.

One area that has historically suffered from a lack of diverse representation is mass torts. Since the inception of multidistrict litigation (MDL), diversity has not formally or consistently been a part of the equation when setting leadership assignments. But in the last few years, we’ve seen efforts to increase diversity, and more judges are considering diversity when making MDL leadership appointments.

For example, Judge Kathryn Vratil of the District of Kansas, a vocal advocate for improving diversity, appointed the first-ever majority-female plaintiffs’ leadership structure in the Ethicon power morcellator MDL in 2015. In an interview with Trial last year, Judge Vratil said, “If we appoint more diverse groups in leadership positions, that’s not only making the system more fair and more transparent but also being more faithful to our mission.”

A study conducted by the Women in Legal Leadership Project at Temple University’s Beasley School of Law found that between 2011 and 2016 “men were five times more likely to be appointed to leadership than women in MDL cases, with 37 percent of all cases having no women at all in leadership positions.” Data from 2016–2017 showed that the gender gap remained substantial. More must be done to increase the representation of women and minorities at all levels.

AAJ is committed to cultivating diversity in the trial lawyer community and its membership. By establishing the Diversity Committee, AAJ’s Board of Governors made clear that encouraging and supporting the participation of all members in leadership roles as officers, committee members, faculty on education programs, and more is a priority.

In 2018, the National College of Advocacy (AAJ’s education arm) reached participation highs for women and minorities: Women represented 27 percent of faculty in seminars, colleges, and webinars and 38 percent at conventions; minorities represented 8 percent of faculty in seminars, colleges, and webinars and 20 percent at conventions. Diverse leadership in AAJ Sections and Litigation Groups was also at its highest in 2018, and diverse representation on the Board of Governors continues to grow.

And Trial is no exception—last year, 43 percent of the magazine’s authors were female. For example, in this month’s Trial, which focuses on drugs and devices, four of the six features have female authors. Topics in this issue include post-Bristol-Myers strategies (p. 18), untangling causation data (p. 28), ways to argue punitive damages (p. 24), deposing sales representatives (p. 38), and overcoming barriers to electronic health record access (p. 44).

One of the Diversity Committee’s most robust initiatives is the AAJ Leadership Academy, which provides leadership skills training each year to 16 members from underrepresented groups in the association. Sixty women, 50 minorities, and six LGBT members are among the 96 graduates to date, with nearly 70 percent serving in a leadership role for AAJ in 2018.

Ensuring that all members have access to education and networking opportunities is an important part of increasing representation in all practice areas. On July 26—the day before Annual Convention begins in San Diego—AAJ Education will host a one-day seminar, Everything You Always Wanted to Know About Mass Torts. This ­nuts-and-bolts program is geared toward new attorneys at mass tort firms and those looking to expand their practices to include mass tort litigation.

The responsibility to improve diversity in the law rests with all of us, and I encourage you to make it one of your priorities throughout 2019 and beyond.

Elise R. Sanguinetti is a partner at Arias Sanguinetti Wang & Torrijos in Oakland, Calif. She can be reached at elise.sanguinetti@justice.org.