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Abstract

This Article explores the concept of professional identity formation in the law, particularly as it pertains to women and lawyers of color. The topic of professional identity formation is an understudied area in legal education, despite the ABA’s new Standard 303(b)(3), which requires law schools to provide substantial opportunities for the development of professional identity. In the legal field, professional identity is often conflated with professionalism, which leads to confusion about how law schools should best prepare their students for their professional lives, and fails to fully equip students to join the profession.

Studies from other professions have shown that professional identity is the development of an identity whereby, the newcomer to the profession is adopted into and successfully incorporates the values of the profession, merging the new professional identity with their existing personal identity. Professional identities are most effectively fostered through joining communities of practice, where newcomers are mentored and welcomed into the professional culture.

The Author argues that because the legal profession in private firms is still primarily white and male dominated, women, lawyers of color, and first generation lawyers do not always have access to the kind of mentorship, supportive community, and positive narratives that are necessary to foster a strong professional identity. While efforts have been made to foster diversity and inclusion in law firms, these have still fallen short. Thus, even though women, students of color, and first generation students might have positive experiences in law schools, these experiences are not necessarily replicated in firms. The Article goes on to suggest that this failure to fully incorporate these groups into a supportive community of practice in law firms, and the subsequent failure to foster and promote strong professional identities, may be one reason why women and lawyers of color leave the profession at far higher rates than white men.

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