"We may be in a better position [than other minorities] in some respects, but we are in a worse position in others. Where we are in a better position is that we have quite a high proportion of Asian Americans who have higher education because of the emphasis on education. If, however, the number of Asian Americans at the top of the professions and major corporations is any indication—and it may not be—we seem to be getting a comparatively lower return."
—Woon-Wah Siu
Despite making gains on all measures of success, from the attainment of advanced degrees to financial holdings, Asian Pacific Americans are still underrepresented in the legal profession. While U.S. Census data indicate that Asian Pacific Americans account for approximately five percent of the U.S. population and are the fastest-growing racial group in the country, they make up almost four percent of the nation's estimated 1.1 million lawyers, according to the National Asian Pacific American Bar Association.
Even worse, many Asian Pacific American lawyers are confronted with harmful stereotypes as they make headway in the legal world. James D. "Jimmy" Nguyen displayed a talent at school in competitive speech, so it comes as no surprise that he became a successful litigator. But it was a taste of the stereotypes to come for this Vietnamese American that others were shocked he was so eloquent. "There is somewhat of a perception that Asian people are either more quiet or not as assertive or certainly not as eloquent as other speakers," says Nguyen, a partner in Foley & Lardner's Los Angeles office.
Julie Cheng, assistant general counsel with Bayer Healthcare LLC, has at times encountered a similar reaction when she demonstrated her natural legal abilities. Some of her former colleagues have expected her to "be able to crank out the work, not make any waves, and be a good do-bee," Cheng relates.
"When I get to work I am not really like that," says Cheng, who is Taiwanese American. "Sure I do a lot of work, but I'm not the kind of person who sits in their office all day and stays quiet. I am often in meetings with people who don't know me. A lot of times, I've been taken to be one of the researchers, and I'm sometimes fairly quiet. When they discover that I'm an attorney and that I will express my opinions, they are often visibly surprised."
What does it take to break down these misperceptions? The answer, according to these attorneys, requires both recognizing and hurdling the stereotypes while pressing for greater acceptance in the higher echelons of business and law.
The Model Minority Fallacy
Joseph J. Centeno, a partner with Philadelphia's Obermayer Rebmann Maxwell & Hippel, says, "There has always been a question about Asians—where do we fit? In the language of black and white and race and politics in America, where are the Asians?"
Centeno, who is Filipino American, appreciates the work of Frank Wu, dean and professor of law at Wayne State University Law School and the author of Yellow: Race in America Beyond Black and White, and others who attack the albatross of the Asian American community—the notion that Asians are the "model minority."
Professor Wu has written that the "model minority" viewpoint is that Asian Americans have suffered discrimination but overcame its effects by being conservative, hard-working, and well-educated.
Woon-Wah Siu, a member of Chicago-based Bell, Boyd & Lloyd, encountered the myth when she was in law school. Other students told her, she says, "You Asians are doing well and you don't need any help."
Siu, who was born in China, says this is a harmful assumption. "We may be in a better position [than other minorities] in some respects, but we are in a worse position in others. Where we are in a better position is that we have quite a high proportion of Asian Americans who have higher education because of the emphasis on education. If, however, the number of Asian Americans at the top of the professions and major corporations is any indication—and it may not be—we seem to be getting a comparatively lower return."
Rishi Agrawal of Eimer Stahl Klevorn & Solberg LLP and president-elect of the Asian American Bar Association of Chicago believes that the small percentage of Asian Americans at the top of the legal profession makes it difficult for younger Asian American attorneys to obtain the necessary mentorship that is invaluable to the success of professionals.
"This serves to handicap an Asian American legal community that has only recently entered the field—and therefore, the supposed model minority benefits are overstated," stated Agrawal.
The disadvantage is subtle, according to Siu. "What is not in our favor is that, compared to Hispanic Americans and African Americans, we definitely look foreign. For other minorities, the second generation grows up here, they speak like Americans and people don't see them as foreigners. But with second-generation Asian Americans, people still see them as foreigners," she says. "People just instinctively think that you are different; they think, 'Maybe I have to deal with you differently.' "
Shattering Stereotypes
These stereotypes are different than those facing other ethnic and racial minorities. "I do not believe the 'quiet' and 'science/math' labels have been applied as forcefully to other minorities," says Michael P. Chu, partner at Chicago's Brinks Hofer Gilson & Lione and president of the National Asian Pacific American Bar Association.
Indeed, some view these labels as "good" stereotypes. "But the fact remains that they are stereotypes," says Chu, "and stereotypes are just not how a minority—or any group—should want to define itself."
"Just because you're Asian American doesn't mean you can well represent your clients when dealing with an Asian company."
— Larry C. Lowe
Nearly every attorney interviewed voiced a concern that even enumerating the stereotypes was harmful to Asians. Jeffrey D. Hsi, a partner at Boston's Edwards & Angell, says, "I hate to reinforce the stereotypes that Asian Americans excelled in and focused on science, engineering, and medicine. But, I think the reality is that, in fact, that was the case," he says. "My generation maybe less so than that of the generation ahead of me or the one before that."
These stereotypes can stifle professional growth. Reed Smith Partner Min S. Suh, who is based in Philadelphia, believes that the challenge to Asian American attorneys is to avoid being pigeonholed as excelling only in certain areas, such as the hard sciences. "For instance, she says, "There is a perception, especially in the legal community, that Asian American lawyers are not suitable for management or leadership positions due to the stereotype that Asian Americans lack the personality to influence and lead others."
Centeno points to the stereotype of Asian Americans "not being aggressive or assertive and being meek or sometimes a geek." In addition, he notes the well-worn stereotype that Asians don't want to rock the boat.
"I question whether or not that is true, and even if these are true stereotypes, is that making us a model minority?" he asks. "In our society, to be a leader in any industry, you have to be bold, you have to take risks, and you have to be out there and network and create relationships with people. That's what I think Asian Americans need to do to break what is viewed by me and others to be a glass ceiling," says Centeno.
Bayer's Cheng stresses that some challenges are unique to Asian women.
"There is this perception that a lot of people still have that we are quiet and that we are going to follow orders. We are treated differently than the male associates." But she points out, "We are also treated differently than the white and black females. When you don't act like people expect, people don't know how to deal with you, and sometimes get upset."
Unfortunately, physical appearance may be an unspoken challenge to Asian American attorneys. "I call it a challenge because most of us look really young, and are blessed with genetically good skin. I feel like I look young and I am smaller in stature," says Nguyen. He says that a youthful appearance may be a benefit in one's personal life, but, as a professional, it may cause others to assume he lacks experience.
Not all the myths about Asian Americans revolve around culture, appearance, and values. As Apple Computer Inc. Senior Counsel Larry C. Lowe points out, sometimes the misconceptions have to do with overplaying one's ethnic background. "There is a lot of business going on between Asian companies and companies here in the [Silicon] Valley, including Apple," says Lowe. "There is sometimes a thought that, 'Gee, if I am an Asian American, I can get into that business and help and be an asset.' I don't know if that is actually always true."
Lowe believes this is a dangerous assumption unless the attorney is foreign-born or has spent considerable time in Asia. "Unless you are fluent, and I mean really fluent in the foreign language, it is dangerous to try to do business in that language," he says. "Business negotiations require a precise and careful use of language, well beyond that of casual conversation. Just because you're Asian American doesn't mean you can well represent your clients when dealing with an Asian company."
Nguyen of Foley & Lardner is sometimes asked whether he can tap into the Vietnamese business marketplace. "I was recently asked, 'Now that Vietnam as a country is opening up more to the Western economy and business, are you able to take advantage of that situation and develop business, and clients?' " Nguyen recalls. "I said not really, because the Vietnamese businesses are at a much younger, less sophisticated place."
Another challenge for Nguyen is that, "My natural contact base is not a good potential client base for me. I think that is true of a lot of ethnic minority groups. While it is helpful that I am Vietnamese—sometimes I do get calls from people looking for a Vietnamese lawyer—they are often not companies of the size and sophistication that can afford our firm's legal services."
Home Influences
Suh of Reed Smith was the first lawyer in her family. Her parents were concerned that Suh, who was born in Seoul, South Korea, would face more discrimination in the legal profession than in other fields.
"While my parents were supportive of my decision to enter the legal profession, they were apprehensive about my future as an Asian American woman in a predominantly white male profession," she says.
Hsi agrees. "It has always been said that the generations before us might have steered us that way [into science and technology] in part because there was less exposure to bias," says Hsi. He notes that during his formative years and then through college and law school, he didn't have a natural network of lawyers or people in the legal community to speak with about potential legal jobs.
"In the Asian culture, especially those before us, people didn't want to be adversarial, they wanted to save face, they held the utmost respect for elders and authority, and those values sometimes are in tension with attributes you might need to be a lawyer," explains Hsi.
Siu disagrees that the home environment might have discouraged Asian Americans in the past from going into the legal profession. "At least in my own case, that is not the case. I think the perception when I was growing up in Asia is that lawyers are these awesome people. They are highly regarded and they definitely are on par with other professionals, like engineers and doctors."
Benjamin T. Lo, a partner in the Chicago-based firm of Ungaretti & Harris, says, "I just don't think that 10 to 15 years ago that Asians thought about going to law school until we started seeing more numbers and observing people in more high-profile positions," says Lo. "You see Asians on television, you see Asians in the news, and working on high-profile cases now."
Marketing 101
Siu points out that for young Asian American attorneys, like all minorities, the key to success is to better market one's abilities to the firm, to the senior lawyers, and, as one becomes more experienced, to the clients.
Lo says, "I think that one thing that has hurt Asian American attorneys is that they may be very good attorneys, but people in the community don't know that they are attorneys or are afraid to approach them."
Suh explains that it goes "hand-in-hand with how we view ourselves. Asian Americans tend to avoid public disputes and controversies. We are not particularly litigious people." Suh points out the differences between the Asian and American legal systems may have some bearing on the issue. "In Asia, the idea of suing someone because you fell on their property is obscene to most people."
"The key is to find the right balance between fitting in and using our ethnicity to our advantage. Through our interactions with our colleagues, we need to display that we belong, that we possess the necessary skills to advance and be an asset to the firm. At the same time, we need to demonstrate how our ethnicity enables us to form specific contacts and networking opportunity for the firm. This is especially important given the growing global legal market," remarked Agrawal, who is also on the board of the Indian American Bar Association of Chicago and the National Association of South Asian Bar Associations.
Nguyen says the challenge of a law firm experience is generating business and client relationships. "I think that is generally harder for minority and women lawyers because the buyers of our legal services tend not to be women and minorities."
"Which isn't to say we only get hired by people like us, but it makes it easier to get access to contacts that will lead to potential contacts in business. I think it is a little bit harder for me as an Asian American attorney," Nguyen adds.
In addition, some attorneys suggest that to get ahead, Asian American attorneys need to break out of their comfort zone. According to Hsi, "We are at an interesting crossroads because, as we speak, diversity has a higher profile." Yet, Hsi continues, geographically, it is still more comfortable to be an Asian American lawyer in cosmopolitan markets like New York and San Francisco, because of the sheer numbers of Asians who practice there.
Asian Americans: The Sum of It All
- 13.1 million U.S. residents say they are Asian or Asian in combination with one or more other races. This group comprises five percent of the total population. Since Census 2000, the number of people who are part of this group has increased nine percent-the highest growth rate of any race group, as stated by the 2000 U.S. Census.
- The projected percentage increase between 2000 and 2050 in the population of people whose only race is Asian is 213 percent. This compares with a 49 percent increase in the population as a whole over the same period, as stated by the 2000 U.S. Census.
- Ninety-five percent of Asian and Pacific Islanders live in metropolitan areas. Fifty-one percent of Asians and Pacific Islanders live in the Western part of the United States, according to the 2000 U.S. Census.
- Sixteen percent of Asians and Pacific Islanders 25 years and over have earned an advanced degree (for example, master's, Ph.D., M.D., or J.D.). This percentage amounts to 1.3 million Asians and Pacific Islanders. The corresponding rate for all adults in this age group is nine percent according to the 2000 U.S. Census.
- The median household income for Asian American families is $10,000 above that of whites according to the 2000 U.S. Census.
- Asian Americans accounted for 5.9 percent of all college enrollment in 2002, while whites were 62 percent, African Americans were 11.5 percent, Latinos were 9.5 percent, and Native Americans were less than one percent, according to the U.S. Department of Education, National Center for Education Statistics (Spring 2003).
- For each dollar earned by white men, Asian American women earn 75 cents. This is better than white women, who earn 70 cents on the dollar, as stated by the Institute for Women's Policy Research report, "Status of Women in the States," (November 2004).
Reaching Higher
Most observers agree there is room for improvement in the legal profession's highest levels. "There is a clear underrepresentation in one area—the judiciary. Clearly there is a political aspect that goes back to the old boy network," Hsi comments.
Brinks Hofer's Chu points out that there are only six Article III federal judges in the United States. "I view these deficits as incredible opportunities for Asian American lawyers to steer their careers toward judicial positions," he says.
Centeno agrees. "You ask yourself how many Asian American judges sit on the federal bench? In Pennsylvania and New Jersey—the answer is none, never. Why is that?"
Siu, who is also a member of the Chicago Committee on Minorities in Large Law Firms and is the executive vice president of the Organization of Chinese Americans of Greater Chicago, points to the anecdotal evidence that the rank-and-file of Asian American lawyers at the entry level is growing. "But if you look at partnerships in the Chicago area, you see that the number of Asian American partners is small."
Centeno strongly advocates the role of mentors, especially those in the highest law-firm tiers, so that Asian Americans can more easily achieve political acceptance and gain a stronger foothold.
Hsi conveys that the biggest challenge is getting larger numbers of Asian Americans into the profession. "If you look historically at the numbers, there is clearly improvement and that is a good sign, but clearly there is work to be done."
He notes that the number of Asian Americans entering law school has grown. Indeed in 2004, Asian Americans made up the greatest number of minority law student groups, and in many law schools, they dominate the minority student body, according to the American Bar Association's Presidential Advisory Council on Diversity in the Profession (ACD).
But Hsi is disheartened by the lack of Asian Americans who have moved up from the associate level. "The next issue is the transition of Asian Americans into higher ranks, whether in partnerships in law firms, or more senior positions in corporations or government organizations. Obviously, more Asian Americans are starting to ascend to those positions, but I think if you look across the board, those numbers are still lacking compared to population numbers."
"We need to recognize even within our ethnic group there are sometimes diverse views and that all of those views should be encouraged in connection with undermining stereotypes and increasing Asian American participation in the legal profession."
— Terry Bates
Terry Bates, a partner in Reed Smith's Los Angeles office and his firm's diversity liaison in Southern California, says, "The Asian American Bar needs to make sure that, while it continues to advance its memberships' participation in the judiciary and senior levels of law firms, it does not become politically polarized in its efforts or otherwise creates a bar stereotype."
"I have been to quite a few bar functions where it seems that the group is automatically assuming that there is one view," says Bates, who is Chinese American.
"We need to recognize even within our ethnic group there are sometimes diverse views and that all of those views should be encouraged in connection with undermining stereotypes and increasing Asian American participation in the legal profession."
Not Yet Colorblind
Geography also plays a part in stereotypes about Asian Americans. Lowe, of Apple Computer, emphasizes the notion that the San Francisco Bay Area is completely a culturally neutral and color-blind society is not true. The reality, says Lowe, is that a minority attorney cannot assume full acceptance from juries or opposing counsel. "You have to be conscious of your ethnicity, although you don't have to be controlled by it. But I think you are foolish if you don't take it into account in jury selection how to present yourself."
"Conversely, having been in the Valley, I don't think it is an issue to be a minority attorney here in the high-tech world," Lowe adds.
Reed Smith's Suh remains optimistic that there will be more opportunities for Asian American lawyers as they become more integrated into society. "I say the word 'integration' in terms of the politics. A lot of Asian Americans are so far removed from the political process."
"You need the grassroots community support to garner political appointments," Suh continues. "But we are not our best advocates when it comes to speaking of our achievements. The public spotlight and immodesty does not sit well with Asians. Fortunately, the second generation Asian Americans are slowly unburdening themselves with these hampering thoughts. They are much more politically active and savvy than the former generation."
While Asian Americans are currently underrepresented in law, they continue to break down stereotypes and move into leadership positions. This minority group seems poised and eager to reach the ultimate levels of success in the legal profession.
Elisabeth Frater, Esq. specializes in business litigation in Napa, Calif.
From the May/June 2005 issue of Diversity & The Bar®