Irregular disclosure of demographics from one survey to the next in a series

How consistently do law firms track and disclose demographic data? Not very consistently, we found, based on three pairs of surveys conducted by different firms: Foley Lardner on Telemedicine in 2014 and the follow-up in 2017, Seyfarth Shaw on real estate in 2016 and the follow-up the year after, and Proskauer Rose on employment in 2016 and 2017. Before studying those survey pairs, I had thought that firms would stick pretty closely to the way they treated demographics in their first survey, perhaps modifying and improving them a little bit for the follow-on survey. Not true, not at all!

The plot below attempts to summarize how the second survey of each pair compares to the first survey with respect to demographics. Each bar has a segment for the five demographic attributes in the legend. Each segment can be a zero if the report does not include it, or a 1 if the report’s disclosure is minimal, on up to a five for a very good disclosure.

If a segment in the second column is higher than its counterpart in the first column, then the second survey improved on the first one. Perhaps it went from a 3 to a 4. Typically, that would mean the second report had breakdown with more categories or more information on percentages. For example in 2014 Foley Lardner (“Foley First” on the bottom axis) reported on five levels with percentages for each of respondent size (employees, or revenue), organization type, and position of the respondent. In the second report three years later, even with 50 more participants than in the first year, the firm combined two of those levels (and gave the percentage), but gave no other information. Thus, its first column’s segment for level (the second from the top, in light blue) starts as a five but drops in the firm’s second column (“Foley Second”) to a one. The first report did well on number of employees or revenue (red at the bottom) but that demographic information disappeared in the second survey report.


Taking another example, in its inaugural survey Proskauer Rose did not provide details about the locations of its respondents (as indicated by the absence of the light-yellow segment), but provided some information about that attribute in its subsequent survey report (the second segment from the top of the column labelled “Proskauer Second”).

Oddly, Foley & Lardner broke out three kinds of hospitals in its first year but combined them all in its second year. Two other categories of organization type matched, but two new ones appeared the second year.

The number at the bottom of each column tells how many participants that survey had. Hence, it is also odd that the three firms saw significant increases in the number of respondents year-over-year. However, they did choose to elaborate on their demographic reporting.

In other words, given the irregular disclosure of data about respondents on these five important attributes, it is difficult to know how well the two sets of respondents resemble each other.

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