Biglaw, Minority Issues

Biglaw Remains Painfully Stagnant, So What Can Law Firms Do?

Gender diversity is important, but it's not the only form of diversity.

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“I sat down with Prince, eye to eye / He told me his wishes before he died / Now, Londell McMillan, he must be color blind /  They only see green from them purple eyes.” — Jay-Z

Last month, Law.com published “Diversity in Big Law Means More Than Gender,” by Daniella Isaacson, a Senior Analyst at ALM Legal Intelligence.

Isaacson begins her article by stating:

It is no secret that diversity at Big Law remains painfully stagnant. But when we talk diversity, our focus more often than not is on gender, to the exclusion of minorities, people with disabilities, LGBTQ individuals, and veterans. Industry stakeholders, both clients and law firms, have perpetuated this, placing their primary focus when it comes to diversity on gender.

To support her argument, Isaacson makes three observations worth noting about the diversity crisis in the legal profession:

  1. The likelihood of implicit bias is compounded by minority partnership numbers. When it comes to hiring in the partnership ranks, you are almost 100% more likely to get a white equity partner candidate than a minority candidate. On average, law firms have over 90 white equity partners and no more than three of any other minority.
  1. At a panel I moderated at Legalweek West Coast last week entitled “Overcoming Blind Spots & Unconscious Bias to Create a Culture of Inclusion,” one panelist noted that he was surprised to see that when he tested his implicit bias using Harvard’s Implicit Association Test, he was biased against his own race. He attributed this to media portrayals of minorities that cause intrinsic favoritism toward whites over other minority groups.

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  1. Other diverse categories, such as LGBT and disabled candidates, are starkly underrepresented in Big Law. Both are calculated to be such a miniscule part of the legal population that it becomes even more difficult to overcome any existing stigmas.

Isaacson concluded her article by writing: “The conclusion of all of this is not that focusing on gender diversity is unimportant; rather, we must also strive for inclusion of other diverse groups…. The end goal is simple: a culture that fosters inclusion for all.”

So where should law firms begin to promulgate a culture that fosters inclusion for all? As I’ve mentioned before, when attempting to solve the diversity problem, lawyers should begin with the end in mind.

Two weeks ago, Business News Daily published an article titled, “A Culture of Inclusion: Promoting Workplace Diversity and Belonging,” by its Managing Editor, Nicole Fallon.

Fallon begins her article by writing:

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Diversity is an important issue for any modern business. But it’s not enough to hire people of different nationalities, races, genders and sexual orientations – everyone needs to feel like they are truly welcome, safe and free to be themselves in the workplace.

Fallon recommends three steps to promote an inclusive company culture:

  1. Start from the top — As with any facet of company culture, creating and encouraging a sense of belonging in your workplace begins at the leadership level…. “If diversity is not a company goal … it just won’t happen,” Eloise Bune, CEO of ScribbleChat said. “People tend to hire people like them so they are comfortable and rarely challenged. It is human nature.”
  1. Provide safe spaces for employees — Inclusive workplaces go the extra mile to consider the safety and comfortability of all employees, especially those from marginalized groups…. If your company is bigger, creating an in-office support group or network for diverse employees can help them connect with others who share their experiences. “Employee networks can provide a safe, open environment to spark conversations and discuss the topics that are important to the community,” said Miguel Castro, senior director and lead for the Culture & Identity, Global Diversity & Inclusion Office at SAP.
  1. Connect with employees (but be sensitive) —Alexandre Ullmann, Head of Human Resources at LinkedIn LATAM, advised giving employees an outlet for connecting with others and sharing their stories. “Whether it’s an employee survey, company all-hands discussions or campaigns, giving your employees multiple ways to share their feedback, their perspective and their stories will create an open dialogue that can lead to more positive outcomes,” he said.

Is your law firm on track to hit its diversity and inclusion goals? Has your law firm even committed to such targets? As I have previously noted, there is a big difference between goals and quotas. Goals are aspirational. In reality, these diversity goals may never be achieved. But failure to solve the diversity crisis in the legal profession should not be for lack of effort.

Law firms that truly aspire to be more diverse should set clear numerical goals for diversity, and they should keep all the types of diversity in mind — including gender, minorities, people with disabilities, LGBTQ individuals, veterans, and neurodiverse talent.

Maybe these legal organizations will never hit their goals, or maybe they end up exceeding them. Either way, they should start somewhere. And the most effective way to begin is with the end in mind.

When it comes to diversity and inclusion, law firms who lack the commitment and conviction to set goals will continue to aimlessly wander and drift from strategy to strategy without ever really subscribing to a clear plan. In other words, as the popular paraphrase between Alice and the Cheshire Cat predicts, “If you don’t know where you’re going, any road will take you there.”

If you have a few minutes, be sure to check out the articles by Daniella Isaacson and Nicole Fallon.

Renwei Chung is the Diversity Columnist at Above the Law. You can contact Renwei by email at projectrenwei@gmail.com, follow him on Twitter (@renweichung), or connect with him on LinkedIn.

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