Achieving meaningful progress toward improved diversity has been a stubborn challenge at law firms.  Recently, though, law firms are increasingly taking concrete steps, which are backed by dedicated resources and budgets, to achieve success. 

Establishing the Fundamentals

Too often, it seems that much of the energy surrounding the desire to improve diversity is consumed in discussing and defining the problem.  Every law firm has its own view of diversity, which can include a broad spectrum of categories: gender, race, nationality, sexual orientation, parental status, religion and marital status, among others.  The myriad of surveys and classifications that abound contribute to the complexity.  For instance, under the Equal Employment Opportunity Commission guidelines, "a person having origins in any of the original people of Europe, the Middle East or North Africa" is classified as "White."¹  By contrast, the Vault survey defines "minorities" as "those whose race is other than White/Caucasian and include . . . Middle Eastern."²

It is therefore critical at the outset that, following appropriate discussions, a law firm develop  a diversity mission statement that identifies what the firm values, so initiatives and resources can be directed toward agreed-upon goals. 

The absence of uniform definitions also underscores the importance of implementing a voluntary self-identification survey.  Such a survey will allow attorneys and staff to categorize themselves into the groups they believe are most appropriate and relevant to them and will prove invaluable toward the effective formation of affinity groups and other targeted diversity programs at your firm. 

Incorporate open-ended questions such as, "Please identify any ethnicity, religion, cultural group or other similar category which is important to your identity (e.g., Caribbean, Middle Eastern, Eastern Orthodox, Veteran, etc.)," rather than merely using pre-determined categories.  You will be surprised to learn of the groups with which your employees affiliate themselves most.  Voluntary self-identification surveys can also provide useful information for client and government mandated reports. 

Choosing and tracking specific metrics is critical in assessing the true level of diversity at your firm and the progress you are making over time.  Rigorous tracking can also demonstrate  overlooked accomplishments. 

Dedicating Resources

Law firms are beginning to understand that these types of initiatives take dedicated resources.  Just establishing the fundamentals is time-consuming.  To move beyond that point and create meaningful programs that address a law firm’s unique concerns takes particular expertise.  In the past, law firms have typically relied solely on practicing lawyers and committees to address these issues, thereby subjecting the best of intentions to the constant competing demands of client work.  While committees may still form an integral part of a law firm’s efforts in helping to set a "tone from the top" and accomplish key objectives, they cannot be the sole resource.

At White & Case, among other efforts, we hired a full-time manager of diversity programs.  Maxine Williams is an accomplished lawyer with international and human rights experience.  She works with our recruiting, professional development, pro bono and marketing departments to develop strategies and implement programs.  She also acts as a resource in providing lawyers and staff with updated data and descriptive information for diversity sections of client pitches and proposals.  Professional development staff also can monitor the work assignments of associates, ensuring that work is evenly distributed and that career-making opportunities are afforded to a diverse group of associates. 

Developing the Culture

Creating a diversity culture at a law firm is no easy feat.  There will be skeptics who will need to be answered thoughtfully and persistently.  Top management, therefore, must clearly express and deliver support for the firm’s diversity goals.

At White & Case's last global partners' retreat, diversity was a highlighted topic during our plenary sessions.

Clients and legal talent — the lifeblood of all law firms — also are particularly effective at convincing outside counsel to shore up and sustain their diversity efforts.  According to the last census, among Americans age 70 and up, there are 5.3 white people for every person of color — a ratio of roughly 5 to 1.  For Americans below age 40, the ratio is 2 to 1.  Among children age 10 and younger, the ratio is 1.5 to 1.³
 
Consumer buying power among people of color also nearly doubled over the past decade, at a much faster pace than overall purchasing power.⁴  Numerous other statistics abound concerning various categories of diversity. 

Corporations serve this diverse client base and understand that a diverse legal team is best able to provide the most appropriate and effective solutions for the spectrum of matters that arise in the operation of their business.  Law students are equally concerned about joining a law firm that concretely demonstrates the ability of all to succeed. 

It is therefore not just altruism that drives diversity efforts, but solid business sense.  Law firms must effectively respond to this challenge or face an increasing disadvantage in the competitive marketplace.

¹ Equal Employment Opportunity, Instruction Booklet Standard Form 100, Rev January 2006. Equal Employment Opportunity Commission O.M.B No. 3046-0007
² Vault/MCCA Guide to Law Firm Diversity Programs, 2007 Edition, p.18
³ Christopher J. Metzler, Esq. "Selecting The Diversity Consultant — Ensuring the Emperor Has Clothes"; Workforce Diversity Reader Spring 2003.
⁴ Ibid; Metzler.