Better Practices: Diversity, Equity & Inclusion In Today’s Legal Profession
Though firms have had diversity measures in place for years now, many are looking for new approaches to attract and retain talent.
The past year has brought a reckoning as firms and corporate legal departments have recognized the urgent need to address the ongoing struggle to achieve diversity, equity, and inclusion in their organizations. Though firms have had diversity measures in place for years now, is it time to re-think “best practices”?
Recently, an array of experts including law firm leaders, in-house counsel, and DEI professionals came together for Diversity & Inclusion in Law Practice 2021, a program presented by Practising Law Institute. Here are some key takeaways from the panel “Better Practices: A Roundtable Discussion on Diversity, Equity & Inclusion in the Legal Profession,” moderated by N. Nate Saint Victor, Chief Compliance Officer at investment firm Engine No. 1.
The time to act is now.
“Current events are driving change for the better,” noted Thomas Kim, CLO of Thomson Reuters. “Since the murder of George Floyd, we have seen an unprecedented rise in legal activism by both law firms and corporate law departments wanting to make a real difference.” For example, the Law Firm Anti-Racism Alliance has brought together approximately 300 top firms. “Our experience during the COVID-19 pandemic has shown us that in the face of crisis, we can accelerate the use of technology to achieve a great pace of change,” Kim said. “I believe that now we have experienced just how much we can do when we rally together and really focus, that we should continue to expect more from ourselves in other areas where we need to drive change, including specifically in the area of diversity, equity, and inclusion.”
We still have a lot to learn.
Even in an environment attuned to the importance of diversity, mistakes are made. Vivia Chen of Bloomberg Law, known for her reporting on DEI, pointed out a painful misstep by the US News & World Report in its widely circulated law school rankings. Recently, the publication decided to account for diversity. However, she noted, their research entirely omitted Asian-Americans and multiracial people. “To me, what that says is that we’re not quite as sophisticated about race as we think we are,” Chen commented. “We still need a refresher as to what differences mean and how they affect people.”
As Alita Wingfield, Managing Director and Head of Compliance Training at Morgan Stanley, observed: “In 2021, we still have over 50% of black people feeling like they have been affected by racism. They have experienced racism or bias in the workplace. And the numbers are just as grim for other people of color. And of course, that racism and prejudice is not overt. We are experiencing them in the form of microaggression.”
Accountability is here.
“I think the most important move in the corporate world today is ESG,” or Environmental, Social, Governance, stated Paul Weiss Chair Brad Karp. For the “Social” aspect of ESG, Karp noted that there are “hard” and “soft” metrics for measuring companies’ efforts, with Congress, investors, and the Securities and Exchange Commission all getting on board. “Gary Gensler, the new Chair of the SEC, has made it clear that ESG is his number one priority,” Karp said.
For law firms, this means being able to advise clients on regulatory issues as well as litigation risks related to fulfilling ESG obligations (or failing to do so). And it means holding firms to the same standards: “We have put in place mechanisms at Paul Weiss that hold me, that hold our partners, that hold everyone within the Paul Weiss community, strictly accountable for living up to the DEI ideals that are really critical in today’s environment,” he said.
All eyes on the pipeline.
Of course, achieving these goals isn’t possible without making sure the next generation of lawyers is both diverse and well-supported. Maria Melendez, of Sidley Austin, discussed a number of ways firms are working with corporations and other institutions to cultivate and support talent. “The legal profession is all about relationships,” she said. “At the end of the day, [with] all of these initiatives, all these programs, and all this push for more D&I – unless and until we have more business coming to women and more business coming to lawyers of diverse backgrounds, the numbers, unfortunately, are going to be where they are.”
Don’t go it alone.
All of this can be overwhelming to firms without Biglaw resources, acknowledged Paula Edgar, CEO of PGE Consulting Group LLC. Even the most well-meaning organizations can get it wrong by leaning too heavily on their own diverse lawyers. While you should involve these stakeholders, she said, it’s important to get help from outside your firm. “I am often the voice of people who are already there, speaking to things they already know to be done, but it sounds different when I say it as a consultant,” she said.
From helping to manage resistance, to developing sustainable DEI strategies, “You hire a professional that has dedicated their career to building this out and offering better practices. Don’t try to go at it alone. Nobody wins then,” Saint Victor added.
For more from this discussion, tune in to PLI’s Diversity & Inclusion in Law Practice 2021, now available on-demand. Additional resources on DEI and access to justice can be found here.
Practising Law Institute is a nonprofit learning organization dedicated to keeping attorneys and other professionals at the forefront of knowledge and expertise. PLI is chartered by the Regents of the University of the State of New York and was founded in 1933 by Harold P. Seligson. The organization provides the highest quality, accredited, continuing legal and professional education programs in a variety of formats which are delivered by more than 4,000 volunteer faculty including prominent lawyers, judges, investment bankers, accountants, corporate counsel, and U.S. and international government regulators. PLI publishes a comprehensive library of Treatises, Course Handbooks, Answer Books and Journals also available through the PLI PLUS online platform. The essence of PLI’s mission is its commitment to the pro bono community. View PLI’s upcoming live webcasts here.
