Client Needs For Diversity Are Shaping Big Law
An inside look into how client needs for diverse legal teams are shaping metrics, strategy and culture in big law.
February 28, 2020 at 08:00 AM
6 minute read
The work of diversity and inclusion is experiencing a renaissance. Some view this rebirth to be driven out of immense frustration with limited progress as well as our current state of societal divides. Others with a more positive outlook view this work as an opportunity to impact the future of the legal profession as well as society. There are a host of viewpoints and strategies but perhaps one primary question rises to the top: Will current and future efforts be transformative and innovative or incremental and reactive?
Demanding much more than just periodic reporting, client engagement in D&I has become more common. It's important to know whether Big Law is well positioned to not only be responsive but also strategic and intentional—outside of client demands as well. In 2019, DLA Piper responded to more than 100 client and/or external stakeholder inquiries through RFPs, surveys and scorecards. Fairly new in my role at the firm, as I've acclimated to managing this, it has caused for more reflections on metrics, strategy and culture.
The Importance Of Metrics Combined With An Articulated Strategic Focus
There are a host of scorecards and surveys which capture representation data and the detail of inquiries are narrowing to areas presumed to be the root cause of representation gaps. For instance, some inquiries are focused on the diversity of pitch teams to lawyers staffed/assigned to individual client matters.
Additionally, some inquiries are much more qualitative, focusing on steps taken to engage in succession planning, mentorship and sponsorship of our diverse lawyers. In a sea of metrics, both quantitative and qualitative, it is vital to be able to articulate how these efforts will map to both the overall financial sustainability of the firm as well as impact expectations of what the legal profession should embody from a diversity, equity and inclusion values-based perspective.
The narrative can't just be that this is a problem to fix or a gap to close. There has to be a viewpoint that having a more diverse representation in the legal profession contributes to excellence in service as well as the need for a strategic plan that goes beyond a statement of principles that advances this work. Having a focus on establishing key performance indicators, which track hires, promotions, separations and production/performance, along with programmatic efforts that not only offer professional and business development and an inclusive workplace environment but also disrupt existing workplace practices that may serve as barriers to entry/access, are vital to a strategic framework.
Additionally, intentionality in market penetration paired with panels solely on D&I scorecards or strategic efforts, supplier diversity and community investments are additional inquires clients are requesting.
Relationship Managers Are Discussing More Than Servicing Legal Matters With Clients
While relationship managers will always be at the forefront of client conversations around servicing legal matters, they are now also discussing how to best work together to impact the profession as well as support client D&I strategic efforts.
This is a moment of both promise and vulnerability, where both entities are pausing to hold up a mirror to discuss what practices are failing and what will generate results. A sensitive balance exists during this period because law firms must manage the risk of making selection practices based exclusively on diversity as opposed to being inclusive as well as present forward the best available talent. A risk of tokenism can occur especially as there is a desire to be responsive to client scorecard inquiries. Law firms must focus on efforts of cross selling and internal collaboration that open up broader pools of lawyers for client exposure. Further, we are part of client discussions focused on impacting culture, driving intentional dialog about difference and creating an environment of belonging.
Building A Diverse Culture From The Beginning By Promoting D&I In Law Schools
The ABA's 2018 report on law school student enrollment and representation, especially the 1-L student enrollment percentages, shows some growth specific to women and diverse students. However, there may still be a pervasive viewpoint among students that the world of Big Law will never be open to them, specifically students who are economically disadvantaged, first in their families to pursue a degree, nor attending some of the nation's most elite law schools.
Ironically, I was one of those students who felt that way after seeking a summer associate position and opted to volunteer for a civil rights organization. I built the foundation of my career focused on social justice through access to economic opportunity. That foundation served as a springboard to a 20-year career across multiple sectors with a full circle moment, returning to the very industry that I assumed I was not the right "fit" for.
Of course, there are law students who will never have an interest in working for Big Law and instead desire a life focused on public service and social justice.
However, the time is prime to expose this future generation to lawyers who are both similar and dissimilar to them. As we continue to see news reports of investors seeking companies that are "doing right by society" as well as pledges from both general counsel and entities such as the Business Roundtable, where the world's leading CEOs are redesigning the purpose of corporations, we should seize upon this window of opportunity to convey to future lawyers that you can contribute and make a difference in society while being part of a law firm or in house counsel.
As we think about whether Big Law is well positioned to address the intentionality of client engagement specific to D&I, we must conclude with a repeatedly issued mantra across D&I practitioners, "It starts at the top."
While the role of the chief diversity and inclusion officer must be empowered and resourced, the directives must come from the top. Leadership teams should be inclusive and encompass diversity of thought, background and experience.
Fenimore Fisher is the chief diversity & inclusion officer at DLA Piper. Previously, Fenimore served as vice provost and chief diversity officer at Johns Hopkins University. He has also worked for the City of New York, leading the design and implementation of strategies to position the city as a global leader in innovative and inclusive workplace practices, served as vice president of diversity and employment analysis for Walmart and was the executive director of the Rainbow/PUSH – Wall Street Project.
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