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In the weeks after the deaths of Ahmaud Arbery, George Floyd and Breonna Taylor, and the protests against systemic racism and police brutality in the United States, the national conversation about race has expanded.

As it should. It may be—even should be—uncomfortable to talk about, but that discomfort is a much lesser evil than racism. However, talking shouldn't be the only goal. In conversation after conversation in recent weeks, I've found a similar theme popping up—those who want to do more at their law firms but simply don't know where to start.

In the wake of the events of 2020, it may feel overwhelming. (Although cultural critics rightly point out that feeling overwhelmed by this is a function of privilege.) I would suggest that we maybe are overthinking this. Could it be that the path to diversity and inclusion is actually (relatively) straightforward?

When I Say 'Diversity,' You Say 'Inclusion'

Before we dive into what we can do to change, let's take a moment to get on the same page about the issues specific to the legal industry. It's common knowledge that the legal industry has a diversity and inclusion problem.

But what do we mean when we talk about diversity and inclusion? We all cheer for them, but they're not the same thing, and we don't often take the time to unpack what these terms actually denote.

Diversity is the "who" of the workforce, the people that make up your teams. Gender, race and ethnicity, age, sexual orientation, veteran status—a lot of demographic information feeds into this category.

On the other hand, inclusion is the "how," and it's just as important. Inclusion is how you hire, support and develop the talent on your team. It's how you create a sense of being valued and belonging within your firm's culture. You can hire diversity, but you won't retain that diversity if you're not inclusive.

So where does the legal industry stand on diversity and inclusion? The 2019 Vault/MCCA Law Firm Diversity survey offers a useful vantage point, tracking several points to note. Generally speaking, law firms have (slowly) become more diverse. More than 17% of law firm attorneys are Black, indigenous or people of color (BIPOC). Summer associates have the largest representation with 33% being BIPOC. Twenty-six percent of associates are BIPOC as well.

However, these demographic changes aren't reflected in the upper echelons of law firm leadership. The numbers thin within the partnership ranks, although these numbers have slowly increased over the last several years. Sixteen percent of the partners promoted in 2018 are attorneys of color, compared to 14% in 2017. Minority attorneys now represent 10% of all partners and 9% of equity partners.

Those numbers are staggeringly low.

BIPOC is a large umbrella, though, and not all minority groups are faced with the same lack of representation. The 2019 National Association of Law Placement (NALP) report on diversity shows that, unlike representation of every other minority group in the legal field, Black women lawyers have not made significant progress.

Examining the report more closely, it shows that at the associate level, while overall Black or African-American attorneys had finally passed the 2009 level of 4.66% for the first time since the recession, rising to a still low 4.76%, the share of Black or African-American women (2.80%) remained just below the 2009 figure of 2.93%.

The good news is that there is strong support for creating a diverse and inclusive legal community. I've heard from several firms that the up-and-comers in their office are passionate about driving change. Regardless of their race or background, the newer generation of lawyers is eager to build a culture of equity. But not just equity as it appears on a social media feed or in marketing materials—a real and sustainable culture of it.

That means going beyond just voicing solidarity. While social media and marketing are useful at promoting conversation and education, they're a means, not an end. The true endgame requires implementing policies and action plans.

Do the Work

There is work to be done to achieve an equitable workplace. No one would argue with that. But, as Dean Burrell of the Garden State Bar Association (the bar association serving African-American attorneys) and labor and employment lawyer, points out, there are some easy solutions that would make a big impact. "It's not hard," he notes. "Just hire people of color and put them in a position to succeed. We make things more complicated than they really are."

A true diversity and inclusion initiative isn't fulfilled by having one attorney at the firm named to a committee. It takes a sustained commitment to change that focuses on removing systemic disadvantages.

Take Responsibility

It's on leadership to make the changes necessary for your workplace to thrive. To get there will require learning new approaches and examining the things that are in place that harm your BIPOC team members. These conversations are hard. There is no doubt about it. It stirs up uncomfortable emotions at times, but having these talks is where true growth occurs.

Create Formal Processes and Plans

• Diversity and inclusion plan. While a lot of us are feeling the immediacy of the moment, taking the time to articulate a plan for how we achieve diversity and inclusion is essential. But, as Jenny Chung, associate at Chiesa Shahinian & Giantomasi and president of the Asian Pacific American Lawyers Association of New Jersey (APALA-NJ), points out, "A diversity and inclusion plan does not have to be complicated." She highlights some points that help firms take a big step forward:

• Recruiting practices for summer interns
• Diversity in vendors
• Employee development practices such as mentorship, bar association memberships and engagement, and conferences

It comes down to seeking out diversity and supporting it. How do you retain your non-POC attorneys and staff? Extend those benefits and considerations to everyone. If you feel like you're already doing that, take a good look at your current practices and policies. Even the best-intentioned non-POC leadership can develop a serious case of tunnel vision.

• Success and Accountability. Any plan worth its salt has benchmarks established to evaluate success. After all, that's what we want, isn't it? We need to know how close to the mark we're getting.

So what do the dual needs of success and accountability in a diversity and inclusion plan look like? It means having goals and achievable measures set in place. Regularly measure your progress on indicators like:

• Does your leadership reflect talent in the marketplace?
• Are hiring practices reflecting the talent in the market?
• Are BIPOC given the same opportunity to take on big cases and assignments?
• Are BIPOC advancing at the same rate as their white colleagues?
• Are pay and bonuses equitable?
• Do all employees feel like they're treated fairly? Do they feel like the firm is committed to their development and success?

Tying incentives to these measures can help sustain these initiatives. For example, Burrell suggests, if your firm is significantly lagging in hiring people of color, you can make the hiring partners' bonuses contingent on hiring attorneys of color.

• Who Makes the Plans? A word on making these plans. It's not uncommon for firms, eager to feel like they're acting on expert advice, often put BIPOC team members in charge of diversity initiatives. Don't do this unless you're willing to compensate them for their time and energy.

Keep in mind, diversity work is hard. If you're serious about improving the culture and practices at your firm, make sure the team in charge of this is well supported. If that's outside of your bandwidth, consider bringing in diversity and inclusion specialists to provide guidance and training.

Don't Hesitate to Reach Out

There are thousands of association groups dedicated to supporting BIPOC professionals across all industries and hundreds that focus on BIPOC attorneys.

Looking for the shortlist in New Jersey? NJSBA has a list of the legal associations that support minority lawyers.

The Garden State Bar Association, for example, actively supports students of color with scholarships. Burrell notes that they're always happy to provide support for firms looking to prioritize diversity, whether through recruitment or donations.

Get the Most Impact: Helping BIPOC Attorneys Succeed

One of the most important things that your firm can do, though, is to offer a systematic, ongoing program of mentorship and development for BIPOC attorneys.

"One of the most critical components in my career thus far has been the mentorship I received," remarks Jenny Chung. "Whether it be staffing me on a high-profile case, or asking me to co-write an article, or attending a diversity event I organized at my firm or on behalf of the APALA-NJ, my mentors have played a crucial role in my professional and personal development."

Mentorship, however, can be hard for young BIPOC attorneys to find. According to a recent ABA report, 67% of women of color and more than half of men of color in the legal profession reported wanting more and better levels of mentorship. Less than half of white men felt the same way.

This is a significant gap, given the benefits that mentoring provides attorneys. Networking, guidance, and emotional and professional support are crucial for success as a lawyer. Without it, you see the high rates of burnout and attrition that you do among minority lawyers.

Facilitating mentorship relationships can happen in numerous ways. There are external organizations that work to connect newly minted lawyers with seasoned professionals. However, it's a huge asset to your up-and-coming attorneys to receive this level of support internally.

Diversity and inclusion don't happen overnight, but they're entirely possible to achieve if we recognize that we all should contribute to a shared goal of equity and eliminating systemic racism.

That might sound philosophical, but firms that focus on the practical and actionable plans are going to become increasingly important in attracting and retaining talent. For those who are open to listening and implementing, there stands a better future for everyone ahead.

 

Amanda Sexton is the founder of FocusWorks Marketing in Denville, an agency that uses the power of digital marketing to grow brands and businesses. Amanda is also the current Marketing Chair of New Jersey Legal Industry Providers.