Earlier this year the Disciplinary Board of the Pennsylvania Supreme Court published demographic data collected from attorneys during the 2018-2019 annual attorney registration. Based on the self-report of attorneys in the commonwealth, 78.05% of attorneys registered identify as white. The remaining 9% identified as: Black/African American (4%), Asian (2%), Hispanic/Latino (1.4%), two or more races (less than 1%), and American Indian/Alaskan Native (less than 1%). Year after year, there are seminars, summits, retreats and roundtables regarding these anemic numbers. These conversations are frequently focused on the Philadelphia legal community. The numbers here in the Lehigh Valley, which includes the Allentown, Bethlehem and Easton metropolitan areas, are even more lackluster in the legal ranks.

When I raise the question of diversity efforts to friends and colleagues in the Lehigh Valley, the responses are uniform. One common refrain, which I heard this summer at a legal conference focused on diversity and inclusion, focused on meritocracy. "We hire (and promote) based on merit" or "Shouldn't we be a meritocracy." This response is not unique to the Lehigh Valley, as it pervades the consciousness of even those who mean well, or do not actively intend to do harm. The second common refrain is that young and diverse talent does not want to live and work in the Lehigh Valley. "We would love to have more attorneys of color, but they are all going to Pittsburgh and Philadelphia." I hear this mantra not only from colleagues who were born and raised in the Lehigh Valley, but also from my colleagues who actually chose to relocate to this area.

Both sentiments, which lack a factual basis, ensure stasis. If it is in fact true that there are no qualified minority candidates and, even if qualified minority candidates do exist, minorities have no desire to live in the Lehigh Valley, there is no need to commit time and resources to recruiting minority candidates.

Myth No. 1: Diverse Candidates Are Not Qualified

The myth of meritocracy is deeply embedded in the American psyche. The idea of what does and does not count as a "qualified" candidate deserves interrogation within the legal community. Anecdotally, we all know that grades do not uniformly translate into being an effective attorney. Attorneys often bemoan the fact that law school often has little to do with preparing students for the actual practice of law. In reality, no class of individuals has cornered the market on being able to lawyer effectively and law firms should focus on hiring and retaining people who can actually do the job, not just those who received good grades in law school.

We could get into a whole side conversation about meritocracy and what counts as a qualified candidate. For some, the recent college admissions scandal that resulted in guilty pleas for members of several privileged families, including an award-winning actress, the department chair of a high powered law firm, and "Aunt Becky," was proof (at least for a moment) that maybe, just maybe, we do not live in a pure meritocracy. Suffice it to say that the myth of meritocracy is strong, and firms embarking on a robust diversity, equity and inclusion initiative will require some uncomfortable interrogation of the standards by which firms have historically judged candidates.

While dispelling the meritocracy myth is important, another facet of this discussion must focus on the dangerous and pernicious idea at the center of a sentiment like, "Shouldn't we hire the best candidate?" That idea suggests that diversity can only be achieved—if and only if—an organization compromises its wholly appropriate and very high standards, which never ever bend. Even if you are still a believer in meritocracy as defined by class ranking, the merit-based response to inquiries on diversity suggests that it is impossible to find any minorities who have performed well in law school. While my mother told me I am special, I am not a unicorn. There are plenty of minorities who have excelled in law school, make it to law review, participated in appellate moot court, etc. If you do not believe there are qualified minority candidates out there, you will not give a second thought to your hiring practices or consider that they are in any way exclusionary. If qualified minority candidates are not in your pool, you need to ask why that is. Are you looking in the right places or do you just expect diversity to happen?

Myth No. 2: Minorities Do Not Want to Live in the Lehigh Valley

I have come to believe that the notion that diverse candidates are uninterested in living in the third largest metropolitan area in Pennsylvania is simply untrue. Why do I say this with such confidence? Because I live here and see the growth and diversity up close. The Lehigh Valley as a whole ranked in the top five in the entire United States for economic growth. According to the census, 9.7% self-identify as Black/African American, 3.8% self-identify as Asian, and 25.4% self-identify as Hispanic or Latino. In Northampton County, 7% self-identify as Black/African American, 3% self-identify as Asian and 13.8% self-identify as Hispanic or Latino. According to Niche, which bases rankings on ethnic and economic diversity, Lehigh County and Northampton County are the second- and eighth-most diverse counties in Pennsylvania.

Those of us who live here in the Lehigh Valley say the same things. We love living and working in the Lehigh Valley. We enjoy our proximity to both Philadelphia and New York City. We take part in rural and urban recreational activities. It is a wonderful place to raise a family. So why do we not imagine that others (particularly diverse individuals) will love living and working here, too?

The thinking that diverse candidates are uninterested in living in the Lehigh Valley has lulled many into thinking that securing a diverse legal workforce is impossible, or simply not worth the time and effort that it takes to achieve it. We are overlooking the value and strengths of the community that so many of us have chosen to call home. Our collective goal needs to be making our local law firms reflect the community that it serves, because right now it does not.

We need to dispel these myths. If we do not, we will never get off the starting line. We will never progress beyond diversity as window dressing. We must begin to meaningfully address diversity, equity and inclusion because potential job applicants demand it. If you put all of your efforts toward hiring diverse talent, but have not given any consideration to ensuring that your diverse talent has opportunities to take on stretch assignments or develop client relationships, you are missing the point. A laissez-faire attitude will not work. Statistics show that many minorities who leave firms do so because they do not see paths forward toward partnership or business origination. If you cannot retain diverse talent, you are wasting your time and resources.

We must begin to meaningfully address diversity, equity and inclusion because our clients and prospective clients, demand it. Corporations are continuing to strengthen and develop their internal diversity practices, moving beyond diversity, and expanding to develop robust diversity and inclusion practices. Increasingly, corporations are signing pledges to advance diversity and inclusion in their workplace. It is merely a matter of time before they demand the same of their outside counsel. Just as firms have been required to answer to companies regarding technology and security practices, firms will be required to answer for their diversity and inclusion practices. Meaningful diversity, equity and inclusions practices do not happen overnight.

Here in the Lehigh Valley, we have strength of diversity and location. Our weakness is stagnant thinking. If we can get past the myths, we just might be poised to seriously address diversity, equity and inclusion and capitalize on these strengths.

Maraleen D. Shields is a shareholder in Fitzpatrick Lentz & Bubba's litigation and trial practice and health care groups. Originally from Pittsburgh, since relocating to the Lehigh Valley in 2006, Shields has developed strong ties to the Lehigh Valley. She is president-elect of the Parents' Association of Cetronia Elementary School. She is also actively involved with the Pennsylvania Bar Association's women in the profession and minority bar committee. Contact her at [email protected].