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Making a Difference: Diversity & Inclusion in the Legal Industry

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Making a Difference: Diversity & Inclusion in the Legal Industry Making a Difference: Diversity & Inclusion in the Legal Industry Sept 5, 2019 Do One Thing For Diversity and Inclusion Video by Ilias Feizidis, posted on YouTube Welcome • Why are we talking about D&I today? "It's an irony that the profession that's been leading the struggle to equalize the playing field in most of America's workplaces has done such a poor job in its own." – Deborah Rhodes • 3 Goals Quote from: Deborah Rhodes, Stanford Law School Professor & author of "The Trouble with Lawyers," from part 2 of a video interview series, where Rhodes, a Stanford Law School professor discusses the ongoing problem of diversity in the largest U.S. law firms. Law: 'The Least Diverse Profession‘, Bloomberg Law, https://www.youtube.com/watch?v=SEzT2jPYG90&t=117s Published on Jan 26, 2016, YouTube, Video by Josh Block Agenda • Welcome – Adrienne Fox & Milly Parekh • Unconscious Bias – Joel Stern • Making an Impact – Erin Hichman • Big Firm Diversity – Kimberly Brown Blacklow • Supplier Diversity – Jonathan Lovitz • Closing Remarks Unconscious Bias Joel Stern Unconscious Bias in the Legal Profession Diversity of The Legal Profession as a Moral Imperative and Professional Obligation Lawyers have an ethical responsibility to eliminate bias in the legal profession as codified in the following rules of conduct: California Rules of Professional Conduct Rule 2:400: Prohibited Discriminatory Conduct in a Law Practice New York Rules of Professional Conduct Rule 8:4(g): Misconduct Unconscious Bias in the Legal Profession Study of unconscious bias is based on 40 years of social science research. Our brain reaches conclusions without immediately telling us that it’s reaching conclusions. TAKE THE HARVARD IMPLICIT ASSOCIATION TEST (IAT) www.implicit.Harvard.edu/implicit/demo Different Types of Unconscious Bias • Confirmation • Perception • Affinity • Halo Effect • In-Group • Fundamental Attribution Error Unconscious Bias in the Legal Profession Impact on In-House Legal Groups Internal Impact Big Firm Impact Supplier Impact • Hiring • Who we interview • Are you giving MBE/WBE • Promoting • Who we retain firms the opportunity to compete for and • Firing • Who we like win the business? • Mentoring • Who we find flaws in • Are MBE/WBE firms • Overall engagement • Who we support unfairly disadvantaged of legal group due to our unconscious bias? The Unconscious Bias Checklist Understand Seek first to understand that you have biases and then take steps to solve them Assess & Share Take and then share results of the Harvard Implicit Association Test Be Aware Stay on top of your biases Consult Experts Use expert consultants to minimize adverse impact on legal group (Michelle Silverthorn – Inclusion Nation) Joel Stern [email protected] Inclusion Starts With I Video by Accenture, posted on YouTube Making an Impact Erin Hichman Where We Are Now Law school graduates Am Law 200 equity partners Women 50% 20% Racial/ Ethnic 9% Minorities 33% 3% LGBTQ+ 6% *All lawyers Confirmation Bias “Written in Black & White” Caucasian Male African American Male Average Rating 4.1 out of 5 3.2 out of 5 “generally good writer but “needs a lot of work” Comments needs to work on…” “can’t believe he went to “has potential” NYU” “good analytical skills” “average at best” Making an Impact Fellows placed to Fellows who are Fellows who received offers 81 date 33% women of color 85% of full-time employment Fellows placed in Fellows placed in-house or in 80% law firms 20% financial institutions Corporate 41% 57% Litigation 20% IP/Tech 17% 31% Real Estate 9% 12% Labor & Employment 7% Health/Sciences 6% Central US West Coast East Coast Mansfield Rule Pilot Mansfield Rule "2.0" Mansfield Rule "3.0" More than 40 law 60+ firms participated; 99 firms are part of 3.0 firms piloted the the Rule was expanded in which launched July 2017 - 2018 inaugural Mansfield 2018 - 2019 2.0 to include LGBTQ+ 2019 - 2020 2019; a legal department Rule. Of those, 41 lawyers in addition to version of the Rule was achieved Certification and women and minorities. also launched 27 achieved Certification "Plus" status. Law firm progress: Outcomes of Mansfield Rule 2.0 65% 57% 92% 53% 78% Increased diversity Increased diversity Increased diversity Increased diversity Increased diversity in equity in Office Head in formal pitch in management/ in lateral senior partnership positions participation executive committee associate hires promotions Erin Hichman [email protected] Big Firm Diversity Kimberly Brown Blacklow State of Diversity in the Legal Profession – Minorities Source: ABA, Law360 State of Diversity in the Legal Profession – Women Source: ABA, Law360 State of Diversity in the Legal Profession – Women Source: 2017 McKinsey Women in Law Firms Cleary Gottlieb – Diversity and Inclusion At Cleary Gottlieb we value our culture of inclusion that is integrated into how we recruit, engage, develop, and promote women lawyers and lawyers of color. ​RECENT RECOGNITIONS The firm’s D&I strategy is focused on: The firm regularly partners and supports ​100% Corporate Equality Index Score organizations that demonstrate a commitment ​Human Rights Campaign Foundation, 2018 — developing and implementing strategies to assist the to increasing diversity within the profession. firm and its committees in recruiting and advancing ​Best Gender Diversity Initiative by an lawyers from diverse backgrounds and assisting the ⎯ Asian American Bar Association of New York International Firm firm’s Recruiting Committee in promoting diversity ​Euromoney Legal Media Group’s Women in Business in our hiring; ⎯ Charting Your Own Course (CYOC) Law Awards, 2018 ​Best International Firm for Talent Management — fostering a work environment that welcomes ⎯ Council of Urban Professionals (CUP) different perspectives and backgrounds, and ​Euromoney Legal Media Group’s Americas Rising Star ensuring that each person’s professional growth and ⎯ Hispanic National Bar Association (HNBA) Awards, 2018 experience are not limited because of his or her ​Top 10 Firm for Minority Attorneys difference; and ⎯ Metropolitan Black Bar Association (MBBA) ​Law360, 2018 National Bar Association — approaching attorney development with an emphasis ⎯ ​Top 10 in the Diversity Scorecard on providing our diverse and women junior lawyers ​The American Lawyer, 2018 with both internal and external opportunities to hone ⎯ National LGBT Bar Association their lawyering and business development skills. ​Top Firm for Gender Equity ⎯ SEO Law Fellowship Program ​Yale Law Women’s Top Ten Female Friendly Firms Report, 2018 170 GCS Pen Open Letter to Law Firms: Improve on Diversity or Lose Our Business § “We expect the outside law firms we retain to reflect the diversity of the legal community and the companies and the customers we serve. We applaud those firms that have worked hard to hire, retain, and promote to partnership this year outstanding and highly accomplished lawyers who are diverse in race, color, age, gender, gender orientation, sexual orientation, national origin, religion, and without regard to disabilities” § “we are disappointed to see that many law firms continue to promote partner classes that in no way reflect the demographic composition of entering associate classes. Partnership classes remain largely male & largely white.” § “We also know that there are women, people of color, and members of the LGTBQIA community and others who are no doubt equally deserving, but are not equally rewarded. We are left to wonder if you and your partners value diversity enough to put into place programs to develop, promote, and retain talented and diverse attorneys.” § “Instead, the reality is that you must consciously and personally invest in diversity and inclusion and interview, hire, mentor, support, sponsor, and promote talented attorneys who don’t always look like you or share your background.” § “We, as a group, will direct our substantial outside counsel spend to those law firms that manifest results with respect to diversity and inclusion, in addition to providing the highest degree of quality representation. We sincerely hope that you and your firm will be among those that demonstrate this commitment.” What Clients Want to Know About D&I for Outside Counsel? Kimberley Brown Blacklow [email protected] Supplier Diversity Jonathan Lovitz Supplier Diversity • Supplier Diversity, or buying from diverse-owned companies... Government • is a requirement for US businesses with government contracts Non-Government Compliance • should be a business imperative for all businesses around the globe Small Business Minority • Supplier diversity delivers value to your business in many ways... Veteran (small) Women • innovation through inclusion of new ideas & different ways of thinking Service Disabled Disabled • growth through supplier representation of diverse customer segments Veteran (small) • contribution to a corporate social responsibility platform Small LGBT * Disadvantaged • Diversity organizations & certifications Small Women- Owned • certification provides benefits to corporations & certified suppliers • the certifying-body trade groups offer resources to diverse-owned HubZone businesses, such as mentoring, networking & corporate matchmaking LGBT * * Recent wins for NGLCC - some states now count LGBT certification for government reporting Who is the National LGBT Chamber of Commerce (NGLCC) ? • The business voice of the LGBT community • Direct link between LGBT business owners, corporations, and government • Leading national policy advocates for LGBT economic inclusion • Founder
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