Achieving Diversity Within the Bar
by Wesley Fields
As the demographic landscape in America continues to change to reflect a larger number of minorities who currently represent every rung on the socio-economic ladder, many companies have adjusted the way they do business in order to maintain, and in some instances, increase their ability and capacity to effectively appeal to a more diverse consumer base. The increasing number of minorities in positions that influence where dollars are spent is real, and therefore the discussion about diversity among progressive companies has changed from purely social or moral altruism that embraces “diversity as the right thing to do” to a business justification that also embraces “diversity as a core value necessary for optimal productivity, a larger market share and an increased bottom line.” As such, many Fortune 500 companies have incorporated diversity as one of their core values.
Despite this realization among companies about diversity and the proactive steps many have taken to achieve greater inclusion, law firms remain woefully behind, including many in the Kansas City metropolitan area. According to the National Association of Law Placement's 2004 statistics, of the 1,551 attorneys working in Kansas City's major law firms, only 57 of those attorneys, or 3.7 percent, are minorities.
Many strides have been made in the legal profession in recent years, however, including the recent ascension of lawyers of color to the position of general counsel at 26 Fortune 500 Companies. A recent survey conducted by Minority Corporate Counsel Association concluded that 22 of those 26 general counsel were appointed in the last six years, which suggests there is a growing trend of lawyers of color reaching the upper echelons of corporate law departments and possessing significant influence as to what law firms those companies will choose to utilize in handling their legal matters. Many of those companies and corporate law departments are refusing to give business to or are taking business away from those law firms that are unable to systematically demonstrate measurable improvement with respect to recruitment, retention and promotion of lawyers of color.
The message is clear: companies who have embraced diversity as a core value are requiring their law firms to not only embrace it, but also to achieve it. In terms of recruitment, companies and corporate law departments are no longer accepting the excuses from law firms that there is a lack of students of color graduating from law schools. Those companies and corporate law departments have reviewed the recent report conducted by the U.S. Equal Employment Opportunity Commission report, Diversity in Law Firms (2003), which concluded that in 2003 7.2% of all juris doctorate degrees were awarded to African Americans, yet only 4.4% were hired by firms. It also concluded that 5.7% of all juris doctorate degrees were awarded to Hispanic Americans, yet only 2.9% were hired in law firms, and 6.5% of all juris doctorate degrees were awarded to Asian Americans, yet only 5.3% were hired at law firms.
The results indicate there is room for progress. Additionally, companies and corporate law departments are no longer accepting the proposition from law firms that hiring more law students of color will cause those law firms to lower their “standards” for acceptance, which is often exclusively based on grades and law journal experience. Many corporate law departments and law firms contain successful lawyers who did not graduate at the top of their class, but rather possessed great interpersonal skills, a strong work ethic and a true passion for a successful legal career. As those law departments establish greater diversity, they do so by expanding their “standards” for how they quantify “success-determining factors” and many are waiting for law firms to follow suit.
In terms of retention of lawyers of color, companies and corporate law departments are no longer accepting excuses from law firms that they are unable to retain their lawyers of color. Many law firms have long-standing relationships with clients which they value. Companies and corporate law departments recognize and understand the commitment and value that law firms place on maintaining and growing those relationships and therefore they question the difficulty of maintaining relationships with their lawyers of color. Companies and corporate law departments are encouraging law firms to embrace and value their relationships with their lawyers of color in much the same way those law firms embrace and value their relationships with their clients.
It appears the paradigm of diversity has shifted among many companies and corporate law departments, including many in the Kansas City metropolitan area, to a results-based outcome. Therefore, law firms who desire to grow and expand during this paradigm shift can no longer just embrace diversity, they must achieve it.
Wesley Fields is a attorney with the law firm of Bryan Cave, LLP. He may be reached at 816.391.7667 or by e-mail at wofields@bryancave.com.