Keys to Success
The very first step in developing a diversity initiative is to assess the current diversity of your legal organization. The key statistic is to measure the percentage of minorities and women among your firm's attorneys, and among the support staff. You also need to examine the demographics (age, language, geography, etc.) within the firm. Study the retention and promotion trends, and review the recruiting programs for attorneys and staff. Finally, review how current management operates, communicates, and assesses the firm's culture. Is it inclusive? Does everyone have the chance to be heard?
The following Web sites offer audits to help assess the diversity status of your legal organization:
Diversity Works for London: This site provides information on planning for an audit and how to structure your diversity audit.
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There are a number of ways to educate senior management. In recent years, the issue of diversity has garnered significant attention through numerous articles and a variety of presentations and seminars. There are many diversity consultants available to help make the case for diversity to senior management. An increasing number of corporate clients are now making inquiries of legal organizations regarding diversity, including statistics and staffing questions. Many request proof of a diversity plan in order to continue to retain the firm. Thus, the business case for diversity should be easy to make. And management should agree that accepting diversity is simply the right thing to do.
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Once management is committed and you have assessed the diversity of the firm, it is important to adopt a formal diversity policy statement and communicate it to the entire organization-lawyers and staff. The policy statement can include specifics of the diversity plan, as can the initial memorandum communicating the policy, presumably from firm management. The diversity policy should be published on the firm's intranet and Internet sites. This is especially important in light of the increasing client interest in law firm diversity initiatives. The following examples show what a diversity policy or mission statement might look like.
Example 1
Diversity Policy (Modified firm policy applicable to a law firm or legal organization)
Our firm is committed to the goal of strengthening our diversity through recruiting and retaining minority and women attorneys and staff personnel from all backgrounds. Our commitment is consistent with our recognition that it is the outstanding people within [firm name] who have always been the source of our strength. Our colleagues (attorneys and staff) are the firm's greatest assets. We have long embraced the principles of equal employment opportunity. We further recognize that promoting diversity is an integral component of our continuing quest for excellence as individual attorneys and as a firm.
As part of the effort to advance our commitment to diversity throughout the firm, the following initiatives, among others, are being pursued:
- Improvement of the level of diversity within the firm's leadership positions, firm committees and practice development efforts.
- Development of an attorney and senior administrative manager evaluation process to review and recognize the contributions made by our attorneys and managers to advance the firm's efforts to fulfill our commitment to diversity as set forth in this message.
- Emphasis of the firm's long-standing policy that encourages reporting of any discrimination or harassment based on sex, race, national origin or other protected status.
- Participation in opportunities outside the firm to explore diversity initiatives underway with clients, bar associations and minority organizations that share this common objective.
A Committee on Diversity will work closely with the Executive Committee to carry out these and other initiatives to help strengthen diversity throughout the firm. Of course, each and every one of us must accept responsibility for and do our part to fulfill our firm's commitment to diversity.
Example 2
Diversity Philosophy*
(Firm or Company name) is committed to unity through diversity. This commitment is carried out in accordance with a fundamental principle and value that guides Corporate decisions, management practices and conduct. We are committed to the philosophy of People Valuing People, which creates an environment that supports diversity.
Here is how we will demonstrate this philosophy:
- We will seek a workforce environment which is fulfilling, positive and in which mutual respect is encouraged.
- We will continue to seek employees from diverse backgrounds. Fair hiring practices, effective Affirmative Action and Equal Employment Opportunity programs, as well as good employee relations, will assist us in achieving that end.
- We will foster and assimilate a diverse workforce in all aspects of our business operations. Mentorship concepts and employee developmental programs will be supported.
- We will capitalize on the potential a diverse employee base brings to our competitiveness and profit performance.
- We will be a leader in our community by valuing diversity.
- We will continue to educate and develop our workforce through diversity training.
- We will monitor and assess our performance through clear expectations, accountabilities, and annual evaluations.
- We will be a leader in the establishment of public policy supportive of diversity.
- We will support and encourage business enterprises, which demonstrate value for diversity as we contract for products and services outside the company.
(Firm or Company name) accepts responsibility to be a regional leader in assuring that a diverse workforce is recognized as an important cornerstone for success in our industry. For (Firm or Company name) to be an excellent utility and regional leader, we believe this commitment must be honored.
*Used with permission from Portland General Electric.
Example 3
Mission and Strategy
Diversity is a brand imperative that helps to bring Aetna's* health and related benefits to the attention of the fastest-growing segments of the U.S. population -- the African-American and Hispanic/Latino markets, as well as the Asian market. In addition, Aetna's ongoing commitment to diversity builds greater competency among Aetna's employees. As a result, diversity is an important element of Aetna's strategic initiatives.
Mission Statement
We will deliver on Aetna's brand promise by valuing and respecting the strengths and differences among our employees, customers and communities because they reflect our continued future success. Our customers, suppliers and strategic partners are increasingly diverse and multicultural. We must be positioned to understand, interface, relate to and meet their needs. Our challenge is to seek out and use our diversity in ways that bring new and richer perspectives to our jobs and to our business.
Aetna's Diversity Strategy
We are currently focused on the following:
- Recognizing diversity as a business imperative in increasing our business opportunities and partnerships with key external markets, communities and suppliers.
- Creating a work environment that engages, enables and empowers people to do their best work.
- Establishing and supporting programs that increase the understanding and appreciation of cultural differences through the Aetna Foundation and charitable giving.
- Providing diversity education to all employees.
* Aetna Mission Statement and additional information about Aetna's Diversity Policy is available on Aetna's website.
Additional Resources:
Diversity Initiatives by U.S. Law Firms, What Can We Learn?
The Next Phase of Diversity Initiatives: Continued Opportunities for Diverse Attorneys
Diversity: Women’s Initiatives
Best Practices in Implementing Law Firm Diversity Initiatives
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Due to the importance of the diversity effort, many legal organizations may create a standing committee to plan, implement and oversee the diversity initiative. The committee itself should be diverse and should include one or more senior partners as well as non-partner attorneys and staff. If the organization does not want a formal committee, it might consider naming a senior partner to direct the program. Whether a committee, task force or single partner; the legal organization must demonstrate its commitment by entrusting the diversity plan leadership with both authority and resources to build an effective firmwide program. Some legal organizations even hire or appoint a full-time Director of Diversity or Chief Diversity Officer.
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One of the first phases of a diversity initiative is to educate and to train the workforce on diversity issues. This usually begins with a training session for senior management, often as part of the buy-in process for leadership. The initial training is designed to increase awareness of the diversity of the organization's workforce, the impact of exclusion and insensitivity, the need for inclusion, mentoring and sponsorship, and recognition of our own biases. Training programs must help managers to develop the leadership and group process (team) skills needed to facilitate constructive conflict and effective communication. Managers need to address the key issues in diversity training- what is diversity; why the firm/law department cares about having a diverse workforce; what diversity brings to the organization; and how to promote diversity.
Training should then be extended to everyone within the organization. It may be useful to have sessions that include attorneys and staff to demonstrate that these issues exist at all levels. It is equally important to seek input and feedback on diversity issues from everyone involved in the training. Provide mentoring training to partners and others who will participate in mentoring programs.
Sensitivity training is necessary as an important learning tool. Focus on avoiding stereotypes and respecting differences; working with and responding to differences; and communicating with effective tools in conflict resolution. Every person, especially supervisors and management, requires diversity training on a periodic basis to examine how assumptions evolve, how treatment of others can be inadvertent, and how behavior and perceptions based on stereotypes can be altered. Various training companies exist, so if one training company does not work, hire another one that is more suited to your firm's/law department's needs, culture and style.
Diversity in the Workplace, Benefits, Challenges and Solutions
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Mentoring Programs for Attorneys and Staff
Improving employee retention and promoting individual success are obvious goals of a diversity plan. One way to do both is to implement a mentoring program for all non-partner attorneys. Webster's Ninth New Collegiate Dictionary defines a mentor as "a trusted counselor or guide, coach, tutor." Providing a mentor to new attorneys in the office ensures that they learn the unwritten rules of the office and have a better chance of succeeding in the law firm or legal organization. A mentor provides guidance and advice, but also makes introductions to others in the firm.
For more information about implementing a mentoring program in your legal organization for all staff levels, the Society for Human Resource Management has several articles although some are available to members only. The article "Creating a Mentor Program" is available with or without membership.
See also"Mentoring Resource" published online by the DC Bar Association this article includes information on getting started, protocols, and additional resources.
Sponsorship Programs for Attorneys
Similarly, the organization should consider a sponsorship program. A sponsor performs in the community and the business world some of the same functions that a mentor performs internally. The sponsor would guide the new attorney to joining appropriate civic groups, affinity groups and organizations that would be career enhancing. In many cases, the sponsor would propose the new attorney for membership in the civic groups, etc., in which the sponsor already is a member.
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Once you have the diversity plan in place and have clearly outlined the expectations, it is important to evaluate leaders, mentors and sponsors, to hold them accountable and reward them for their diversity-related efforts and achievements. Individual partners should also be asked about their efforts regarding the organization's diversity goals. The organization should continually assess and review the current diversity initiative, and should develop important statistics on hiring, retention, promotion, and leadership positions. The following are resources to measure and monitor progress of individuals within your law firm or legal organization.
To compare the strides law firms have made in terms of diversity, Vault.com in conjunction with the Minority Corporate Counsel Association created and recently released the Law Firm Diversity Database. This online tool built in cooperation with Accenture, Bank of America, Microsoft, PPG Industries, Sara Lee, and Wal-Mart, allows you to make side-by-side comparisons of diversity statistics and initiatives at different law firms, gauge firms' progress over the years and measure their performance against industry-wide averages. Database access requires membership, but membership is free.
There are also many organizations that award and recognize law firms with strong diversity plans as outlined in the following websites:
Other links you may want to review if your law firm or legal organization is considering submitting your diversity plan for recognition include:
- Catalyst is a nonprofit research and advisory organization working to advance women in business with offices in New York, San Jose, and Toronto.
- The Great Place to Work® Institute provides information to transform your organization into a great place to work.
- The Human Rights Campaign: The HRC Corporate Equality Index is released each fall and provides an in-depth analysis and rating of large U.S. employers and their policies and practices pertinent to lesbian, gay, bisexual and transgender employees.
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Any legal organization seeking to become more diverse should review its recruiting programs to include which law schools it has visited, and the number of women and minoritie s in summer programs and in new-attorney hires. Lateral hiring can be an effective way to improve diversity, as are internships and scholarship programs.
RECRUITMENT: Law Firms
NALP, the National Association of Law Placement has developed a Diversity -Best Practices Guide which includes ideas for law firm recruitment. Some of the ideas included recruiting early by reaching out to high school and college students by way of job fairs and speaking at career days and recruiting at schools with significant numbers of minority students, creating affinity programs and joining external affinity programs, joining pipeline efforts, and hosting receptions for minority, women, and lesbian, gay, bisexual, and transgendered law students. While the Guide provides a range of other tips, bear in mind that recruiters themselves should have diversity training to help them interact more effectively with diverse students.
Law firms could also partner with local bar associations by becoming a signatory firm to a Minority Clerkship Program. Clerkship programs, along with summer employment programs and scholarship programs, are means to implement minority-hiring initiatives. Developing mentoring programs and training people how to mentor will allow for better recruitment as well.
Law firms should review the firm's hiring criteria so as not to screen out diverse candidates and "Re-assess the criteria that are based on the firm's 'success profile,' because not all rainmakers possess law review or Ivy League credentials. Then re-evaluate the firm real needs. Redefine competence to filter out racial or culture-based abilities or other factors that do not predict individual success with the firm." Accordingly, law firms should involve minority attorneys in their decision-making process- in reviewing the resumes, on recruiting visits to law schools, and/or on callback visits by minority law students. In the hiring process, law firms need to emphasize lateral hires. As stated in Creating Pathways to Diversity: Metrics for Success, "The more senior minority attorneys, the greater the firm's chances of recruiting and retaining new attorneys of color. With more senior attorneys a firm will be more desirable to entry-level attorneys and better positioned to minimize attrition. This practice is much more likely to succeed as an integral part of a firm-wide diversity strategy."
Law firms may also sponsor periodic receptions, both at law schools and on-site at the legal organization to provide diverse students and applicants with an opportunity to meet minority lawyers within the legal organization. In making acquaintance at the law schools and at the periodic receptions with local second- and third-year minority students, try to obtain these students' interest for possible hires for during the academic year.
Lastly, the NALP advises to get the word out about diversity recruiting, and to work internally to follow through on recruitment. Networking is a great tool. Take advantage of professional and personal networks by offering a bonus for referrals of talented minorities and women who can be recruited to the firm. Other ways to recruit include: publicizing the firm's commitment to diversity through marketing and recruitment materials; updating and improving the firm's Web site to attract minority/diverse students; and advertising in minority professional publications. Inwardly, start by appointing a diversity coordinator. Then, adopt specific and meaningful voluntary percentage goals based on the demographics of the community for hiring, retaining and promoting diverse attorneys and staff. Track the success of any initiatives and report on them annually.
RECRUITMENT: Law Departments
Lawyers For One America cites tips for recruiting which includes the following:
Law departments should stress their company's programs for diverse lawyers and staff. This can be done with all prospective hires, and other individuals and organizations through promotional materials and discussion. To ensure diversity needs, use executive search firms who specialize in diverse candidates and insist that all search firms include diverse candidates in the slate to be considered. Also, review the diversity performance of the search firm and, if necessary, change firms if the firm does not meet the diversity needs of the law department.
Individual law departments should publicly recognize and reward lawyers and staff who show outstanding performance in achieving diversity. In addition, awarding bonuses for lawyers and staff who are actively recruiting diverse candidates may initiate a department wide response to recruitment. In beginning an awards program, include diversity-recruiting activities in all evaluations and decisions on salary, bonus, stock or option awards and advancement. To maintain a well-funded diversity committee, law departments need a leader for their committees- either the general counsel or other senior management officer. When the diversity committee and the objectives of the law firm are intact, provide training to all interviewers, including videos, manuals, diversity consultants and frequent in-department discussions of the importance of diversity and issues important to diverse employees. The MCCA suggests that law departments develop strategic staffing initiatives that require search firms to target candidates based on skill requirements consistent with internal needs. Also, they should have each business unit of the company adopt a historically minority college or university and develop a close relationship with students by presenting seminars, speaking at campus events and donating equipment.
For additional Recruitment and Retention ideas see the following:
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A legal organization seeking greater diversity or inclusion should increase the number of women and minorities on firm committees, in leadership roles and holding management positions. Naming co-heads of an office or department is an effective way to expand management positions, as is naming an administrative partner for an office in addition to the partner in charge.
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A legal organization committed to strengthening diversity should explore opportunities both inside and outside the firm. Many organizations such as the MCCA, NAACP, South Asian Bar Association of Washington D.C., Hispanic National Bar Association and various minority community, business and professional associations solicit help in sponsoring events, creating networking opportunities, placing ads in publications, and supporting community involvement. Legal organizations should establish procedures for seeking and approving such activities and should consider supporting employee involvement in community diversity projects.
There are many ways individual organizations may become involved in the community. Here is how one Northwest utility is involved in its community.
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A comprehensive diversity program can involve thousands of hours in additional recruiting efforts, training, mentoring, sponsoring, seminars and time with community and other diversity-related projects. Legal organization leaders must recognize this and be prepared to support the program.
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To express the commitment to diversity, some organizations work directly with minority-owned businesses from which they purchase goods and services. One way to do this is to join the local minority contractor association/minority business council. Supplier diversity provides an opportunity to meet client expectations, create a positive business image and gain market share. There are searchable databases available for identifying women and minority-owned businesses including the following:
- Ethnic Majority: This is a large database of businesses who have received government funding due to their ownership status.
- DiversityBusiness.com: The heart of this website is its online networking place for buyers and sellers. These include comprehensive directories for national searches. It is the nation's primary resource portal for small businesses and large organizational buyers (e.g., Fortune 1000 Companies, government agencies and college/universities). It is a membership-based exchange platform that facilitates contacts and communication, streamlines business processes and provides vital business news and information. DiversityBusiness.com is produced and sponsored by Computer Consulting Associates International Inc. (www.CCAii.com) of Southport, Connecticut.
6 Strategies for Partnering with Key Minority Stakeholders: This site provides information on minority spending power, supplier diversity and strategic business opportunity.
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Another way to promote diversity is to become more flexible in accommodating the family needs of employees. Legal organizations have used part-time and flex-time programs to demonstrate a willingness to become more flexible and meet the needs of their employees.
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To summarize, here are some key factors in achieving a successful diversity program:
- Encourage frequent, candid communication to correct misperceptions about diversity and diversity programs.
- Create an atmosphere of sensitivity and inclusion.
- Cultivate an attitude of respect and dignity in the workplace.
- Continue to evaluate the performance and results achieved; require accountability.
- Obtain commitment by senior management, as evidenced in both words and actions.
- Provide effective mentoring and sponsorship.
- Reward and recognize diversity successes and achievements.
- Make the financial commitment inside and outside the legal organization.
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Throughout the Diversity Toolkit, plan is used to mean the method used to accomplish the goal; the implementation or the answer to the overarching question - what are you going to do? There are a variety of approaches but each has a number of critical success factors in implementing and sustaining an effective diversity plan in a legal organization. It is essential, regardless of approach, to build awareness among senior management regarding diversity and its impact on the legal organization's workforce. Once management understands the benefits of recognizing, valuing and promoting diversity, it should commit the organization to a proactive diversity plan.