ALA's Diversity Toolkit

Diversity and inclusion are essential in business today as a healthy variety of people from diverse backgrounds and cultures provides us with the balance of voices and diversity of thought that we need.

However, many businesses still lack a healthy balance of people from diverse backgrounds working for them.

This needs to change, and this article reflects on the reasons why diversity and inclusion are essential in business and how they can significantly impact businesses in the short and long term. 

Inclusivity allows all the voices to be heard in the room, which allows us to build the very best firm possible instead of just the voices at the top. Innovation is not going to happen without psychological safety.

Within the legal industry, organizations are taking steps toward making their workplaces more diverse and putting a greater emphasis on diversity, equity, and inclusion (DEI), In fact, major firms have recently voiced a desire for more personnel diversity, including creating positions such as chief diversity officers.

Also, check out Bianca Miller Cole's article in Forbes, "8 Reasons Why Diversity and Inclusion Are Essential to Business Success" and the article "Diversity and inclusion increases profits and performance" from Pride Business Forum. 

Information Related to DEI: The U.S. Population Is Growing More Diverse

According to the U.S. Census' “Demographic Turning Points for the United States,” the non-Hispanic White population is projected to shrink over coming decades, from 199 million in 2020 to 179 million people in 2060— even as the U.S. population continues to grow. Their decline is driven by falling birth rates and rising number of deaths over time as the non-Hispanic White population ages. In comparison, the White population, regardless of Hispanic origin, is projected to grow from 253 million to 275 million over the same period.

The population of people who are two or more races is projected to be the fastest growing racial or ethnic group over the next several decades, followed by Asians and Hispanics. The causes of their growth are different, however. For Hispanics and people who are two or more races, high growth rates are largely the result of high rates of natural increase, given the relatively young age structure of these populations. For Asians, the driving force behind their growth is high net international migration.

The changing demographics of the United States are reflected in a changing workforce as well as a changing client base. This redefines who has the buying power and what markets that will provide future business opportunities and growth.

Globalization

Corporations already in the global marketplace have begun to adapt to customers and vendors with different perspectives and needs. These corporations have determined that employees who mirror the clients they serve, who can literally and figuratively speak their language, identify their needs, and suggest potential new markets will ultimately benefit the organization’s bottom line.

Legal organizations have lagged behind these corporations but have begun to enter the same global market: competition requires acquiring the best workers to successfully capture significant shares of those global markets. As individuals who are responsible for selecting law firms and legal organizations become more diverse, those individuals are more likely to consider legal teams that reflect this and ask about a law firm’s diversity record before making a commitment to do business.

Recruitment and Retention

Diversity in the organization’s leadership and in its workforce improves recruiting and retention. Few legal organizations can expect to gain access to the kaleidoscope of clients without recruiting a staff that reflects the diversity of the marketplace. Retaining diverse personnel is often the bigger challenge. Retention hinges on whether the legal organization’s culture visibly supports diversity. If the culture suggests a lack of understanding of diversity concerns, or a lack of commitment to diversity issues by the organization and its leaders, “diverse” staff will leave. Unless organizations begin to create a business climate that openly welcomes those who are in some way different from the existing group, they will continue to experience costly turnover as new talent leaves to find a more hospitable environment.

Corporations Demand Diversity and Inclusion of Their Outside Counsel

The emphasis the corporate sector has put on diversity and inclusion initiatives have started to reach law firms. These corporations demand their legal partners actively promote diversity within their firms, give significant weight to a legal organization’s commitment to and progress in diversity when selecting outside counsel, and have formed coalitions to do so. Two are noted here:

The Leadership Council on Legal Diversity (LCLD) is an organization of more than four hundred corporate chief legal officers and law firm managing partners—the leadership of the profession—who have dedicated themselves to creating a truly diverse U.S. legal profession. Our action programs are designed to attract, inspire, and nurture the talent in society and within our organizations, there- by helping a new and more diverse generation of attorneys ascend to positions of leadership. By producing tangible results in the lives of talented individuals, we work to promote inclusiveness in our institutions, our circles of influence, and our society, with the ultimate goal of building a more open and diverse legal profession. 

The mission of the Minority Corporate Counsel Association (MCCA) is to advocate for the expanded hiring, promotion, and retention of minority attorneys in corporate legal departments and the law firms that they retain. Since its founding in 1997, MCCA has emerged as a knowledge leader on diversity issues, and its programs and initiatives cover a wide range of diversity management issues, with an emphasis on the professional challenges faced by race/ethnic

minorities; women; lesbian, gay, bisexual, and transgender lawyers; people with disabilities; and multi-generational workforces.

MCCA has partnered with the Vault to create a law firm diversity database. The organization sponsors research into the best methods to implement diversity. The MCCA has detailed information on recommended practices for law firms including: (1) the business case for diversity, (2) barriers to success, (3) critical success factors, (4) where laws stand on diversity (5) the retention challenge, and more.

Each organization must determine its own path for improving diversity and inclusion. The steps laid out here will assist an organization in developing a plan, or for those organizations with a plan, refresh and renew organizational commitment. There are several resources available to assist in this effort. They are identified at the end of this toolkit.

A. Building Management Awareness

Any initiative involving organizational change requires support and commitment from leadership. Achieving the goals of a diversity initiative is no different. 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, committing the organization to a proactive diversity plan will be a sound business decision.

In her article “The Benefits of Diversity in the Legal Profession,” Angelica Cesario discusses the rapidly changing demographics in the United States and the benefits of increased diversity in the legal profession. Read her tips here. 

B. Diversity Committee/Partner

Many legal organizations have 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 other attorneys and staff. Alternatively, consider naming a senior partner to direct the program. Some legal organizations even hire or appoint a full-time Director of Diversity or Chief Diversity Officer. 

Once committed, leadership must be held accountable for the success of the diversity initiative through continuous monitoring of its implementation. Whether a committee, task force or single partner, the legal organization must also demonstrate its commitment by entrusting the diversity plan leadership with both authority and allocation of resources to build an effective firm wide program. Strong senior leadership also conveys the expectation of cooperation and involvement from all employees and sends a clear message: This organization is serious about diversity and inclusion. 

C. Assessing the Firm or Legal Organization’s Diversity

Next, assess the current diversity of the legal organization. Measure the percentage of minorities, women, LGBTQ+, and people with varying physical abilities among your organization’s attorneys and support staff. Examine the demographics (age, language, geography, etc.) How does this compare to national averages? (Keep these statistics to analyze results after the plan has been in place for a period.) Study retention and promotion trends. Review the recruiting programs for attorneys and staff. Review the diversity policies on the websites of the organization’s most significant clients or vendors or inquire of clients as to whether they require the organizations they work with to have a diversity plan. Many request proof of a diversity plan, including staffing statistics, to prove the commitment to diversity. Finally, review how current management operates, communicates and assesses the firm’s culture. Is it inclusive? Does everyone have the chance to be heard?

D. Strategic Plan Development

This phase of the diversity initiative is critical. Planning establishes a blueprint reflective of the current culture of the organization and outlines the actions necessary to achieve the diverse culture of the future.

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. Leaders must recognize this, build that consideration into goal planning and be prepared to support the program. 

For maximum effectiveness, make diversity and inclusion a key element of your legal organization’s existing business plan: It is more powerful, practical and productive to align the two and build greater understanding and support for change. 

Following the example of firms that have advanced DEIA initiatives can help leadership in developing a plan that works within their culture. Ice Miller is one example of a firm that displays a great deal of information on their website, showing their roadmap and achievements toward their goals. 

E. Issuing a Firm or Legal Department Diversity Policy or Mission Statement 

Once management is committed and the diversity of the organization has been assessed, it’s important to adopt a formal diversity policy statement and communicate it to the entire organization, both lawyers and staff. The policy statement can include specifics of the diversity plan, as can the initial memorandum communicating the policy and should be distributed by firm management. The diversity policy should be prominently published on the firm’s Intranet and Internet sites. All employees should be able to articulate the diversity policy as a core value.

Click here for a sample diversity policy.

F. Training and Education

Workplace conflicts often stem from a lack of understanding about the differences among us. It is imperative to train individuals to recognize, acknowledge and overcome these differences. Training will vary by the needs of the organization and whether it is at the beginning stages of a diversity initiative or there are ongoing efforts.

Initially, training should begin with senior management, often as part of the buy-in process for developing diversity and inclusion initiatives. Separate training programs for managers will help them develop the leadership and team building skills needed to facilitate constructive conflict and effective communication. 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.

For organizations without prior diversity training the preliminary training may address any of these issues:

• Define diversity and inclusion.
• Explain why the organization cares about having a diverse workforce.
• Explain what diversity and inclusion brings to the organization.
• Increase awareness of the diversity of the organization’s current workforce.
• Discuss how to promote diversity and inclusion.
• Discuss the impact of exclusion and insensitivity.
• Recognize the existence of conscious and unconscious and ways to exclude their existence.

Once the groundwork is set, training needs to be done on a periodic basis to continue to build awareness and address the needs of the organization. Topics may include:

• Sensitivity training.
• Training on avoiding stereotypes and respecting differences.
• Cultural awareness and unexpected commonalities.
• Working with and responding to differences.
• Teamwork.
• Active listening and asking questions to improve understanding.
• Effective tools in conflict resolution.

To accomplish this training, seek recommendations for various training companies. If one does not appear to suit your requirements, continue searching for another that is more suited to your firm’s/law department’s needs, culture and style.

A special note on unconscious bias: We all have them. You can’t be human without them. They are developed by years of influence and demonstrate how treatment of others can be inadvertent and how behavior and perceptions based on stereotypes can be altered. They may be called “micro-inequities” and are subtle, often subconscious signals, which may reveal a bias or demonstrate the difference between inclusion and exclusion. Accept you have them and be alert to experiences which make them surface. To uncover your own bias, consider these resources:

• Bias Interrupters – a project of The Center for Worklife Law: biasinterrupters.org.
• Harvard Implicit Association Tests: implicit.harvard.edu/implicit
• Verna Myers, Unconscious Bias – Learning How To Unpack Your Unique Cultural Lens and Biases” vernamyers.com/online-training/unconscious-bias, 2023.
•  Harvard Business Review: “Are you Aware of Your Biases?” by Carmen Acton, Feb. 4, 2022, hbr.org/2022/02/are-you-aware-of-your-biases

Be sure not to forget those in your legal support staff ranks. Contributions here can be critical to the success of diversity efforts throughout your culture.

According to the article “Diversity Efforts Must Also Include Development for Legal Support Staff,” Deidre N. Jackson says: The legal industry is booming. But it’s also an employee’s market, which means legal organizations – just like other industries – are struggling to hire. When looking to retain support staff – such as paralegals, administrative assistants and marketing professionals – firms should first lift up and learn from those within their own ranks.

G. Recruiting and Retention

The more senior diverse attorneys, the greater the legal organization’s chances of recruiting and retaining new attorneys of color, gender, and other diversity. Additionally, the organization will be more desirable to entry-level diverse 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. But where to start?

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, minorities, LGBTQ+, and people of varying physical abilities in summer programs and in new-attorney hires. 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.

The legal profession has a pipeline problem, meaning that there are not enough diverse attorneys. As a profession, we need to reach out to high school and college students by way of job fairs, speaking at career days and recruiting at schools with significant numbers of minority and diverse students. This could include adopting a historically minority college or university and developing a close relationship with students by presenting seminars, speaking at campus events, etc.

At the law school level, this includes hosting receptions at the law schools or at the legal organization for minority, women, and lesbian, gay, bisexual and transgendered law students, for example. Build connections with various student bar associations embracing minorities and under-represented groups. This provides diverse students and applicants with an opportunity to meet diverse lawyers within the legal organization. Standout students should be identified with the goal of obtaining these students’ interest for possible hires during the academic year. Law firms could also partner with local bar associations by becoming a signatory firm to a diversity clerkship program. Clerkship programs, along with summer employment, internships and scholarship programs, are a means to implement diversity-hiring initiatives. And build connections with professional bar associations embodying under-represented groups and minorities.

Consider working toward the Mansfield Rule Certification. The Mansfield Rule is a “structured certification process designed to ensure all talent at participating law firms and legal departments have a fair and equal opportunity to advance into Leadership. Mansfield is focused on broadening the talent pool for consideration, including those historically underrepresented in the legal profession, to facilitate transparent leadership pathways.” To achieve Mansfield Rule Certification, law firms are required to demonstrate year-long progress in increasing diversity in senior recruitment and leadership decisions, and consider a minimum of 30% diverse candidates for these roles.

Recruiters themselves should have diversity training to help them interact more effectively with diverse students. Provide training to all interviewers via videos, manuals, diversity consultants and frequent department discussions of the importance of diversity and issues important to diverse employees.

Take advantage of professional and personal networks by offering a bonus for referrals of talented diverse candidates who can be recruited to the firm. 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. Make sure your recruiting resources know your successes. Periodically 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.

Post opportunities widely, including distribution to the National Asian Pacific American Bar Association (NAPABA); National Bar Association (NBA, African American Attorneys); Hispanic National Bar Association (HNBA); American Bar Association Commission on Disability Rights; Latina Lawyers Bar Association (LLBA); National Native American Bar Association; National LGBT Bar Association; National South Asian Bar Association; National Association of Women Lawyers (NAWL); and any local or regional affinity bar associations unique to your area.

Law firms should review the firm’s hiring criteria so as not to screen out diverse candidates. Redefine competence to filter out racial or culture-based abilities or other factors that do not predict individual success with the firm. However, never hire a candidate for diversity’s sake. Do not hire a candidate who does not fit your culture, values and performance expectations.

Create a diversity and inclusion brochure for your firm or legal departments, stressing the programs for diverse lawyers and staff. Publicize the organization’s commitment to diversity through marketing and recruitment materials, updating and improving the firm’s website to attract diverse candidates. Consider Braille business cards or documents for the visually challenged.

For additional recruitment and retention ideas see the following:

• Creating Pathways to Diversity, from the Minority Corporate Counsel Association, https://mcca.com/wp-content/uploads/2017/04/Book-2Blue.pdf,
• Increasing Law Firm Diversity, American Bar Association, https://www.americanbar.org/groups/tort_trial_insurance_practice/publications/committee-newsletters/increasing_law_firm_diversity/.
• Diversity Best Practices Guide, National Association for Law Placement (NALP), https://www.nalp.org/uploads/2020_DiversityBestPracticesGuide.pdf 

H. Mentoring and Sponsorship

Mentors: People who provide information, insights and opportunities to help you advance your career.

Sponsors: People who use their influence to help you advance your career.

Mentoring and sponsorship programs have been valuable in improving employee retention and promoting individual success. In legal organizations, these programs are often focused on attorneys but certainly can be adapted for all employees. 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, consider these resources: 

• 5 Ways to use Mentoring to Create an Inclusive Workplace, Training Industry, https://trainingindustry.com/articles/diversity-equity-and-inclusion/5-ways-to-use-mentoring-to-create-an-inclusive-workplace/.
• How Mentorship Supports Diversity in the Legal Profession, Simple Legal, https://www.simplelegal.com/blog/mentorship-diversity-in-legal#:~:text=To%20hire%20and%20retain%20diverse,retention%2C%20to%20assess%20the%20program's. 

Similarly, the organization should consider a sponsorship program. Corporations are leading the way in developing sponsorship programs and the concept has been propelled forward in this book: Sylvia Ann Hewlett, (Forget a Mentor) Find a Sponsor, The New Way to Fast-Track Your Career, Harvard Business Review Press, (2013). Sponsors differ from mentors in that sponsors deliver. They create visibility to leaders within the company and in the larger business community. They connect their protégés to career opportunities and provide cover when trouble is encountered. When it comes to opening the door, they don’t stop with one promotion; they will see you to the threshold of power. In this respect, a sponsorship program is targeted at attorneys within a few years from partner or shareholder consideration. Consider also the resource below (last visited in November 2023): 

• Tap Mentors and Sponsors to Drive Legal Department Diversity, Gartner, https://www.gartner.com/smarterwithgartner/tap-mentors-and-sponsors-to-drive-legal-department-diversity. 

I. Policies and Procedures

Ensure your handbook, intranet pages and employment policies are up to date, including any new laws in your state. These can change frequently, so have resources to stay informed. Examples include flexible scheduling, including part-time and flex-time programs; event inclusiveness; holidays; telecommuting; domestic partner benefits and grossing up benefit; self-identification LGBT; employee assistance policies; quiet rooms for prayer, lactating, quiet and rest; transgender issues; and accessibility — noting not all disabilities are visible.

J. Firm Management

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 for an office in addition to the partner in charge.

K. Affinity Groups

Create Employee Resource Groups (ERG), also referred to as Affinity or Ally Groups, which create opportunity for diverse parties and allies to gather to share experiences reflective of their commonalities. They are exclusive to some degree but the value of the support system is immeasurable.

L. Community Involvement

A legal organization committed to strengthening diversity should explore opportunities both inside and outside the firm. Many organizations and diverse community, business, bar 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 partnership opportunities and/or supporting employee involvement in community diversity projects.

M. Partnering with Minority-Owned Businesses

Some organizations demonstrate their commitment to diversity by purchasing goods and services directly from minority- and women-owned businesses. Minority contractor associations can assist in identifying such businesses. Many states have dedicated database sites listing minority-owned businesses operating within their borders, simply found by typing “list of [state-named] minority owned businesses” into your preferred search engine.

Although it does take just a little bit of work to implement a successful Supplier Diversity Program (SDP), the benefits are clear. Creating and implementing an SDP requires employing diverse businesses to meet your law firm’s needs. In turn, this creates value, increased exposure and increased opportunities to provide quality representation to your clients.

N. Evaluating Programs and People

Any organization should continually assess and review its diversity initiative and should develop statistics on hiring, retention, promotion and leadership positions to measure progress.

To compare the strides law firms have made in terms of diversity, Vault.com and the Minority Corporate Counsel Association (MCCA) created the Law Firm Diversity Database. This online tool allows side-by-side comparisons of diversity statistics and initiatives at different law firms, gauges firms’ progress over the years and measures their performance against industry-wide averages. Benchmarking surveys also provide an opportunity not only to measure the organization’s success but also to take advantage of others' success by learning what they have done via surveys. See for example: Minority Corporate Counsel Association (MCCA), Price Waterhouse Coopers (PWC); National Association for Law Placement (NALP); Association of Legal Media (ALM); HR Certification Institutes (HRCI); Vault/MCCA Vault Career Intelligence/Minority Corporate Counsel; Society of HR Managers (SHRM).

There are also many organizations that award and recognize law firms with strong diversity plans as outlined in the following websites:

• Diversity Leadership Award: This award is presented annually by the American Bar Association Section of Litigation to recognize individuals or entities who have demonstrated a commitment to promotion full and equal participation in the legal profession.
• Vault: The 20 Best Law Firms for Diversity: Each year Vault.com ranks law firms across a variety of categories including a specific ranking for diversity. Best Law Firms for Diversity, the Vault.
• MCCA awards individuals and or legal organizations that have made achievements in diversity.

Other resources for law firms or legal organizations considering submitting diversity plans for recognition include:

• Catalyst is a nonprofit research and advisory organization working to advance women in business.
• The Great Place to Work^® Institute provides information to transform your organization into a great place to work.
• 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.

It is also important to evaluate the individuals to create accountability and reward diversity-related efforts and achievements. The annual performance review, which should be linked to compensation, bonus, stock options awards and advancement, can include the following:

• Does this employee treat others with respect and foster inclusion?
• Create an inclusion list — ways for individuals to engage in inclusive behavior. For example: Attend an event sponsored by a diverse community, where the individual is the minority. Attend a CLE on diversity in the legal profession. Attend a diversity and inclusion conference. Serve on a bar association’s diversity committee. Attend a function sponsored by a minority bar association.
• Credit timekeepers with hours spent on diversity and inclusion, pro bono.
• Credit work on recruiting activities focused on diversity.

A full library of free, dynamic resources can be found in ALA’s DEIA Resource Hub. The Diversity & Inclusion Scorecard for Law Office Administrators provides best practices, examples, and offers a tool to measure your current efforts. Utilize the Scorecard to earn the “We Participate” seal for your website, along with recognition validating your firm’s achievement.

“Measuring Your Firm by DEI Standards” by Tiffany Ho-Rivera, Director of Operations at Rogoway Law Group’s San Francisco Office, Legal Management Magazine, June 2023,

“Law Firm Diversity & Inclusion Benchmarking Guide”

“ICYMI (In Case You Missed It): Free D&I Resources Available to You” by Jessica L. Mazzeo, Co-Founder and COO at Griesing Law and Ellen Clinton, SHRM-SCP Reginal Administrative Manager, Kutak Rock LLP, Legal Management Magazine November/December 2020

Revised and edited by:

Christine Hashemi, SHRM-SCP, KaMeelah Hakeem, Vice-Chair and JaNae Martin, Chair, ALA Diversity, Equity, Inclusion, and Accessibility Committee

November 2024