Over the past two years, I have consulted with organizations across industries to answer two important questions:
- How do we recruit and retain “diverse” employees to our practice?
- How do we better serve clients from “diverse” communities?
You may already be questioning my qualifications to explore these questions at this point of the blog. How could an educational administrator turned consultant and artist even explore these questions of “diversifying your law practice”?
Am I a lawyer? No.
Have I utilized legal services? Of course.
Have I supported students with multiple marginalized identities and experiences as they take their LSATs? Apply to law school? Navigate law school? Their budding careers? You betcha.
Diversity, equity, and inclusion (DEI) efforts have been in good faith by many organizations—especially as the impact of Kimberlé Crenshaw’s concept of “intersectionality” (1989) has been widely explored in multiple professional sectors, including education. Intersectionality recognizes the ways that race, gender, class, and other social identities impact people navigating the criminal justice system. Crenshaw and her contemporaries recognize how oppression did not stop existing after the U.S. civil rights movement (1965), and that the country was founded on colonization, white supremacy, and capitalism. Given this, there is a need not only for culturally competent lawyers but also practices that support accessible services for clients for the general growth and development of the legal field.
According to the National Association for Law Placement’s Report on Diversity in Law Firms (2019):
- Of over 1,000 major law firms in 2018:
- 35.41% of attorneys were women
- 16.1% of attorneys were racially or ethnically “diverse”
- 8.08% of attorneys were racially or ethnically “diverse” women*
- 2.68% of attorneys were LGBTQ
- 0.53% of attorneys were disabled
- Needless to say, the number of “diverse” attorneys in partner rank was in the teens.
The benefits of more diverse work environments are clear—a variety of perspectives, client relationships and representation, outreach and development, opportunities for mentorship, and continued capacity building. Beginning DEI efforts can be difficult in terms of buy-in, costs, and increasing positive workplace climate. There isn’t necessarily an easy formula or roadmap to follow—and not every training or interaction will make sense for your team.
Tools and Tactics for Diversifying Your Law Firm
So, what are some tangible actions for the initial questions posed re: diversity? Here are some tools and tactics:
How do we recruit and retain “diverse” employees to our practice?
- Make sure that your team of attorneys is constantly learning about their own social identities. Just because someone identifies with a historically marginalized identity or experience doesn’t mean that they are aware of the larger impact of oppression on the legal field. The intra- and interpersonal, community, and societal analyses of power and oppression will provide employees with framework to work together moving forward.
- Provide clear instructions regarding recruitment and interview processes. Tell prospective employees about your work culture, supervision styles, and case distribution, and allow for them to meet with other employees with similar identities if possible. These moments of affinity can help someone imagine themselves in the workplace (or not).
- Ensure your onboarding process is thorough. This might mean connecting new attorneys with mentors, networking, including the history of critical race theory and/or intersectionality, and making sure new employees are able to navigate the organization with ease and clarity.
- Ensure your organization has an ongoing professional development plan regarding intergroup dynamics, analysis of the field, and ways to foster more inclusive environments. Include this professional development plan on your website and recruiting materials. And follow through on this professional development by committing work time to explore diversity, equity, and inclusion in your organization. (You don’t have to be an expert—hire a professional to facilitate this experience!)
- Fund new professionals of color to continue to develop their skills at conferences or other training opportunities within the field. Prioritize diversity, equity, and inclusion in continuous training opportunities. One example of an organization doing this work is the Twin Cities Diversity in Practice group. (Spoiler alert: I’ve done some really cool art for them!)
- Establish and connect directly with local law school programs to develop a mentoring program. With an established curriculum and intentional relationship building, mentorship programs can be ways to recruit and support new attorneys of color navigating the professional field.
- Make your affirmative action, nondiscrimination, and/or equal opportunity policies accessible. Provide room for anonymous reporting, feedback, and local resources. If there are climate issues, address them immediately and hire outside facilitation or investigators if needed.
- Conduct offboarding processes and interviews. Pay attention to patterns that are reported and address them with the organization.
How do we better serve clients from “diverse” communities?
- Provide a sliding scale option and/or payment plan for clients with marginalized identities. Or identify a number of cases for which you can potentially provide service for low or no cost. This funding can be covered by grants or donors in order to prioritize clients’ needs.
- Be clear about fees. Some clients will need to know this up front.
- Develop and implement guidelines and basic information to help clients know their rights and navigate legal processes. This allows for people with multiple learning styles, education, and privilege to better understand their work with you.
- Have a list of attorneys with a variety of identities for clients to choose from. They might want someone who has experience with certain client demographics or experiences. If you don’t have someone with that experience, prioritize finding someone who does.
There are a multitude of ways to continue to grow and diversify your legal practice. Do you have any other ideas, tools, or tactics?
In solidarity,
hc lou (she/her/hers)
*This report did not include information about transgender or gender nonconforming attorneys.
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