When It Comes to Diversity, We All Play a Vital Role
By Kim M. Keenan

“If we cannot now end our differences, at least we can help make the world safe for diversity.”
—John F. Kennedy

With new faces in the White House, and an even newer face on the United States Supreme Court, the legal landscape certainly has come a long way. Notwithstanding this progress, we still have a long way to go. This is reflected by the fact that American Bar Association President Carolyn B. Lamm, the first female to serve in this post from the District of Columbia, has created a Diversity Commission with the goal of providing practical resources and guidance that will help women lawyers, lawyers of color, disabled lawyers, lawyers of differing sexual orientations, and young or old lawyers navigate the cultures and practices in law firms and corporations to pierce the glass ceiling. “Regardless of physical attribute or age, lawyers should be able to practice and excel on the basis of their talent, work ethic and devotion to their clients,” Lamm said during the announcement of the Commission.

It is not surprising to me that Lamm would promote diversity during her tenure. After all, the D.C. Bar is one of the most diverse jurisdictional bars in the nation. One need not search far to find excellent lawyers in every color, shape, size, age, and sexual orientation. As a leader in diversity, we must continue to keep a fresh eye on the issues and an open mind toward identifying and implementing strategies to continue our pace at the forefront of promoting diversity.

In 2009 the Minority Corporate Counsel Association (MCCA) issued a report titled Sustaining Pathways to Diversity: The Next Steps in Understanding and Increasing Diversity & Inclusion in Large Law Firms. In sum, the report supports that while firms are increasingly communicating their commitment to diversity, the fact remains that the perception of diversity efforts varies by gender, color, and position in the firm. Not surprisingly, these are the same differences in perception that exist in our society at large.

For example, the standards for recruiting racial/ethnic minorities were actually higher than those for recruiting whites, according to the MCCA report. Notwithstanding this conclusion, the report found that there was a “strong sentiment” that racial/ethnic minorities, regardless of whether they graduate from top law schools, were less qualified than other candidates because it was assumed they entered law school through preferences. With honest dialogue and targeted action, firms have a better opportunity than ever to move beyond superficial notions of the practical challenges of diversity. Building on our strengths and shoring up our weaknesses are two of the hallmarks of the legal profession. Ultimately, we must reflect the core principles of our profession—service, integrity, leadership—without denying our individual attributes.

My concern with diversity initiatives is that they often rest squarely on the shoulders of the groups they are intended to include. There are better models to follow, including a top-down approach. For example, in 2004, Roderick Palmore, then executive vice president and general counsel of Sara Lee Corporation, wrote “A Call To Action: Diversity in the Legal Profession,” urging general counsel throughout the nation to drive diversity by seeking specific results in this area from the law firms they hired as well as in their own legal departments. Many prominent general counsel joined the “call,” and today it serves as a collaboration between general counsel and managing partners. This evolution of inclusion in the profession is often referred to as the business case for diversity. More than anything, it highlights the fact that diversity is not just some aspirational goal for the future, but a business imperative in a world where clients also represent diverse backgrounds or where different perspectives might drive new answers to old questions. When we honor diversity, we celebrate the fact that excellence comes in all colors, shapes, preferences, and sizes. To effectively reach this goal, we will need everyone at the table.

The effort to reach the goal of inclusion is necessarily multifaceted. It begins with encouraging diverse, young people to consider the legal profession. It continues with providing every law student with the tools they will need to serve a diverse client base. At law firms, it means exposing new lawyers to a full range of training while empowering senior lawyers to communicate and perpetuate objective standards, thus enabling new lawyers to evaluate their standing in the firm. Law firm culture is not a course officially offered in law school, but understanding it is most assuredly a better indicator of law firm success than an LSAT score or class standing. The best advice for young lawyers seeking success is to emulate a successful lawyer who shares their personal values. Success, regardless of the means or challenges encountered on the way to it, speaks for itself.

As lawyers, we must judge ourselves and others by the quality of our service to our clients, the profession, and the community. When you get it right, diversity is like a perfect bouquet of fresh flowers. No one counts how many flowers are roses versus lilies or even thinks about how many represent which colors. The thing is, if you get it right, the flowers all work together so well you forget that each one is unique.

It is never too late—each one of us can do something to make the world safe for diversity.

Reach Kim M. Keenan at kkeenan@dcbar.org.