Diversity And Quality: A Candid Discussion Is Required
My friend, Phil Harris from Jenner & Block, has authored an article, Confronting Race, that every lawyer in America should read. Twice. And leaders in major law firms should read it three times. The article appears in the July 2007 issue of Chicago Lawyer (not related to American Lawyer; not available online).
The article begins with this thesis:
"Most of us understand that disturbing attitudes about race and equality continue to plague our profession. Statistics demonstrate the seriousness of the problem. According to the Chicago Lawyer's annual surveys, in 1992 only 0.9% of the partners in large firms were black. In the 2007 survey, that number had risen to only 1.8%.Something is very wrong, and as leaders in our firms and good citizens, we need to address the problem in a direct, open, and honest way. The disturbing attitudes and behavior we see in our law firms are exacerbated by the discomfort that we feel when discussing race.
* * *
The problem is not that a hegemonic ideology of anti-racism discourages honest conversation about race. Rather, it is a refusal by most members of the legal community to recognize that our practices, language, and institutional structures maintain and perpetuate racial boundaries. We are not necessarily any worse than other professions in this regard. But we can, and must, do better."
While written by a Chicago attorney, a partner in a Chicago law firm, using statistics about partners in Chicago, the article is not about Chicago. The issue is a national one, perhaps even a global one given a recent statistic I saw about the number of minority partners in top UK firms. The issues Phil discusses transcend geography. I believe they also transcend our profession, but that discussion is for another day, another forum.
Phil discusses the efforts many firms have made--making financial contributions to organizations that promote diversity; funding scholarships for minority law students; retaining diversity consultants; using creative approaches to identify and recruit black and other minority law students; and for some, discussing diversity with their clients. Still, that 1.8% figure is rather stark, and while acknowledging the value of these steps, the article indicts our profession for maintaining "deeply embedded attitudes and behaviors" that result in two steps back for every two steps forward.
In my view, Phil breaks new ground when he says that the discussion he proposes must be premised on agreement that the end must result in black lawyers "exercising the same intellectual, cultural and institutional clout as their white peers." In the preceding paragraph, I suggest that the article is in some respects an "indictment" of the profession. I don't think Phil would necessarily agree with my use of that word--its not a terribly constructive word and his goal is a constructive one. But the profession must be candid with itself--black lawyers, by and large, are not viewed as intellectually equal to white lawyers. The evidence? The article is filled with it. For example, minority lawyers are expected to be rainmakers: there are virtually none in the ranks of the service partners at most firms. Why? Only the "smart" non-rainmakers get to stay as service partners. I won't try to characterize all of the evidence that appears in the article, but I hope that many of us will be honest enough to accept the real possibility of our shortcomings.
The real issue is what do we do about it? I hope the candid discussion Phil seeks happens: if it does, some meaningful progress might result. But the progress will require big firm leaders in particular to admit some painful truths. What with all the focus these days on profits per partner, the leadership necessary to move forward on this issue seems to be in short supply. My be is the article will be met with stultifying silence.
This issue is a critical one. The Chicago Lawyer is a publication of limited circulation and limited geographic interest. But since the issue is one of universal importance, please take the time to help circulate the article to law firm leaders, friends, and anyone else who might broaden the number of people who read this outstanding article. Thanks.