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This year, the American Bar Association welcomed its first-ever African-American President, Dennis W. Archer. In his debut speech in August, Archer noted the significance of his
presidency, stating, "Today is a new beginning, a new chapter in the history of the world's largest voluntary organization. We sweep aside the past to officially and emphatically
declare that our association's leadership is open to every lawyer regardless of race or color."1 Archer has also noted, however, that when compared to the general population, lawyers of color are "woefully underrepresented."2 For example, it is estimated that minorities now represent 25% of the United States population, while just 10% of lawyers are people of color.3 Because of this disparity, Archer has identified diversity as a priority for the ABA and has placed a major emphasis on efforts to increase diversity in the legal profession.
In the midst of this new chapter in the ABA's history, the Utah State Bar begins a new chapter of its own. In November 2003, the Utah Minority Bar Association ("UMBA"),
with the support of the larger legal community, unveiled the Utah Pledge to Racial and Ethnic Diversity for Utah's Legal Employers at its annual Awards and Scholarship Banquet. The
"Diversity Pledge," as it has come to be known, is a commitment by members of the Utah legal community to promote diversity in the profession and to further efforts to expand
opportunities for attorneys of color.4
The concept for Utah's Diversity Pledge began in the fall of 1999 when the Utah Minority Bar Association, under the leadership of
Trystan Smith and Clayton Simms, set out to address what its members considered to be its biggest challenge, namely increasing the number of attorneys of color in Utah's law firms. What
developed over the next several years was a concerted effort by UMBA to challenge itself and the members of the larger Bar to begin a dialogue regarding diversity and its benefits for the
legal profession. The result of these efforts is the Diversity Pledge.
Although not the first of its kind,5 the Diversity Pledge marks a significant milestone for Utah. Like the rest of the nation, the face of Utah is changing. In 1960, the number of minorities in Utah was less than 2%.6 Now, minorities make up 15% of Utah's population.7 Unfortunately, however, less than 3% of active Utah Bar members are lawyers of color. The Diversity Pledge seeks to change that, so that the legal profession in Utah better reflects the changing face of the state and the nation. Sponsors of the Diversity Pledge recognize the benefits of promoting diversity - not just for minorities but for the profession as a whole. In a recent directive to lawyers, Archer explained:
As lawyers we share an allegiance to a legal system that warrants and commands the respect of all members of society. Sadly, that system is not in place today, and it never will be
until we tear down the barriers that continue to thwart advancement of lawyers of color. Public confidence in our profession - and the justice system as a whole - requires that law
firms and the judicial system reflect the full diversity of our society.8
The Bottom Line
As this new chapter unfolds, UMBA hopes the Diversity Pledge will make a difference in Utah. UMBA recognizes, however, that not everyone will embrace diversity
just because it's the right thing to do. Therefore, it is important that legal employers - and law firms in particular - realize that diversity is simply good for the bottom line.
Corporate America has recognized this principle for years. Businesses know that to thrive or even survive in these times, they must reflect the diversity of society. That is why we now
see companies aggressively promoting diversity and targeting advertising to a diverse customer base. As corporate America has increased its diversity efforts, internal legal departments
have also focused efforts on achieving diversity. The legal department of American Airlines, for example, consists of 40 attorneys, 15 of whom are female and 10 of whom are minorities.9 Gary Kennedy, senior vice president and general counsel, states that "A workforce rich in diversity allows us to benefit from the many different racial, ethnic, religious, educational, cultural, lifestyle and social backgrounds our employees possess . . . This in turn enhances our ability to provide quality service to our customers and career opportunities to our employees."10
Other companies also recognize that achieving diversity is just "good business."11 Pharmaceutical company Merck & Co., Inc.'s deep commitment to diversity is embodied in its corporate mission statement, which states, "The ability to excel - to most competitively meet society's and customers' needs - depends on the integrity, knowledge, imagination, skill, diversity and teamwork of our employees."12 In keeping with its mission statement, Merck's corporate culture continually focuses on recruiting diverse talent. Says Valerie J. Camara, Merck Patent Counsel and representative to the company's Diversity Worldwide Business Strategy Team, "In the type of business we're in, innovation is key, and having a diverse talent pool can give us a competitive edge."13 Likewise, Microsoft Corporation, recognized as one of the most global companies in the United States, concentrates heavily on diversity. Senior vice president, general counsel and corporate secretary, Bradford L. Smith, says, "If your customers are global, you can't understand them unless you are as diverse as they are. Our business imperative is to have diversity inside the company that is comparable to U.S. diversity."14
As corporate legal departments throughout the country have become more focused on diversity internally, they are also beginning to demand diversity in the outside law firms
they hire. For instance, in 1995, American Airlines instituted a Minority Counsel Program, which was designed to increase minority participation on work staffed by outside law firms.15 Microsoft also works to ensure that law firms staff assignments with a diverse group of people and considers the firms it hires on three different levels of diversity.16 First, Microsoft tries to identify women and minority law firms with which it can do business; second Microsoft works with minority partners in otherwise majority-partner law firms; and third, Microsoft shares information with firms and helps them to increase their diversity efforts.17 The Boeing Company takes an even tougher approach. Says, Douglas G. Bain, Senior Vice President and General Counsel, "Many companies ask outside law firms about diversity, but we're going to ask them for data. We'll ask them to back it up, and move our work if they don't comply."18 To put into perspective the economic benefits of diversity to law firms, the Philip Morris family of companies alone purchased over $1.3 billion of legal work from minority and women-owned firms in 2001.19
In light of this environment, most national law firms now understand that achieving internal diversity is critical in order to remain competitive. This shift in thinking has
caused many law firms to emphasize diversity within their own organizations. These firms realize that as clients become more diverse and as more clients demand diversity in outside
counsel, those firms that are able to recruit and retain a diverse work force will have a competitive edge over those that don't. Likewise, as Utah becomes more global and as Utah law
firms seek more national and international clients, it is imperative from a business perspective that Utah firms attract and maintain a diverse work force. And as the local face of Utah
becomes more diverse along with the rest of the nation, diversity becomes even more important.
Steps to Achieve Diversity
As this new chapter in Utah's history unfolds,
it is important to note that the Bar has already made great strides in recent years. We are beginning to see more women and minorities in various areas in the Bar and on the Bench.
Moreover, the strong support of the Diversity Pledge shows that many Utah legal employers are embracing the notion that recruiting a diverse work force is good business practice and good
for the profession. However, achieving diversity will not be easy. Recognizing that barriers exist and achieving an understanding of these barriers is critical to developing a successful
diversity program.
A 2001 study conducted by the Minority Corporate Counsel Association identified the most common challenges to any diversity program. They include:
1. Little understanding between diversity and the bottom line or its connection to strategic business initiatives.
2.
Myth of the Meritocracy - a cultural bias that conceptualizes diversity at the expense of quality of legal service, instead of quality because of diversity.
3.
Revolving Door for Incoming Attorneys of Color - the diversity at the associate level is not reflected in the senior partnership or management of most firms.
4. Lack of senior partner commitment and involvement in the planning and execution of diversity initiatives.
5. Insufficient infrastructure and resources for diversity programs.
6. Attrition of women attorneys driven by lack of work/life programs.
7. Negative stereotypes and assumptions about ability and work ethic, which become self-fulfilling prophecies.
8.
Emphasis on entry-level recruitment instead of lateral hires who can provide role models and mentors for young associates.
9. Good intentions but little willingness to examine specific issues of each firm historically.
10. External consultants design and implement a training program that is not
owned or understood by the firm's senior management.20
These barriers are not insurmountable, however, as evidenced by the many successful diversity programs already in
place throughout the country. Utah law firms can learn from these examples.
First, to be effective, a diversity program should start with a well-formed plan. Many leading national
law firms have put in place committees or task forces to address issues of diversity. Focus groups and discussions are also helpful to determine goals and areas of concern. For example,
as part of a company-wide push for diversity, the Philip Morris law department implemented the Philip Morris Worldwide Law Department 2001 Diversity Action Plan.21 The plan was developed in three steps. First, the senior lawyers decided what the plan would accomplish; next they convened a group to actually develop the plan; and next they solicited input from focus groups across the company.22 Once a plan is in place, a committee can raise awareness within the firm and focus firm-wide efforts on diversity goals. To actually effect change, however, firms must promote diversity from the top. Senior partners must be committed to diversity efforts and be actively involved in the process.23 Firm-wide ownership and participation are also important to a successful diversity initiative. Therefore, resources should be allocated in a way that facilitates such involvement and ownership.24 Also critical to any diversity program is a confidential or anonymous forum to raise diversity issues. Firms that are receptive to issues raised by attorneys will be better able to change their culture and practices to further diversity efforts.25
Utah's New Chapter
The Diversity Pledge is an important first step in achieving diversity in Utah's legal profession - but it is not the only step. UMBA hopes that
it is the beginning of a long chapter in Utah's history where legal employers make it a priority to recruit, hire, retain, and promote qualified, yet ethnically diverse, attorneys of
color. As stated by Marty Barrington, associate general counsel for Philip Morris Companies, Inc., "We don't do diversity because it's a good thing to do, or even because it's the
moral thing to do, but because we want to be the best law department in the world."26 Likewise, the Diversity Pledge demonstrates the Utah legal community's commitment to be the best that it can be.
Message from the Utah Minority Bar Association:
As part of its ongoing efforts to further diversity in Utah's legal profession, UMBA will be seeking feedback on the
effectiveness of the Diversity Pledge. UMBA will be asking for input from members of the bar regarding diversity efforts within their firms and the success or failure of such efforts.
UMBA would also like to publicize successful diversity initiatives by local law firms and other legal employers. To this end, UMBA welcomes any comments, suggestions, or constructive
criticism from all members of the bar. To comment, please contact Cheryl Mori-Atkinson at mori-atkinsonc@sec.gov. For an electronic copy of the Diversity Pledge, please go to www.utahbar.org.
UMBA would like to acknowledge and express appreciation to the founding sponsors of the Diversity Pledge:
Ballard Spahr Andrews & Ingersoll, LLP
Disability Law Center
Fabian & Clendenin
Holland & Hart
Holme Roberts & Owen, LLP
J. Reuben Clark Law School, Brigham Young University
Jones Waldo Holbrook & McDonough
Manning Curtis Bradshaw & Bednar LLC
Overson & Simms
Parsons Behle & Latimer
Ray Quinney & Nebeker
University of Utah S.J. Quinney College of Law
Salt Lake City Prosecutors Office
Salt Lake County Bar
Salt Lake Legal Defenders
Snell & Wilmer LLP
Snow Christensen & Martineau
Stoel Rives, LLP
United States Attorney's Office, District of Utah
Utah Anti-Discrimination and Labor Division
Utah Attorney General's Office
Utah Federal Defenders Office
Utah Legal Services
Utah State Bar
Footnotes
1. James Podgers, Breakthrough Presidency, ABA Journal, October 2003, at 81.
2. Dennis W. Archer, A Diverse Directive: We Need More Lawyers of Color to Help Promote the
Rule of Law, ABA Journal, October 2003, at 8.
3. See Joan E. Lisante, "Selling Business on Diversity," ABA Journal eReport (October 31, 2003) http://www.abanet.org/journal/ereport/oct31diverse.html
4.
A number of founding sponsors have already committed to increase their diversity efforts and have signed on to the Diversity Pledge. UMBA welcomes and encourages all Utah legal employers to join this initiative by committing to diversity and signing on to the Diversity Pledge.
5.
Utah's Diversity Pledge is based largely on The Colorado Pledge to Diversity, first signed by leading law firms in Denver in 1993. The original document, signed by 23 firms, acted as a call to action to create a law firm working environment conducive to hiring and retaining attorneys of color. Since 1993, Colorado's Diversity Pledge has been updated to reflect a commitment by each of the participating law firms to take a more active role in increasing diversity. Similar diversity pledges have been implemented in a number of legal communities throughout the country.
6. See Pamela S. Perlich, Utah Minorities: The Story Told by 150 Years of Census Data (October 2002) http://www.business.utah.edu/bebr/onlinepublications/ Utah_Minorities.pdf.
7. See id.
8. Archer, supra.
9. See Alea J. Mitchell, Making Diversity Work! American Airlines, Diversity & The Bar,
September/October 2003. This article and all other articles cited from Diversity & The Bar can be located at the Minority Corporate Counsel Association's website at www.mcca.com. The
website also contains a wealth of useful information regarding diversity and best practices for achieving diversity.
10. Id.
11. T. Sumner Robinson, Global
Companies, Global Commitments: Counsel at Merck, Microsoft and Boeing Approach Diversity With Similar Passion, Diversity & The Bar, May/June 2003.
12. Id.
13. Id.
14. Id.
15. See A. Mitchell, supra.
16. See Robinson, supra.
17. See id.
18. See id.
19. Hope E. Ferguson, Diversity Efforts Provide Competitive Edge to Philip Morris Companies, Inc., Diversity & The Bar, December 2001.
20. Scott Mitchell, MCAA Presents Its Recent Research Findings: Law Firm Diversity, Diversity & The Bar, December 2001.
21. See Ferguson, supra.
22. See id.
23. See id.; see also S. Mitchell, supra.
24. See S. Mitchell, supra.
25. See id.
26. Ferguson, supra.
27. Attorneys of color include Hispanic, Asian American, African American, Native American and/or Pacific Islanders.
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