Intersection. Inclusion. Illusion

• Author: Liane Jackson
• Pages: 9-10

edited by

LIANE JACKSON

liane.jackson@americanbar.org

Inter Alia

Intersection is a col-

umn that explores

issues of race, gen-

der and law across

America’s criminal

and social justice

landscape.

Diversity prop” was how

attorney Sharika Robinson

summarized her experience

at North Carolina-based

Robinson, Bradshaw & Hinson in

the race and gender discrimination

complaint she  led against the  rm.

Robinson, an African American former

associate, accused the  rm of being a

“good ol’ boys club” that tried to proj-

ect an image as a diversity “trailblazer”

to clients while marginalizing women

and lawyers of color.

In a statement, Robinson, Bradshaw

& Hinson denied Robinson’s claims

and af rmed its commitment to diver-

sity and inclusion. Sharika Robinson

reached a con dential settlement with

the  rm in July.

But Robinson’s complaints could

have come from almost any attorney

of color working at just about any law

 rm or corporation in America. Instead

of feeling like valued employees, women

and lawyers of color often feel like

“diversity props” or window dress-

ing—tokens of diversity but without the

inclusion. It’s one thing to be featured

at recruitment events and in marketing

glossies; it’s another to be introduced

to a valued client and given substan-

tive work that will

propel your career.

Many minori-

ties and women

working in law

understand their

situational relevance

and describe feelings

of being systemi-

cally overlooked by

colleagues, partners

and managers—

whether through

benign neglect or

intentional avoid-

ance.

Perhaps scarci-

ty breeds neglect.

The National

Association for Law

Placement’s 2018 Report on Diversity

shows minority women continue to be

the most drastically underrepresented

in U.S. law  rms, particularly at the

partnership level. Another disheartening

stat: Eighty- ve percent of women of

color leave BigLaw within seven years.

And despite fractional increases in

recent years, representation of black as-

sociates at  rms remains below pre-re-

cession levels.

As law  rms struggle to  nd ways to

not just recruit diverse attorneys but to

retain them, Sheppard Mullin Richter

& Hampton partner David Douglass

makes the case that promoting diversity

should be codi ed in the ABA Model

Rules as an ethics obligation for lawyers

and law  rms, arguing that “every law-

yer has a professional duty to undertake

af rmative steps to remedy de facto and

de jure discrimination, eliminate bias,

and promote equality, diversity and

inclusion in the legal profession.” (See

“Just Actions, Not Just Words,” page

30.)

In an upcoming report, the ABA

Commission on Women in the Profes-

sion will release research on long-term

careers for women of color in the law.

Not surprisingly, one  nding of the

study is that minority women who have

stayed in the profession for 15 years or

more face challenges that include being

perceived as less competent, having

less access to prime work assignments,

lacking mentors and sponsors, and pay

inequity, says study co-chair Paulette

Brown, the  rst African American

female president of the ABA.

“Many  rms struggle with retention,

particularly women of color,” notes

Brown, senior partner and chief diversi-

ty and inclusion of cer at Locke Lord.

But she sees a future where  rms are

more incentivized to tackle diversity is-

sues. “I think it is dif cult to be compla-

cent, and that dif culty will increase as

more women of color move to in-house

positions. And it’s not just limited to

women of color. There are others who

are very interested in providing more

opportunities to diverse attorneys.”

Clients demanding diversity

Over the years, general counsel have

demanded more accountability from

 rms to promote diversity. In 2017,

HP instituted a diversity holdback that

allows the company to withhold up to

10% of billed invoices from law  rms

that don’t meet or exceed minimum

Photo by Callie Lipkin/ABA Journal; Courtesy of ABA Media Relations

INTERSECTION

Inclusion

Illusion

BY LIANE JACKSON

“I think it is

di cult to be

complacent,

and that

di culty will

increase as

more women

of color move

to in-house

positions.”

—Paulette

Brown

“

ABA JOURNAL | WINTER 2019-2020

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