Law Firm Diversity Worst Practices
What Not To Do when Launching a Diversity Program - Lessons Learned
Nov 18, 2008
What may have worked for one firm isn't necessarily the best approach for another. A successful initiative requires taking a closer look at what hasn't worked. Here are the top 5 worst practices.
1. Focusing too much on numbers: Diversity is about numbers but it's also about people.
Legal management professionals and partners are concerned about the next generation of lawyers and increasing their number of diverse candidates. "Why isn't my program working"? "My numbers have not improved!" The answer is twofold. It is working, but your program actually has to address the root of the issue and not just treat the symptoms of your diversity problem. There is a difference.
The affirmative action approach to diversity leads to a number of worst practices. But how is this done in a culture where numbers drive everything from the bottom line, to billable hour requirement, utilization rates, attrition rates, turnover rates, and so on.
The strong urge to superficially expand diversity recruitment and the belief that restating your business case for diversity will be convincing that it is the right thing to do, is not enough. Resistance or lack of progress in diversity efforts is based on emotions - not on lack of knowledge about the business case. This resistance must be engaged with empathy and thoughtfulness - not averted by bottom line arguments.
Measurements are an important tool and they should be utilized as such. They are indicators, not the ultimate truth, which highlight the human patterns that are interfering with the success of a diversity program paving the way for recognizing opportunities for inclusion so one can make the most of the total business potential.
2. The urge to only see the positive.
Moving to action before the current challenges or drawbacks have been understood could result in wasting valuable resources in solving the wrong problem. Partners fear that the image will get stuck in the negative; when in reality, bringing the obstacles fully to the surface will move your firm forward towards addressing the real issues.
The good news is that drawbacks and resistance are the facilitators for true change. Feeling the pain of resistance and the perception of failure is a step in the right direction.
Inviting the black female associate to "sit at the client table" because she happens to be the only black female attorney in the office undermines efforts and will only give the appearance of true commitment. Over time, the workforce will become discouraged that significant time and energy is not resulting in changes in their day-to-day experience. Diversity and inclusion efforts must become part of the business strategy and vision. Be proactive not reactive.
3. Creating a false sense of commitment.
If the firm only invites the black female associate to "sit at the client table" because she happens to be the only black female attorney in the office, diversity efforts are meaningless and will only give the appearance of true commitment. Over time, the workforce will become discouraged that significant time and energy is not resulting in changes in their day-to-day experience. Diversity and inclusion efforts must become part of the business strategy and vision. Be proactive not reactive.
4. The assumption that one-time awareness training will create an inclusive work environment.
Awareness training is an important first step in shifting perceptions and addressing assumptions. Like learning a new language, it takes more than one lesson and continuously needs to be reinforced and include specific goals, behavior skills training and accountability.
Most importantly, train partners on how to represent the firm properly from a recruiting perspective. With the economy slow, it's a good time to organize a few refreshers on how to sell the firm to multicultural talent. A diversity cheat sheet will no longer suffice! The new generation of multicultural talent is more sophisticated and well versed in diversity related issues and can differentiate true commitment from propaganda.
5. Lack of Communication.This is one of the main issues of dispute and low morale in any organization. Encourage and support discussion between attorneys and their practice leaders on a range of issues that are relevant to making the programs work. An open and honest dialogue will get it all out on the table and show whether the practice group is committed to supporting diversity related programs or not.
A diversity program should inspire everyone in the firm to question old assumptions. This requires individuals to take a hard look at very personal issues, and demands reflective change throughout the firm.
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