July 2000

Failure to Thrive

by Jan Michels
WSBA Executive Director
janm@wsba.org

The Board has adopted Strategic Goal No. 10: To promote diversity and equality in the courts, legal profession and the Bar. The goal is not just to be politically correct. At the Loren Miller Bar Association’s "Stand Up and Be Counted" annual award dinner, keynoter King County Executive Ron Sims captured the essence of the goal as "halls of justice which reflect the diversity in the streets."

Take a picture of the composition of many law schools in the mid-1990s and you’ll see over 40 percent women and over 25 percent persons of color. To everyone’s credit and benefit, there is evidence that at the entry level to firms this percentage holds. But an ABA Women’s Commission study found that five years later, the ratio for women and persons of color in law firms has fallen to 15 percent women and three percent persons of color.

Why do non-majorities leave law firms? What’s wrong here? In a King County Bar Association/Washington Women Lawyers/Washington Women Defenders-sponsored CLE panel about this phenomenon, we heard studies, anecdotes and personal stories about what it’s like to be "different." It seems politically correct to quip, "skin color doesn’t matter," or "women are welcome here," or "this firm has a policy against all forms of discrimination." While these are probably true beliefs and statements, the lack of prejudice or discrimination is not enough to assure diversity in the workplace. Prima facie evidence is that most non-majority persons do not thrive in law firm culture and leave in disproportionate numbers.

If you have any characteristics which make you a non-majority in a particular setting, you know the special effort it takes to stay there, to interact, to participate and to feel "part of" the gathering. Law firms that aim beyond the elimination of prejudice must consider what it takes for non-majorities (whether gender, color, physical disability) to thrive.

What are those who are leaving saying?

• "The constant fighting for legitimacy wears me down; I want to be around people like me."

• "Women in my firm seem to get stuck in certain ruts and can’t cross to others (i.e., glass walls)."

• "People who are non-majorities have special pressures and expectations; why should I put myself through it for a firm."

• "While active racism and sexism may be isolated, the constant innuendo, insinuation and subtle exclusion remain rampant."

• "The firm doesn’t really support me; I’m there for the numbers and for show. This is a painful reminder that it is still hard to be ‘different’!"

1. Flexibility/tolerance/familiarity

Now that work can be done anywhere, results are more important than raw hours, and clients of diversity expect the same flexibility and diversity of their legal partners. The incentive should be to understand and support the culture and life experiences of women and lawyers of color, and accommodate their needs and requests. Take the time to understand their experience.

2. Self-assessing and internal reporting

What is counted and measured cements values and goals. Thus, misrepresenting the number and status of women and minorities in the firm undercuts the value, and does not teach the firm what it needs to know. It hides the true fact that firms and the profession may not really be achieving diversity goals.

3. Teaching and training

Working to change the culture should be the goal. Many women and minorities were not taught marketing rainmaking and/or firm "politics." These are skills that can and need to be taught so everyone can thrive equally.

Progress in reaching the goal of diversity must start with a willingness to know where we are doing well, breaking the glass ceiling of entering law practice and determining where we need to go, and helping women and minorities thrive in the practice. Diversity in the halls of justice that matches the diversity in the streets is vital to all citizens’ trust and confidence in our justice system, and a goal worth pursuing.

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