There has been a spotlight on diversity and inclusion efforts in the legal profession over the last several years. Clients are requiring that law firms make a concerted effort to have the racial demographics of their attorneys more closely reflect the country’s population. The biggest impediment to achieving true diversity, though, does not lie in a failure to recruit diverse attorneys. The failure is in retaining diverse attorneys. And the biggest impediment to retaining diverse attorneys is inclusion.
More often than not, attorneys, regardless of race, leave law firms because of culture, not because of workload or compensation. Therefore, firms must learn how to emphasize true inclusion to have a long-term impact on their diversity profile.
Thankfully, I am currently at a firm that has led by example — a firm that has solicited and incorporated my input, has made space for large events in my personal life, has supported me in the face of microaggressions from opposing counsel, and has made me feel valued as a person, not just an employee.
My Experience
I, like many of us, often struggle with imposter syndrome. Imposter syndrome is feeling as though you aren’t good enough or don’t deserve your position. It affects people in all walks of life, but it affects people of color disproportionately. And while it may seem like a simple lack of confidence at a surface level, imposter syndrome, at least for people of color, is often externally inflicted.
It is microaggressions that spur imposter syndrome and cause it to fester. These microaggressions remind you that you do not belong. For me, the microaggressions started with my law school peers making statements about my hair and clothes. Law firm dinners and cocktail parties during recruitment season brought more of the same. More reminders that I wasn’t a third-generation lawyer; I had never belonged to a country club; I didn’t know any John Mellencamp songs; and, I just didn’t “fit” the culture. I quickly realized that many firms were going through the motions to paper their diversity efforts, but if you didn’t fit the “good ol’ boy” bill, then you need not apply.
I thought that once I graduated, passed the bar and started at a firm, I would feel as though I had proven myself and “earned” my spot. Of course, I was wrong. The law school culture that made me feel inadequate is the pipeline for the many law firm cultures that remind us that we just don’t belong.
The Problem
The inclusion part of “diversity and inclusion” has become synonymous with assimilation. When firms reiterate that they want attorneys who “fit” their culture, the message is that they want attorneys who can assimilate into their archetype. They are communicating that they do not want attorneys who can positively expand or alter their culture. But merely inviting a minority culture to adopt the majority does not result in growth or retention. Sure, an annual golf retreat or hunting trip is great for those who grew up enjoying those activities. But let’s not ignore the fact that there are other — more inclusive — marketing and teambuilding activities for attorneys who did not have the means or the opportunity to participate in those activities. Inclusion is not assimilation. Including diverse attorneys in firm culture means the firm’s culture should include diverse cultures. Including diverse attorneys means accepting and supporting their hobbies, hairstyles, headdresses, music, food, interests and values.
The Solution
It is time for traditional firms to reflect on their culture — not on their website’s tagline or their elevator pitch to clients — but their authentic in-office culture. Consider whether the firm has acknowledged Black History, Hispanic Heritage, Asian American and Pacific Islander Heritage, Native American Heritage or LGBTQ+ Pride Months. During these months, at a minimum, firms should foster open, honest discussions about the experiences of their diverse attorneys and the ways in which they can be supported. Most firms are closed on Christmas, but do attorneys feel comfortable taking time for other religious holidays or even daily prayer? Invite and adopt their recommendations on recruitment, team building and marketing activities. Consider an anonymous suggestion box and implicit bias training.
The bottom line is this: A firm’s culture should constantly evolve to include the ideas and interests of its attorneys. When diverse attorneys feel seen, accepted and integrated into the firm, only then is there true diversity and inclusion. Only then, will diverse attorneys stay.
Mariah Berry is an attorney at Muskat, Mahony & Devine, LLP, a management-side labor and employment law firm in Houston. More information about Mariah, including contact information, can be found at www.m2dlaw.com.