Practical Tips for Successful Diversity, Equity & Inclusion Programs in Law Firms

Society has been talking about diversity in academia and the workplace for decades. The focus in recent years has evolved to incorporate equity, inclusion, and now belonging. To learn about the latest diversity, equity, and inclusion (DE&I) trends in law firms, World Law Group held a discussion at one of its recent Responsible Business Forum meetings. Led by moderator and forum chair Janet Pahima of Herzog, Fox & Neeman (Israel), the conversation touched on metrics, resources, recruitment, retention, challenges, and success stories. Contributing panelists included Kim Hulsey, Chief Diversity Officer at Locke Lord LLP (Massachusetts, USA), and Priya Vivian, Co-Chair of the Labor, Employment, and Benefits team and Diversity Committee Co-chair at Lane Powell PC (Washington State, USA).

Learning the ABCs of DE&I

First, the session defined the "D," the "E," the "I"...and added a "B."

• Diversity is everything that makes us different, whether it be gender, race, sexual orientation, age, religion, ability, socioeconomic status, or another category.
• Equity is ensuring that all individuals within an organization have the same opportunities while striving to identify and eliminate barriers preventing full participation by some.
• Inclusion is creating an environment where people feel welcome, valued, and supported as themselves.
• Belonging is the emotional outcome of inclusion, a feeling of comfort and acceptance among employees in the workplace.

Tracking DE&I Progress

When it comes to using metrics to track progress, Hulsey says firms should first look at their recruiting and attrition—essentially "who they have in the building" and are those" in the building" staying or leaving. For firms looking to expand the diversity of new hires, they will want to revisit the schools from which new hires are coming, the recruiting sources that help find diverse candidates, the locations where open opportunities are posted, and how new individuals progress post-hire. When analyzing attrition, look for trends in when diverse employees leave, why they leave, and where they go.

Vivian cautions that firms should "go eyes-wide-open into collecting metrics" related to DE&I and consider whether the information could or should be confidential or even privileged. Data disclosure should be voluntary. Firms should be transparent about their initiatives, follow privacy regulations, and limit who has access to the information to a need-to-know basis.

What are the pitfalls? There are always pitfalls…

"The best intentions don't always have the best impact," Vivian cautions. Firms shouldn't get caught focusing too much on diversity and not enough on equity, inclusion, and belonging. If you have a diverse workforce that isn't set up for success, you won't reach your goals.

Hulsey suggests that firms should keep their eye on the "why" and ensure that messaging and actions that impart the value of diversity are consistent across firm leadership of all levels. Is diversity, equity, inclusion, and belonging a core part of your firm's mission because regulators expect it, because it is among the firm's core values, because clients demand it, and/or because you need credibility in your diverse community? Whatever the why, diversity should be tied to the firm's mission and part of its strategy. When it is, according to Hulsey, it "will inform what you do, what you prioritize, and how you do it."

Vivian concurs. She says leaders should be empowered to promote the firm's goals related to inclusion and belonging and they should be given the tools to make change happen. Offer billable hour credits for DE&I activities. Give your leader ideas, not just mandates.

When you focus intently on certain groups of individuals, it can be natural for other groups to feel left out. It is important to keep DE&I a regular part of the conversation. According to Vivian, siloing the issue can contribute to "diversity fatigue," making those from over-represented groups feel like "others," and giving the appearance that the initiative is a destination and not a journey.

Additionally, those from diverse backgrounds can often feel that it falls to them to represent the firm on diversity issues; this is known as the "diversity tax." Hulsey says that everyone at the firm should own the firm's diversity goals and participate in addressing them.

Tips for Implementing Change

Statistics show that diverse organizations tend to perform better financially. Diverse teams test each other's ideas, they don't share the same assumptions, and they cover each other's gaps, all of which lead to a better product. Vivian says there is "a bottom line benefit to diversity." Hulsey goes back to the "why." If a firm is promoting diversity to enhance credibility with clients and customers, fatigue becomes a non-issue. If "super serving" customers and clients is primary and diversity is an important metric to that customer or client, then a firm will do what is necessary to reflect that metric. "Until the community is well-reflected in your workforce, initiatives, and priorities, there will always be work to do." She says diversity is a dynamic, ongoing commitment.

When it comes to recruiting, make sure job descriptions are intentional and have your "why" embedded in them. The most qualified person should always get the job; however, firms can develop strong pipelines with schools and organizations that promote diversity and will be able to attract capable and diverse candidates to them.

Success Stories

Pahima asked each panelist to describe a specific example demonstrating the success of their firm's programs.

Vivian shared that Lane Powell offers training, DEI hours, and billable-hour credit for shadowing senior lawyers to support all attorneys, even those that may be first-generation attorneys or first-generation corporate Americans.

Locke Lord held a two-day offsite diversity retreat for lawyers with various diversity dimensions. Attendees left feeling heard, seen, and valued. When there are not others like you in your office or practice area, it can feel like you're alone. The retreat connected these people and reminded them that there are others like them at the firm. Hulsey said the event was more successful than the firm anticipated, and it plans to host a similar event again in the future.

Developments on the Horizon

Hulsey sees two tools becoming increasingly popular: "stay interviews" and coaching. Gaining information—in real time—from diverse attorneys about their experiences at the firm through a "stay interview" is a valuable source of feedback specific to your firm's efforts, programs, and culture.

Secondly, people from diverse backgrounds may need help learning and navigating the unwritten rules of law firms, as Vivian previously noted. Firms need programs that support strong lawyers who need coaching on this type of knowledge and soft skills.

Vivian hopes to see DE&I become the fabric of organizations where all feel the benefit. As diversity programs have been in place for a while now, she expects to see more diversity among future leaders. She encourages firms to mitigate risk through proper planning, deliberation, and an understanding of relevant HR laws at the outset of program development.

To sum it up

According to Hulsey, it's important to know that "having diversity doesn't mean people will feel comfortable coming to work." Celebrating diversity means appreciating the different perspectives that people bring to the table and how the richness of that variety of perspectives helps solve problems for the organization and its clients. When employees don't feel they can be themselves, they're not bringing their best work and ideas to the table. Vivian says firms should see diversity as a tool through which "a rising tide lifts all boats."

With a well-thought-out plan that is embedded in a firm's strategy, a DE&I program can positively affect the firm's ability to attract and service clients, maintain a diverse pool of talent, and maintain an inclusive firm culture.

How to learn more

Recommended DE&I resources:

• Association of Law Firm Diversity Professionals
• Society for Human Resource Management
• How to Be an Inclusive Leader by Jennifer Brown
• DEI Deconstructed by Lily Zheng

by Beth Castro, World Law Group