Job Searches, Minority Issues, Small Law Firms

Back In The Race: Law Firms Privately Do Not Care About Hiring A Diverse Workforce

Why don't law firms care more about diversity?

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resume girlWhenever I apply for a job at a major company, their job application website states that the company is an equal opportunity employer. And for those who want to learn more, they provide a link to their equal opportunity policy statement. Most of these policy statements sound the same and at times use very technical terms. This leads me to believe that these policy statements are there for legal reasons. I also find it amusing when they ask for your ethnic background for “statistical purposes.” I’m sure that’s the reason.

Over the years, there have been calls by thought leaders to increase diversity in the workforce. While businesses tried and succeeded on various levels to improve the numbers of minorities on their payroll, the legal sector has been slow and reluctant to do so. As noted by Renwei Chung, Above the Law’s diversity columnist, law firms are perceived to have the lowest commitment to diversity when it comes to hiring and retention.

I think law firms genuinely like diversity, but they will not go out of their way to recruit minorities who do not fit the “top school, top grades” mold. Law firms say they believe in diversity, but they rarely follow through on trying to increase minority hiring. Of course, they won’t mention this publicly unless they are ready to face the wrath of Elie Mystal.

Before I continue, I want to make one thing clear: I believe diversity in the workplace is overall a good thing. I have many friends who are minorities and…. oh, never mind. Look, if reading these typical obligatory, usually insincere CYA statements make you nauseous, the feeling is mutual when I write them. So can I skip it? Thanks.

Supporters say that greater diversity in the workforce makes good business sense. Reasons include: adapting to our changing nation to be competitive in the economic market, fostering a more creative and innovative workforce, and driving economic growth by capturing a greater share of the consumer market. I personally am not convinced because most of the above sounds like speculative, feel-good hippie talk. While there might be a few anecdotal stories of diversity initiatives improving revenues, I’m willing to bet there are just as many stories of diversity attempts failing due to incompetent management, favoritism of one group over another, and irreconcilable cultural misunderstandings that have decreased morale and productivity. But we don’t hear too much about these counter-narratives because the authors are obviously racist.

Supporters also claim that major companies are increasing their diversity efforts so law firms should follow suit. First, it makes sense for companies in other industries to diversify their workforce (particularly in sales) in order to reach out to a new consumer market. Second, they don’t want Al Sharpton and his followers calling the company racist and later staging an activist protest. Finally, some major companies advocate for diversity in the workforce because what they really want to do is to hire foreigners. They are not interested in the spoiled, pampered, second-generation children of immigrants born and raised in the United States. Many foreign workers are coming from countries with vastly lower standards of living. They will gladly take the $30,000 per year, 60-hour-a-week job while living in a 300-square-foot studio with two roommates. Right now, at least in solo and small law, foreign outsourcing is not been cost-effective (at least not yet).

The reason why law firms don’t care too much about diversity is that most of their clients don’t care either. We’re not selling frozen pizza or dog walking services. Legal fights are serious business with money, family, livelihoods, honor, and even lives on the line. Because of the high stakes involved, a potential client is not going to be particularly interested in a law firm’s minority recruitment policies. I should also mention that I have run into potential clients who do not want a minority attorney representing them, even if it’s one of their own, because they believe the stereotypes too.

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Law firms do not place a priority on diversity because it may create conflicts. Some have told me that they do not want to hire someone who will later force other employees to respect their cultural beliefs. They do not want an employee who will put up controversial photos in their office that can alienate clients. And they definitely do not want to hire an employee who will file a racial discrimination lawsuit if he were to get fired.

Diversity can be useful in certain situations. For example, having a minority lawyer in your arsenal can provide balance in a racially charged case. Christopher Darden’s presence as the black prosecutor in the O.J. Simpson murder trial showed that there were some black people who believed Simpson is guilty, and there is nothing wrong with that.

So is there a solution? How can law firms be incentivized to hire a diverse staff? I see two possible ways. The first is to force them to do it through legislation or other forms of pressure. The second is to tell marginalized minority groups to suck it up and work harder in order to meet (although more like substantially exceed) the employers’ requirements for the job.

In the final analysis, clients hire attorneys because they want a problem solved in their favor. Clients are not going to choose a lawyer for the sake of being progressive or to remedy past discrimination or injustice. While law firms might talk big about diversity, they will ultimately choose their employees not based on the color of their skin, but by the content of their law school transcripts.

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Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at [email protected] and via Twitter: @ShanonAchimalbe.

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