Diversity

The good folks over at Building A Better Legal Profession — a national grassroots movement that we’ve written about before, which seeks market-based workplace reforms in large private law firms — have updated their online directory and rankings of law firms with new information for 2011. The updated rankings shed light on which top law firms are excelling in such areas as diversity and pro bono work, and which ones still have some work to do.

Let’s look at some highlights from the new data, on such subjects as diversity, partnership, and associate attrition….

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Talk to almost any black woman and ask her what kind of discrimination she runs up against the most: prejudice against minorities, or prejudice against women? She will probably say, “Gender discrimination, you stupid, stupid man.” I imagine you’d get a similar answer from non-black female minorities as well.

You’ll see a lot of crap if you are a minority male trying to excel professionally in this country. But a lot of it is subtle. When society craps all over women, there is no subtlety. “Show me your birth certificate.” > “Show me your [breasts].”

A new study from Corporate Counsel Women of Color (CCWC), which we mentioned in Morning Docket, confirms what would be obvious to any man married to a woman of color (indicating). What’s slightly more surprising is that things are marginally better for minority women lawyers when they are in-house as opposed to when they’re working at a private law firm.

Actually, when you think about it, of course the in-house environment provides slightly fewer obstacles to minority females….

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Ed. note: This is the latest installment of Inside Straight, Above the Law’s column for in-house counsel, written by Mark Herrmann.

Diversity matters. It matters for reasons of social justice. It matters because folks are tracking it, and it can be important to look good on those scales. It matters for reasons of trial strategy, because our defense team should look at least slightly like our jurors. In particular types of cases, diversity may be a terribly important consideration. Employers may, for example, want an African-American to defend a race discrimination case. (Or, in my old product liability life, we may have wanted women to defend breast implant or hormone replacement therapy cases. Or we may have looked for female expert witnesses for those cases. Pandering, thy name is litigator!)

Law firms know this, and those that are able now stress their commitment to diversity. Which brings me to today’s story.

A female colleague and I recently had lunch with folks from a firm that was looking for our business. (You’d be surprised how good I’m getting at those lunches. Whether or not I remember your name the next day is another matter, but I’m becoming a pro at eating.)

The outside lawyers pitched the diversity point fairly aggressively, telling us about their many highly compensated female partners and paying particular attention to my colleague when they did so.

When we left the lunch, my colleague said, “Well, that’s exactly the wrong way to sell diversity.”

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For all you know, everybody in this picture hates each other and are about to engage in gladiatorial combat.

We all know how important the U.S. News Law School Rankings are to our system of legal education. The jobs of law school deans depend on the rankings, and they therefore significantly impact what law schools are willing or able to do. It’s crazy that a for profit magazine has so much power over the future of legal education, but that power is well established and undeniable.

Given the importance of U.S. News, I understand why diversity proponents want the publication to start counting “diversity” as a data point when compiling the annual rankings. If you want law school deans to pay attention to something, you have to use small words and speak in the language of U.S. News. If the magazine started caring about law school diversity today, law schools would really start caring tomorrow.

But that doesn’t mean including a “diversity” component in the rankings would be a good idea. That’s just a half measure (and a confusing one to boot) that doesn’t get the heart of any kind of real problem…

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Non-Sequiturs: 12.20.10

David Kelly: Katten associate and acclaimed hip-hop artist.

* Looking for a last-minute gift idea for the civil-liberties-loving lawyer in your life? Kash recommends this underwear. [Forbes]

* Actress Zooey Deschanel is suing footwear maker Steve Madden. Does her lawsuit have legs? [Fashionista]

* Law professors might not excel at practicing law, but “they often are pretty good at the enterprise of being a law professor.” [Underbelly]

* What’s law firm diversity like over in London? Lawyers who are “BME” — “black and ethnic minority” — are growing in number at City law firms. [The Guardian (U.K.)]

* Career alternatives: hip-hop artist? By day, he’s David J. Kelly of Katten Muchin Rosenman; by night, he’s “Cap D.” [WSJ Law Blog]

* Plaintiffs’ firms make new partners too. [Motley Rice (press release)]

* Don’t forget: get your holiday card contest entries in by 11:59 PM today! [Above the Law]

There are two ways to make diversity mean something to Biglaw partners. The first involves clients caring about whether or not their legal counsel has made a commitment to diversity. The second involves incoming and lateral talent caring about whether or not they go to a diverse workplace.

But for people to make informed decisions about these issues, they need hard numbers.

Thankfully, we’ve got some hard numbers. Thanks to the hard work of the people at NALP and at Building a Better Legal Profession (BBLP), we’ve got some statistics showing that diversity is taking a hit, thanks to recession — but the pain isn’t being spread to all firms evenly.

This is news you can use, especially if you’re considering going to a handful of firms that we’re about to mention….

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