LGBTQ In Biglaw: Advice For Law Firms And For Job Seekers

Two weeks ago, the American Lawyer reported that Goodwin Procter promoted Biglaw’s first openly transgender partner, Blake Liggio.[1] The story was inspiring, and highlighted in detail how the firm supported Blake’s transition. In my estimation, both Blake and Goodwin deserve major congratulations for sharing this story. Biglaw firms can learn from this experience, as the handling of LGBTQ issues should be a focus in their recruiting efforts, both on-campus and through lateral hiring. Can law firms improve here? I believe so – let’s examine how.

2017 Best Law Firms for LGBTQ Individuals

Many law firms have put diversity and inclusion at the top of their agenda for 2017.

Attracting a diverse talent pool is important for law firms, as a diverse roster of attorneys better serves clients by providing a wide range of backgrounds, ideas and beliefs.

It is no secret that some law firms are better at attracting LGBTQ candidates than others. Due to the emphasis law firms have put on creating a diverse environment, Vault has created a special set of rankings. Vault’s “diversity rankings are based on each firm’s associates’ rankings of how the firm does at creating, maintaining, and fostering a diverse workforce. [Their] diversity rankings include separate categories for diversity as it relates to minorities, women, LGBT individuals, individuals with disabilities, and military veterans. To determine our Best 25 Law Firms for Diversity, [Vault] used a formula that weighs the five categories evenly for an overall diversity ranking.” [2]

The top five firms for LGTBQ attorneys according to the Vault rankings are as follows:

1. Ropes and Gray LLP[3]
2. Jenner & Block LLP[4]
3. Orrick, Herrington & Sutcliffe LLP[5]
4. O’Melveny & Myers LLP[6]
5. Fried, Frank, Harris, Shriver & Jacobson LLP[7]

What Can a Law Firm Do to Attract LGBTQ Candidates?

There are certain indicators an attorney can look for to determine if a firm is proactive in promoting an inclusive LGBTQ environment. The National Association for Law Placement (“NALP”) has outlined a number of strategies for law firms in the recruitment and retention of LGBTQ attorneys. Here are a few things a firm can do and that candidates should look for: [8]

• Is the firm a member of the National Lesbian and Gay Law Association and/or affiliate organizations?
• Does the firm engage in and openly publish information relating to pro bono work and services for the LGBT community?
• Does the firm include LGBT lawyers, or lawyers sensitive to issues facing LGBT lawyers, on hiring committees and in all aspects of the hiring process to promote a more sensitive and fair process?
• Does the firm highlight the issues on their firm website, including Equal Employment Opportunity policies, domestic partner benefit policies, and employee resource group (affinity group) information?
• How does the firm celebrate Pride Month?

LGBTQ Attorneys in Biglaw

According to NALP statistics, “the overall percentage of openly lesbian, gay, bisexual, and transgender lawyers reported in the NALP Directory of Legal Employers (NDLE) in 2016 increased by a small amount to 2.48% compared with 2.34% in 2015.”[9] The following chart, from the NALP Diversity Directory, provides a good metric for the number of LGBTQ attorneys practicing in Biglaw (click to enlarge):

Law Firms Lead the Pack

There has been a rise of reported LGBTQ lawyers practicing in Biglaw, and if the NALP data from the last ten years is any indication, this trend will continue. Despite the increase, Biglaw is not perfect – more can be done.

The legal industry has been well recognized as one of the best professions for LGBTQ individuals. According to the Corporate Equality Index (CEI) from the Human Rights Campaign (HRC), of the 200 largest law firms (by revenue), 112 firms compiled a perfect score.[10] A score is based on a web-based survey sent from the HRC, who gathers information and data on employers’ business practices as it relates to LGBTQ issues. According to the HRC:

A team of researchers investigates and cross-checks the policies and practices of the rated businesses and the implications of those policies and practices for LGBT workers, including any connections with organizations that engage in anti-LGBT activities. Employers are not rated until all appropriate information has been gathered and verified to the extent possible.

[11]

Banking and Financial Services came in second with 69 perfect scores, followed by the Retail and Consumer Products industry, with 38 companies compiling a perfect score.

Recommendations For Candidates

Although the legal profession leads the pack, it is still not perfect in this regard – there is often room for improvement. Here are a few things that firms can do to meet a candidate’s needs.

• Ask the firm to provide mentors to LGBTQ attorneys.
• Ask the firm to provide more firm-wide training and education on the issues affecting LGBTQ attorneys.
• Ensure that firms are using correct terminology, which promotes a more inclusive environment, on all firm-wide publications.

For LGBTQ candidates interested in making a lateral move, ensure that the firm you select is supportive in meeting your needs. Selecting a culture of acceptance and inclusion will be instrumental in your success as an attorney.

Ask Questions During the Recruitment Process

A firm’s policy on discrimination based on sexual orientation and gender identity can be the single most important issue facing an LGBTQ candidate. It is important to ask the tough questions in an interview and gather as much insight as possible when choosing a firm.

Laterals are encouraged to ask the tough questions about diversity and inclusion in the interview process. Firms should ensure their interviewers are well versed in all issues that may be vital to the candidate. Passing off questions about diversity to other partners or committees illustrates a lack of commitment to the issue.

Resources for LGBTQ Lawyers

There are a number of organizations and events catered to LGBTQ lawyers. Listed below are some of my recommendations:

• National Lesbian and Gay Law Association: The LGBT Bar hosts an annual conference. This year it’s being held on August 2-4, 2017, in San Francisco. .[12] Both law students and lawyers are encouraged to attend.
• Many state and city bar associations have local LGBTQ committees. For instance, in NYC there is the LGBT Bar Association of Greater New York. I suggest checking with your local bar association to see if there is an LGBT committee in your area.
• NALP has an LGBT Section and is active in promoting topics of nondiscriminatory hiring and retention of LGBTQ lawyers at their annual NALP Conference.

Every LGBTQ attorney should feel safe and fully integrated in their firm. I highly recommend joining a committee or an organizing with other LGBTQ attorneys and allies. When choosing a firm, it might be helpful to seek guidance from a recruiter who knows what questions to ask and has the inside scoop on firms relating to LGBTQ issues. No firm is perfect, so be sure to use all resources available to you to make an informed decision.

[1] http://www.americanlawyer.com/id=1202777796754/New-Goodwin-Procter-Partner-a-Transgender-Trailblazer-in-Big-Law

[2] http://www.vault.com/company-rankings/law/best-law-firms-for-diversity/?sRankID=38

[3] https://www.ropesgray.com/firm/diversity/Lesbian-Gay-Bisexual-Transgender-Attorneys.aspx

[4] https://jenner.com/about/lgbt

[5] https://www.orrick.com/Community/LGBT

[6] https://www.omm.com/our-firm/diversity-and-inclusion/

[7] http://www.friedfrank.com/?pageID=342

[8] http://www.nalp.org/recruitinghiringretaininglgbtlawyers

[9] http://www.nalp.org/lgbt_lawyers

[10] http://www.hrc.org/campaigns/corporate-equality-index. Firms were measured by their overall revenue.

[11] http://hrc-assets.s3-website-us-east-1.amazonaws.com//files/assets/resources/CEI-2017-FinalReport.pdf

[12] http://lgbtbar.org

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