Biglaw

When Biglaw's Statements On Racial Justice Ring Hollow

Biglaw needs to go beyond saying the right thing.

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Since the murder of George Floyd last month, I’ve read a lot of Biglaw statements about racial justice. And in compiling what I’m sure is a non-exhaustive list of statements, it’s clear that not every statement is a great one — or even a good one. While some have been well received, others have been criticized as shallow or even cringeworthy.

What makes a good statement from Biglaw? Well, as Lia Dorsey, newly elected President of the Association of Law Firm Diversity Professionals and Director of Diversity and Inclusion at Dentons, noted, it should come from the actual leadership from the firm since a firm’s culture, particularly as it applies to diversity issues, comes from the top down. The more successful statements were also earnest and spoke from the heart instead of being a “very special message from the firm.”

There are also some seemingly small things the convey a lot — like a firm’s unwillingness to come out and say Black Lives Matter (or even mention the names of George Floyd, Breonna Taylor, Armaud Arbery, or any other victim of racial violence). Or only using quotes from white men about the importance of racial justice (talk about centering the wrong thing). Or statements that focus on the ways everyone is diverse instead of the very specific issue at hand. Or statements that place undue focus on property damage instead of the life and death fight.

Covington’s response to the recent protests has also been publicly called out as ringing hollow compared to the experiences of lawyers at the firm. Yolanda Young, who unsuccessfully sued the firm for racial discrimination, pointed out on Twitter that the firm’s statement in the wake of the George Floyd protests was very different than what she experienced working at Covington.

Cleary’s response to the Black Lives Matter protests was criticized by its New York black associates, who sent an office-wide email in response (available here in full — and it’s absolutely something you should read). It called out the firm’s response as lackluster rhetoric that failed to provide concrete steps to directly support black associates at the firm. The associates recommended the following: acknowledge the pain of black associates, actively check-in and adjust, give grace, provide targeted mental health support, targeted pro bono efforts, effective mechanisms for addressing anti-blackness, educate, listen, and take action.

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And concrete action is definitely a good thing, like specific dollar amounts firms are donating or their pro bono hours, for example Pillsbury’s impressive commitment to donate $1 million in cash and $10 million in pro bono and volunteer work to social justice causes over the next three years. And Sidley is already doing some high-profile pro bono work on this subject.

Today is Juneteenth and a record number of Biglaw firms have declared the day a firm holiday, which is a great step in the right direction. But Above the Law is also hearing at that at a bunch of these firms, after the fanfare of the announcement, associates are being pressured by the partners they work for to not take the day off, quite literally making it a second-class holiday. It’s a poignant reminder that saying the right thing simply must be followed by doing the right thing.

headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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