For many persons of color, the American educational system presents a barrier, rather than a conduit, to the legal profession.
The Illinois State Bar Association proudly stood as a co-sponsor of the ABA resolution supporting the creation of a Diversity Pipeline to help guide young minority students to the law.
With over 70 official sponsors of the resolution, Illinois stands with 20 state bar associations and numerous county, city and specialty bars, as well as ABA sections, in support of opening doors to offer opportunities to any student who aspires to a career in the law.
Under the leadership of ISBA President Irene Bahr and President Elect Joe Bisceglia, the ISBA has pledged its support for the development of programs which encourage more minorities to traverse the educational pipeline into the legal profession.
“For those afraid to dream, we recognize that we have a duty to instill in every student the knowledge that they can consider a career in the law, ” said Irene Bahr. “Currently lawyers of color make up just over 10 percent of the legal profession and there has been little movement in that statistic over the past decade. When we talk about a diversity pipeline, we must begin with children of color in every grade level. When a parent or relative asks a child what they want to be when they grow up, children should say “a lawyer” or “a judge” and believe that this is entirely within their grasp,” Bahr continued.
“Abraham Lincoln believed in the inalienable right of any American citizen to rise to their greatest potential. The ABA, the Illinois State Bar Association, and numerous others have taken this belief to heart and are now working to improve access to the profession,” said Joseph Bisceglia. “We need to inspire our children to stay in school, graduate and know that college is a very real option. And, once those students, with their dreams intact, are admitted to law school, we need to help keep them there.”
The Report and Recommendations of the Standing Committee on Minority and Women Participation, March 9, 2007, establishes goals and recommendations for the Illinois State Bar Association.
The Standing Committee recommended establishing a Task Force on Diversity in the Profession, with the following goals:
• Establish partnerships and work cooperatively with all Illinois law-related associations to form a consensus and action plan for leveling the playing field and opening doors to the legal profession.
• Serve as a clearinghouse for quality law-related education information via the ISBA Web site and publications and notify schools, educators, and educational professionals that these resources are available free of charge.
• Advocate for appropriate funding and quality programs. Support teacher training initiatives to improve understanding of the legal profession and law-related issues.
• Devise means to evaluate the effectiveness of any actions taken under these initiatives.
• Reach out to Illinois schools, grades K-12, and appropriate Illinois communities by utilizing the State Board of Education and educational associations.
• Ensure that students with a dream to enter the legal profession have the tools to find grants, scholarships, internships, work study programs, mentors, etc. Work to provide role models and encouragement in schools through speaker programs.
Having recognized that there is a problem, we are currently working on finding the most creative, efficient and cost effective means to improve access to the legal profession for any and all students wishing to enter the profession.
The Report and Recommendations of the Standing Committee on Minority and Women Participation is available for review by contacting the Office of the Executive Director, 424 South Second Street, Springfield, Illinois 62701.
The American Bar Association’s Conference Report, is available for review at <http://www.abanet.org/op/pipelineconf/PipelinePostReport.pdf>.
As chairs of the Standing Committees on Women and the Law and Minority and Women Participation, we are pleased to share with you the diversity outreach and educational efforts that our committees have undertaken during the past year.
With ISBA President Irene Bahr’s support, the MWP Committee took the first steps toward the development of a statewide initiative to help more minority students traverse the educational pipeline into the legal profession. After researching the pipeline problem and proposals for addressing it, the MWP Committee convened a Diversity Roundtable at the ISBA’s Midyear Meeting in December to gather comments from more than 70 participants representing a wide range of constituencies throughout the state.
The MWP Committee ultimately recommended that a task force be appointed to put the Roundtable recommendations into action. President-Elect Joe Bisceglia is already taking steps to do just that.
In the meantime, both Standing Committees combined forces on a series of events during the past year to encourage women and minority attorneys to get more involved in the ISBA. The WIL Committee took the lead in coordinating two networking receptions—one following the Diversity Roundtable at the Midyear Meeting and another at Northern Illinois University in DeKalb in the spring—as well as a “Celebrating Women in the Legal Profession” luncheon in Chicago in March. Each event offered an opportunity for the ISBA leadership to invite women and minority lawyers to become more active in the ISBA, such as through membership on committees or seeking election to the Assembly, Board of Governors, or executive offices.
The MWP Committee also sponsored a continuing legal education program on diversity issues during the Midyear Meeting. The program, “Strategies for Achieving Diversity in Your Organization,” featured a distinguished panel of speakers with a number of innovative ideas on recruitment and retention. The Committee is hoping to build a repertoire of diversity education programs and invites your comments about programs you would like to see as well as topics upon which you would like to speak.
And that leads us to some unfinished business. The MWP Committee is exploring ways to create a Speaker’s Bureau that would help other ISBA section councils and committees find women and minority speakers for their own continuing legal education program. If you are interested in participating in the Speaker’s Bureau (or want to provide feedback on CLE programs you’d like to see offered by the ISBA), please let us know by completing and returning the survey contained in this newsletter.
Claire Manning
Chair of the Standing Committee on Women and the Law
Alice Noble-Allgire
Chair of the Standing Committee on Minority and Women Participation
During the past year, the Standing Committee on Minority and Women Participation has been exploring ways that the Illinois State Bar Association can encourage more minorities traverse the educational pipeline into the legal profession.
The ISBA’s efforts are part of a nationwide campaign to address the underrepresentation of minorities in the bench and bar. “The legal profession faces no greater challenge in the 21st century than the critical need to diversify its ranks,” ABA President Michael S. Greco observed in a report issued last year. “A more diverse and representative legal profession will not only foster greater public confidence in the law, but even more fundamentally it will help to ensure fairness in our justice system.”1
ISBA President Irene Bahr was quick to respond to the ABA’s call for co-sponsors on a Diversity Resolution. At President Bahr’s request, the ISBA Board of Governors signed on to the resolution in June 2006.2 President Bahr then asked the Standing Committee on Minority and Women Participation to examine ways of implementing a pipeline initiative in Illinois.
A Problem With the Pipeline
During the fall of 2006, the Standing Committee began gathering information about the pipeline problem and proposals to address it. The Standing Committee found that for many students of color, the American educational system presents a barrier, rather than a conduit, to the legal profession. According to an ABA task force report, the educational pipeline is “riddled with leaks” for minority students.3 “We are losing significant numbers of potential law students and future legal scholars and practitioners of color at every point along the pipeline continuum.”
Leaks occur in a variety of ways at every level of the educational system. Among some examples cited in the ABA’s report:4
• African-American children attending state-funded pre-kindergarten programs are almost twice as likely to be expelled as other groups.
• The test score gap between students of color and white students begins as early as the fourth grade and continues through the undergraduate and graduate levels.
• African-Americans graduate from high school at significantly lower rates than whites and Asian-Americans.
• Minority students, particularly African-Americans, are less likely to attend college immediately after high school than their white counterparts.
• Students of color have disproportionately lower law school application, enrollment, and graduation rates.
• Students of color have generally lower bar exam passage rates than whites.
Strategies for Improving the Pipeline
The Standing Committee’s research culminated with a Diversity Roundtable during the ISBA’s Midyear Meeting on December attended by more than 70 participants from a wide variety of constituency groups. Participants included representatives of minority bar associations; teachers and administrators from elementary, junior high, and high schools; pre-law advisers and college-level administrators; law school deans and student development personnel; social service providers; and representatives of existing diversity programs (e.g., the Just the Beginning Foundation and the Committee on Minorities in Large Firms).
Key leaders of the bench and bar also presented their ideas and support. Illinois Judges Association President Jesse Reyes opened the program by underscoring the need for diversity in the profession. He inspired the audience with several poignant examples of the benefits of diversity outreach efforts. Likewise, the entire ISBA leadership—President Irene Bahr, President-elect Joseph Bisceglia, 2nd Vice President Jack Carey, and 3rd Vice President John O’Brien—participated in individual roundtable exchanges.
For background on the Pipeline effort, Roundtable participants heard from two representatives of the Wingspread P-20 Pipeline Leadership Consortium, a national coalition of educators dedicated to addressing pipeline issues. Amy Jarmon, Assistant Dean for Academic Success Programs at Texas Tech University School of Law, discussed the in-depth research that the Wingspread Consortium has conducted and some of its specific suggestions for pipeline programs. Ruthe Ashley, a member of the State Bar of California’s Board of Governors and head of the Bar’s Diversity Pipeline Task Force, explained how her group created a “Best Practices” manual to identify model diversity programs and encourage collaborative efforts by bench, bar, and academics.
With that introduction, Roundtable participants rolled up their sleeves and began the hard work of identifying the needs in Illinois and what programs might be most effective to address those needs. Working in small groups representing a mix of constituencies, the participants addressed a series of questions, ranging from “What level of student should we target?” to “How can the ISBA help?”
In answering the first question, some participants inquired about the ultimate goal of the program—i.e., whether it should work toward: (1) the specific goal of promoting legal careers for minority students, which would suggest that the ISBA should concentrate its efforts on providing role models and encouragement to junior high, high school, and pre-law students; or (2) a more general goal of helping students develop the skills necessary to succeed in law and other academically demanding careers, which would suggest that the program should target reading and writing programs for grade school and pre-school students.
A majority of the participants appeared to favor the broader mission of promoting academic success and leadership skills for all minority students. They cautioned, however, that pipeline leaks are part of a larger societal problem and some of the obstacles—e.g., lack of food/clothing, parental supervision, and educational support—are beyond the expertise of the legal community.
Participants observed that there is an “incredible array” of pipeline-related programs that already exist in Chicago and elsewhere in the state. But there was a general consensus that these programs offered a piecemeal, and sometimes inconsistent, solution to the problem. Accordingly, the overriding theme that emerged from the discussions was the need for integration, institutionalization, and continuity. In other words, instead of “reinventing the wheel” by duplicating programs that were already in existence, the ISBA could help to pull together a comprehensive package of existing programs that address the variety of needs that exist along the entire spectrum of the educational pipeline.
Participants ultimately identified a number of ways in which the ISBA is well-situated to address the pipeline problem. First, and foremost, the ISBA has the resources (committees, staff, Web site, etc.) to act as a clearinghouse to coordinate the wide variety of programs that already exist and to develop additional programs, if needed, to fill any unmet needs. Second, the ISBA has a strong membership base that can provide the human capital to help implement these programs. Third, the ISBA can use its political influence to advocate for legislative funding and programs that will address poverty and educational issues beyond the reach of the ISBA.
The Next Steps
At the end of the Roundtable, ISBA President-Elect Joe Bisceglia gave his enthusiastic support for the development of a pipeline initiative. He suggested that during his term, the ISBA can provide a leadership role by creating a Diversity Task Force charged with assembling information, finding ways for the ISBA to partner with educational and other institutions, and identifying funding sources.
The Standing Committee concurred with President-Elect Bisceglia and issued a report recommending that the ISBA appoint a task force that would carry out the following tasks:
• Serve as a clearinghouse and coordinator of information – The task force should assess the existing diversity programs and create a matrix that links the existing programs to the needs and skills of the various grade or age levels. The matrix and program descriptions should be posted in an appropriate place on the ISBA’s Web site and in other forms as the task force deems appropriate to encourage participation by ISBA members, as well as local bar associations and law firms, throughout the state.
• Establish partnerships to implement promising programs—The task force should identify programs that would benefit from the ISBA’s involvement and establish the appropriate partnerships (with the judiciary, educators, service providers, etc.) to implement those programs. These programs may include those that are already in existence, as well as new programs needed to bridge gaps that the task force identifies in its matrix.
• Advocate for funding/programs to be carried out by others—To the extent that the task force identifies needs that cannot be effectively addressed by the legal community on its own, the task force should urge the ISBA to lend its resources (whether direct funding or political influence) to those organizations or institutions that are better situated to address those needs.
• Assessment – The task force should devise a way to evaluate the effectiveness of current and future pipeline initiatives.
• Funding – The task force should identify monetary resources needed to support pipeline initiatives.
The Standing Committee further recommended that membership on the Diversity Task Force include representatives from the wide range of constituencies that participated in the Diversity Roundtable, as well as other constituencies that identified during the Roundtable as critical to a pipeline initiative.
As President-Elect Bisceglia has indicated elsewhere in this newsletter, he already has taken steps to put these recommendations into action.
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1. ABA Presidential Advisory Council on Diversity in the Profession, Embracing the Opportunities for Increasing Diversity into the Legal Profession: Collaborating to Expand the Pipeline 6 (2005), available at <http://www.abanet.org/op/pipelineconf/PipelinePostReport.pdf>.
2. American Bar Association, Presidential Advisory Council on Diversity in the Profession, Recommendation to the House of Delegates, available at <http://www.abanet.org/op/councilondiversity/resolution.pdf>.
3. Id. at 14.
4. Id.
When I enrolled in law school I took a step toward a major life goal. I also thought that my presence (and my women classmates) in this male-dominated profession would make such a difference that my daughter’s career path would be free from gender obstacles. Sadly, I was wrong. My daughter graduated from college last year and while the statistics show a dramatic change in the numbers of working women, and law school classes are now equally gender balanced, other statistics would show that the world has not changed very much at all.
Women constitute a much larger percentage of the profession, but a comparatively smaller percentage of managing partners in law firms. Despite a consistent commitment by leaders of the ABA, state, and local bar associations to the challenge of diversity, law school admissions of minority students is dropping.
Equally persistent is our seemingly utter failure to alter the negative perception of our citizens about the legal system and our profession. How much clearer could this equation be? Our profession, and the services we provide will be valued when our profession represents our society. When a citizen of any of the multitude of ethnicities present in America today can walk into a court or law office, look around and feel that the legal system is an institution reflective of they themselves and their families. Lawyers and judges, and law professors need to reflect the diversity of our nation. Any student in our country needs to believe that a career in the law, given the academic ability, is within the realm of possibility.
I have to believe we know these statements to be true. The question then, is what do we need to do to make the goal a reality? The Illinois Supreme Court took a dramatic step forward by creating the Commission on Professionalism. By Court rule, our Commission is tasked to encourage, support and deliver programs that will enhance the efforts of our profession to be more diverse, open and accessible. Twelve other states have created similar groups through their highest courts to work on this and other serious issues under the broad description of professionalism.
Our Commission is conducting a Conclave later this year to develop an action plan on diversity. Leaders of our legal community will convene to assess the most meaningful way to address this issue and coalesce around the resulting plan. We are excited about the potential impact this program promises.
In addition, important work must be done to fill the educational pipeline with a much more diverse group of law students if we are to change the makeup of our practicing bar. Firms need to make diversity a meaningful part of their business planning. We know this. And, to our credit we have seen some of this work being done. The bottom line, though, is this: each one of us, in ways large and small, must commit ourselves to the mission. The time for expecting these things to happen, just because, cannot and will not get us there.
Just as I learned that simply being a woman in a male dominated profession doesn’t advance the diversity cause, we need to make a personal and daily commitment to keep diversity on our personal to do list. Each of us has our own, unique but necessary part to play if meaningful change is to happen. We look forward to working with you.
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1. Cheryl Niro is the Executive Director of the Illinois Supreme Court Commission on Professionalism and a Past ISBA President.
Most private firm business models continue to adhere to the “pay-your-dues-and-climb-the-ladder” tradition. But regardless how accomplished a woman may be, she cannot climb, much less reach the top of, the leadership ladder unless she spends a certain amount of years in her work environment. Nowhere is this more painfully obvious than with women of color in law firms.
The statistics are compelling: In 2005, the National Association of Law Placement (NALP) reported that 81 percent of women lawyers of color left their law firms within five years of being hired. Recognizing the need for a comprehensive analysis of the unique concerns and experiences of Hispanic, African American, Native American, and Asian American women in the legal profession, in 2004 the American Bar Association’s Commission on Women in the Profession undertook a first-ever, groundbreaking research study comprised of a national survey and focus groups.
Published in October 2006, Visible Invisibility: Women of Color in Law Firms explores the experiences of women of color who had worked in a law firm of at least 25 attorneys. It answers such critical questions as: Do women of color attorneys’ work experiences surpass or fall short of expectations, and how do their experiences differ from those of their majority colleagues? How do legal employers hinder or increase job satisfaction? Why do women attorneys of color change practice areas and organizations, or leave the profession at an alarming rate?
The report details what has been called a double-bind or “double-whammy.” Women of color experience unique disadvantages based on race in addition to gender. White women experience such events based on gender alone, men of color experience such events on color alone, and white men have virtually no first hand or personal experience with discrimination.
Despite the genuine efforts of law firms to diversify, Hispanic, African American, Native American, and Asian American women lawyers nationwide report a lack of networking and access to significant billable hours, being skipped over for client development opportunities, and being subjected to demeaning comments and harassment. They often feel isolated and alienated, sometimes even from other women.
Among the report’s key findings:
• Approximately 62% of women of color said they had been excluded from networking opportunities, compared with 60% of white women, 31% of men of color, and 4% of white men.
• 49% of women of color said they had experienced demeaning comments or harassment, compared with 47% of white women, 34% of men of color, and 2% of white men.
• 44% of women of color said they had been denied desirable assignments, compared with 39% of white women, 25% of men of color, and 2% of white men.
• 43% of women of color reported having limited client development opportunities, compared with 55% of white women, 24% of men of color, and 3% of white men.
• 31% of women of color reported receiving unfair performance evaluations, compared with 25% of white women, 21% of men of color, and 1% of white men.
• White women earned approximately 2/3 more than women of color, men of color earned approximately 1/3 more than women of color, and white men earned nearly two (2) times the salary of women of color.
The Commission was not alone in probing the reasons for such disparate law firm experiences between women of color and white male or female attorneys. In the November 29, 2006 issue of The New York Times, the newspaper reported on the debate among lawyers as to why blacks lagged at major firms.
One controversial explanation was proposed by UCLA law professor Richard H. Sander in the North Carolina Law Review. He argued that the disparity in law school grades between white and minority associates, combined with aggressive minority recruiting, has created an “influx of minority associates who are very often less able, and in other cases, merely perceived as being less able.” He concluded that “it is indisputable that the larger the credentials gap between minority and white associates, the greater the likelihood that a given minority associate will turn out not to measure up.”
This conclusion elicited immediate response, including comment from the Commission based, in part, on our Visible Invisibility report. The Commission noted that the professor fell into the same trap that ensnares the majority of law firms in this country: He failed to meaningfully consider the neglect, exclusion, and in some cases downright racist attitudes toward women lawyers of color. Sander’s conclusion, roundly rejected by voices in both majority and minority bars, also received a detailed response from James Coleman and Mitu Gulati, professors at Duke University School of Law, in the same North Carolina Law Review. Although there is disagreement about the role of law school grades in the unacceptably low success rate of minority lawyers in law firms, there is remarkable agreement on one key point—a point about which we can do something.
All agree that the fervor with which minority lawyers are recruited and hired is not matched by an equal commitment to retention and advancement. This is because there are institutional commitments to diversity at the managing partner and hiring partner level that have not yet been fully embraced at the case management level where work assignments and lawyer development take place. Lack of mentoring, uneven work assignments, and inability to fit into closed workplace social networks are just a few of the barriers discussed in all three cited works.
The invisibility of women attorneys of color is not due to a “gap” in credentials or lack of intellect. Most women of color respondents in the survey earned their law degrees from first or second tier law schools. Ironically, most minority women in the study said they were heavily recruited by law firms, only later to be denied equal opportunity to make partner. They were relegated to dead end assignments and treated as “tokens.” One woman lawyer of color said, “I felt like an exotic animal. I was always asked to attend functions and award ceremonies, speak to law students of color and pose for advertising publications. However, I never had contact with partners in power other than at these events.”
There is much to argue about in Sander’s “credential gap,” but what is striking is the overwhelming consensus that law firms are not doing enough to secure the success of minority associates, particularly women. The business world has evolved to better adapt to the changing workforce while the legal profession persists in a model that works for an ever-decreasing majority. Law firms must, among other things, embrace monitoring job assignments, mentoring, training, and breaking down informal network barriers.
It is now time for the law firm hierarchy to defend their attorneys of color against discrimination. It is not enough for these women to develop a thick skin. Nor is it the burden of the women of color. As stated in the Commission’s letter to the editor of The New York Times (published on December 1, 2006), “It is the job of the law firm to, as the study suggests, weave [minorities] into the social and professional fabric of the firm.”
Women of color must be visible at all levels within private firms. If the legal profession is to move forward, and if it is to be the best that it can be and reach its full potential, then it must reflect the diversity of society. Anything less is unacceptable.
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Pamela J. Roberts is the current chair of the American Bar Association Commission on Women in the Profession and a partner of Nelson Mullins Riley & Scarborough, LLP in Columbia, South Carolina. She is a former member of the ABA Board of Governors and of the ABA Commission on Racial and Ethnic Diversity in the Profession.
The business case for diversity is well established and directly relates to any legal organization’s ability to compete for the best clients and talent. Abundant research, practical experience, and media stories support the business case for diversity. Ensuring that diversity is achieved requires committed leadership and rigorous assessment so that change is both measurable and sustainable into the future.
Client demands. In 2004, Roderick Palmore, General Counsel of Sara Lee, issued A Call to Action: Diversity in the Legal Profession, a statement pledging the support of corporate chief legal officers in holding their outside law firms accountable for hiring, retaining, and promoting diverse lawyers. It has been signed by 110 general counsels who pledged to “make decisions regarding which law firms represent our companies based in significant part on the diversity performance of the firms.”
Clients use a variety of mechanisms to focus the attention of law firm management on diversity:
• retain firms with a strong performance in diversity and restrict relationships with firms lacking that track record
• hold regular meetings with firm management and billing partners to discuss diversity best practices
• require annual reports on diversity statistics and measured progress from the baseline
• award annual bonuses based in part on achieving diversity objectives
• expect legal service providers to have legal staffs that mirror the significant diversity within the in-house legal department
Law firms are getting a clear and consistent message: If they successfully increase their diversity at all levels, they will get more work from important clients; if not, they will lose work from long-term clients.
Business development. Tremendous business development opportunities are available to legal organizations that achieve meaningful and sustained diversity within their leadership ranks. One of the most obvious results from corporations that sever their long-standing relationships with law firms that fail to demonstrate a commitment to diversity. In addition, because many law firms have not demonstrated significant progress in this area, firms that achieve diversity will have a competitive advantage in obtaining significant new engagements.
Diverse attorneys bring valuable attributes to their organizations and their clients; in addition, they may provide unique marketing opportunities for their organizations. For example, E. I. du Pont de Nemours and Co. (DuPont) established networks for women lawyers and attorneys of color within its legal department and at the firms and companies it uses for outside legal assistance. Women lawyers and attorneys of color who are part of the network send business to other members in DuPont’s legal service provider network, and outside counsel form stronger relationships with in-house attorneys.
Maintaining talent and increasing revenue. Organizations are hurt financially when talented professionals leave for the wrong reasons. Diverse attorneys depart at a higher rate than do similarly situated white male attorneys. Law firms that fail to create an environment in which diverse attorneys succeed lose valuable personnel and the associated financial investment in their training and recruitment. This loss requires additional expenses for hiring and training, costs firms additional fees to bring attorneys up to speed on matters, and risks client goodwill. The firm also may lose key people essential to their leadership succession ranks.
Reducing legal risk. High turnover and increased recruiting expenses are not the only increased expenses of non-inclusive organizations. There are legal implications to failing on the diversity issue. Discrimination and workplace harassment lawsuits are embarrassing; damage the organization’s reputation; detrimentally impact the organization’s ability to recruit; use critical attorney time in non-revenue-producing ways; and cost the organization money for legal fees, settlements, judgments, training, and lost opportunities.
Enhanced reputation. An organization’s reputation is critical to every aspect of its business: client demands, business development opportunities, the talent pipeline, and retention and promotion of its attorneys. Via its reputation, an inclusive organization creates a competitive advantage in maintaining client relationships, attracting new clients, recruiting talented lawyers, and increasing financial performance.
The legal profession’s progress on creating and retaining leaders who are also diverse has been slow. Material progress is lacking in the percentages of equity partners, office heads, managing partners and practice group leaders who are female, of color or openly gay or lesbian. Educating people about the business case for diversity is an essential step in leveraging the organization’s diversity efforts. It is only when the entire organization understands the strategic rationale of diversity that individuals realize they must personally contribute to the organization’s goals.
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1. Jane Pigott is the Managing Director of the R3 Group LLC and specializes in providing leadership, change and diversity/inclusion consulting to organizations.
On September 18, 2006, the Peoria County Bar Association’s Diversity Committee held its third annual Diversity Luncheon and outdid itself again. There were about 350 attendees including local high schools students, law school students from NIU and SIU; and students from Illinois Central College’s Upward Bound; and South Side College Club (programs aimed in assisting underprivileged students to the road to higher education). Also in attendance were a strong number of judges, civic leaders and community organizations.
The PCBA Diversity Committee announced three recipients of the Diversity Scholarship. One of the three recipients, Dwayne Simpson, who is an African-American 3rd-year law student at University of Florida, fell in love with Peoria when he came to Peoria the previous summer as an ABA Judicial Intern. He came to love Peoria so much that he came back the following summer as a paid intern at a local law firm. He is the prime example of how the Diversity Committee’s programs including funding the ABA Judicial Internship Program for Peoria has paid off in dividends.
The second recipient, Syed Ahmad, a 3rd-year law student at Michigan State University and a Muslim-American, immigrated to Peoria in 1998 and plans to practice in the Peoria area. The third recipient, Melodi Green, a 2nd-year law student at SIU, was present at the Luncheon to accept the Diversity Scholarship. Melodi who is an African-American, was born and raised in Peoria and plans to practice in Peoria upon graduation. The Diversity Scholarship program annually awards $1,000 scholarship to each of three recipients who are from minority groups that are historically under-represented in the legal profession and intend to practice in the Peoria area.
The keynote speaker, Calvin Butler, VP of External Affairs at RR Donnelly, spoke about the high attrition rate of women of color out of the large law firms and the economical as well as the creative need to keep people from many diverse backgrounds in the legal as well as the business field. Faced with demands from clients, big corporation such as RR Donnelly and Sara Lee are seeking law firms that are diverse in their employment of attorneys. Calvin insightfully told the crowd that diversity may scare the general population and instead explained that diversity is more related to inclusion; inclusion of all people with all type of ideas to foster advancement in technology and business innovation. The speech concluded with Calvin lauding the long-term effect of mentoring, especially to a young attorney like himself 10 years ago.
The Diversity Luncheon is among the many programs implemented by the PCBA Diversity Committee to diversify the legal field to better reflect the community. Other programs include law schools visits to attract minority law students to Peoria; future mentorship program to plug the “leak” in the pipeline to get qualified minority students into the legal field; funding and assisting the ABA Judicial Internship program; and funding and awarding the Diversity Scholarship.
Law firms continually struggle for meaningful ways to advance commonly shared diversity objectives. Such an opportunity rarely is open and available simply for the asking. This is the invitation extended by the Chicago Bar Association to all Chicago law firms to promote women in leadership by committing to the Alliance for Women Call to Action.
The Call to Action was launched on January 25, 2005 to increase the number of women partners and to enhance leadership opportunities for women attorneys in law firms. Ten law firms emerged as leaders to promote this Call to Action even before it was formally announced: Baker & McKenzie, DLA Piper Rudnick Gray Cary, Jenner & Block LLP, Katten Muchin Zavis & Rosenman, Kirkland & Ellis, McGuire Woods, McDermott, Will & Emery, Schiff Hardin, Sidley Austin Brown & Wood and Sonnenschein Nath & Rosenthal.
This Call to Action, the first in Chicago but similar to Calls to Action put out by other U.S. bar associations, addresses the problem of a disproportionately low percent of women attorneys in leadership ranks in Chicago’s law firms. Even though females have been recruited into these law firms in roughly proportionate numbers to their graduation from the top law school for many years—statistics kept by the National Association for Law Placement (“NALP”) indicate that the percent of female associates has exceeded 40 percent since 1998—yet women attorneys are not seen in leadership positions as evidenced by the lack of female equity partners, practice group leaders, committee chairs and managing partners. The Alliance for Women believes that the leaders of Chicago’s law firms must address and work to solve this issue.
In 2004, NALP statistics revealed that the average percent of women partners in the top 20 Chicago law firms was 18.12. These statistics from the Chicago Lawyer’s Diversity Survey of Chicago law firms (July 2004) reveal only ten law firms are at or above the 18.12 average percent. In general, this group of law firms range from a high of 26.7 percent of women partners to a low of 15.4 percent. In addition, since most of the firms have two tiered partnerships, the numbers of equity partners are even lower. It is important to note that these statistics are self reported to the Chicago Lawyer and reflect the percentages of female partners as a percent of total partners.
In November, 2004, the Chicago Bar Association approved the Call to Action developed by the Alliance for Women. The specific goals of the Call to Action are:
1. to increase the percent of its women partners by 3 percentage points from its 2004 levels by December 31, 2007;
2. to have women represented on every firm committee in the same proportion as the number of women partners by December 31, 2007;
3. to increase the number of women practice group leaders by December 31, 2007;
4. to review its flexible hours policy and its use in order to ensure that alternative schedules are an equitable and viable option by December 31, 2007; and
5. to improve materially any disparity in the rates in which men and women are retained, promoted and laterally recruited at the firm by December 31, 2007.
This Call to Action was specifically designed to allow every law firm to succeed at addressing the problem of the lack of women in leadership positions. The Call to Action goals serve to raise awareness of these concerns and to outline an action plan over a three year period. In addition, the Alliance for Women developed a companion guidance Best Practices for Ensuring Compliance With Commitment to assist law firms in meeting these goals.
The Call to Action was sent to the Managing Partners of Chicago firms and to General Counsels of Chicago businesses. While the Call to Action is targeted at law firms, any Chicago area legal organization is welcome to participate. Becoming a signatory is a simple process: provide the name and contact information for the firm and the contact person at the firm who will be responsible for meeting the goals of the Call to Action. A yearly report will be issued to monitor the progress of all firms in meeting the stated goals. Signatory firms will receive special recognition for their commitment to the Call to Action. A final report will be issued in 2008.
On January 24, 2007 the Alliance for Women sponsored its 2007 Call to Action kick off event hosted by Shefsky & Froelich. The program focused on continuing outreach to firms and legal organizations not yet participating in the Call to Action. The program also provided an update on the status of the Call to Action for signatories and allowed for the sharing of important information including success stories, lessons learned and best practices.
The event and panel discussion were organized by Call to Action subcommittee member, Jennifer Bluestein, Director of Professional Development, Baker & McKenzie. The Call to Action panelists included Susan Wiles, Partner, Shefsky & Froelich, Victoria Donati, Partner, Neal Gerber & Eisenberg LLP and E. Lynn Grayson, Partner, Jenner & Block LLP.
Call to Action Co-Chair Jane DiRenzo Pigott opened the program by providing an update on the participation reports to be provided to signatories and the timing of the next request for data. Each signatory previously submitting data will receive a Call to Action interim report by the end of January along with a request for the next round of data. Jane thanked Baker & McKenzie for lending its technology department to format the reports as well as Deloitte Financial Advisory Services for its continuing support in managing the Call to Action data and related statistics.
The panelists each shared their experiences regarding what works and what doesn’t work in achieving the Call to Action objectives. Key issues addressed during the panel discussion included: 1) the necessity of top management support for diversity initiatives overall, 2) encouraging women attorneys to be more proactive in seeking change within their law firms; 3) evaluating an increase in the size of firm committees to allow for greater participation, particularly by women partners; 4) the importance of women partners as role models in law firm management; 5) the commitment required of women partners to assume leadership opportunities; and, 6) the critical need for an effective, meaningful flex time program that provides all attorneys, including associates as well as equity and non-equity partners, work life options without any stigma.
In 2006-2007, the Alliance also launched a companion initiative to the Call to Action—the Women’s Leadership Institute. This effort focused on providing leadership skills to women attorneys needed to progress in their careers and in law firms. A four-part professional development series addressed self promotion, effective communications, creating positive visibility and career networking. Over 800 women attorneys participated in the Women’s Leadership Institute in 2006-2007.
While over 50 law firms and law departments now are signatories to the Call to Action, the Alliance for Women is continuing its outreach efforts to encourage additional law firms and legal organizations to join in as signatories. This is the third such event specifically designed to reach out to possible new signatories. The Alliance hopes that these efforts will continue to raise awareness about the Call to Action and increase overall participation in this special project. The Call to Action, related guidance and signatories are posted on the Chicago Bar Association’s Web site at <http://www.chicagobar.org/calltoaction>.
The means whereby law firms succeed in progressing the interests of women attorneys has never been more simple, straightforward and readily available. A commitment to the Alliance for Women Call to Action will enable every law firm to improve the leadership opportunities open to women attorneys and in general, enhance a workplace environment where women attorneys are encouraged to succeed. While committing to the Call to Action is a wise business decision for law firms, more important, it is simply the right thing to do.
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1. E. Lynn Grayson is a Partner at Jenner & Block in Chicago and Chair of its Women’s Forum. She may be reached at lgrayson@jenner.com.
The Minority Corporate Counsel Association (“MCCA”) selected the law firm of Laner, Muchin, Dombrow, Becker Levin and Tominberg, Ltd. (“Laner Muchin”) as the recipient of the Thomas L. Sager Award for the Midwest Region. The Sager Award is named in honor of MCCA Chairman of the Board and DuPont Company Vice President and Assistant General Counsel, Thomas L. Sager. The award is given to law firms that demonstrate sustained commitment to improving the hiring, retention, and promotion of minority attorneys.
In selecting Laner Muchin, MCCA noted that the Firm’s demographics prove its commitment to diversity. Laner Muchin has 50 percent minority associates, 19 percent minority attorneys and over 40 percent minority new hires. In addition, minority equity partners comprise five percent of the partnership. The Firm has over 20 percent female attorneys; 67 percent female associates; and 57 percent female new hires. These results are indicative of the fact that Laner Muchin is committed to creating and sustaining a diverse legal workforce.
A life with no opportunities is like a body with no brain. It has no chance of survival. No chance to grow and learn. No chance to touch the lives of others, and no chance to leave its mark on society.
Many young minority students in the United States today are facing a life without opportunities. Confined to educational facilities with insufficient resources, these students are deprived of basic necessities like books and role models to help them succeed. We have all heard stories of schools like this, but we rarely hear of programs that put forth the little effort it takes to make a big impact.
The Black Law Students Association of Southern Illinois University is taking steps to address this deficiency in some of the most impoverished schools in southern Illinois with a campaign that others can replicate elsewhere. The program is designed to inspire minority students to pursue educational advancement as a means to productive careers—particularly within the legal profession, where there are disproportionately few minorities.
BLSA, which is an organization comprised of a small group of African American and other minority law students, has targeted minority elementary, middle, and high school students, most of whom will come from low income and educationally deprived communities in Illinois and surrounding areas. BLSA’s initiative, called “Mission Possible,” aims to educate young minorities early on about the field of law, what it takes to get there, and how to achieve success, all while preserving one’s true identity.
BLSA students are uniquely situated to give this advice because many have experienced first hand the effects of being a minority in the legal arena. In a school of approximately 380, having 13 African American students, and an even smaller number of minority faculty, present difficulties in the fields of communication, social success, and having the confidence to be sure that you too as a minority can become what you strive to become, and reach every goal you attempt.
Recognizing this need for diversity, BLSA’s first mission became possible at Cairo High School. Located at the southern tip of Illinois, Cairo, often referred to as “the city that died from racism,” is 63% African-American. Only 7.3% of its citizens have received a college degree.1 With the unemployment rate at more than double the amount of the United States, 33.5% of the population is below the poverty level.2 These statistics made Cairo High School the prototype for groups targeted by Mission Possible.
A member of BLSA with personal ties to Cairo informed the organization that one student with above average grades did poorly in science because of a lack of textbooks to take home. With only 50 minutes of class time to comprehend the subject matter, students were at an educational disadvantage. BLSA questioned how these students would be expected to perform on the same level as students who come from wealthy backgrounds and prominent school districts with unlimited access to textbooks and computers. In search of answers, BLSA utilized its personal ties to Cairo, requesting that we be placed on the school board’s agenda, and an opportunity to speak to the teenagers at Cairo High.
After approval, BLSA immediately began preparing for the presentation. With minimal funding and generous contribution from various administrative staff at the School of Law, BLSA created gift bags with various items from the School of Law, and a small program consisting of topics we believed to be most important for young minorities interested in the legal field. Titling the program would add its finishing touch. While brainstorming, a member of BLSA suggested that the program be called Mission Possible. The name was a perfect fit.
With everything in place, five members of BLSA drove 45 minutes south to Cairo. Upon arrival at Cairo High various roadblocks stood in BLSA’s way. The principal was absent from the facility, the vice principal did not expect BLSA’s presence, the list of students could not be located, and no classroom had been reserved. Despite these obstacles, BLSA was determined to give this presentation. Refusing to leave without reaching out to the youngsters, Melodi Green, BLSA’s President stated, “We came all this way, and we’re going to talk to somebody!”
Mission Possible was presented to 11 bright students, comprised of sophomores, juniors, and seniors, who had an interest in law. BLSA members discussed how we became interested in the legal field and what steps we took to get there. With help from materials provided by the American Bar Association’s Young Lawyers Division, we encouraged the students to “Choose Law” as a profession. With a DVD on Minorities choosing law, and various pamphlets made available at the ABA’s Web site, BLSA provided the students with advice tips about the law school admission process including the Law School Admissions Test, the importance of a writing sample, and finding the right law school. The students received invaluable information about different areas of law and the need for diversity in the legal system. The program proved a success.
As one can see, all you need is a lot of heart, a little commitment, and a team that is eager to work together and make a change. This is an example that can be replicated throughout the state and the nation. In fact, BLSA while planning to repeat the Cairo initiative, also plans to conduct a similar program for students at Carbondale High School as well and other future venues. Showing minority students what they are capable of achieving, helping students realize their potential, encouraging them to follow their dreams, and mentoring to students to provide them with guidance, all work together to create a formula for success. This experience will change your lives and, more importantly, the lives of the students you reach. We know this to be true because this experience has changed us.
The Southern Illinois University School of Law Chapter of the Black Law Student Association would like to dedicate this article in memoriam to Kanidryana Moss. Kanidryana was a bright young woman with a vibrant future. She was one of the students whom we talked to at Cairo High School. She displayed a keen interest in law. A week after the Mission Possible program, on the afternoon of February 23, 2007, Kanidryana passed away due to complications with asthma. She will be missed by all who knew her. Her true spirit touched all who knew her. We would like to send our condolences to the Johnson/Moss family and thank you for allowing us to talk with Kanidryana.
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1. users.stlcc.edu/jangert/cairo/cairo.html
2. users.stlcc.edu/jangert/cairo/cairo.html
“Diversity is the one true thing we all have in common. Celebrate it every day.”
—Anonymous
The legal profession has been a dynamic force in shaping the history of our nation. It is no surprise, therefore, that lawyers have a special place in our society as the protectors of the underprivileged and disenfranchised. We, as lawyers, have fought to protect fundamental liberties and to safeguard the inalienable rights of our citizens. We, as lawyers, have sworn to uphold a constitution which decries discrimination, even though, during past times, such a position could prove to be so unpopular that it placed those advocates in harm’s way. We, as lawyers, have battled to uphold the sacrosanct legal ideals upon which this county is based, such as “equal justice under law.” I am proud to be a lawyer and part of a profession that has such a rich history of standing up for what is right and making a positive difference in the lives of our communities and our citizens each and every day.
Indeed, our profession is one that touches virtually all citizens at some point in their lives. From making out a will, to buying a home, to running a small business, legal services affect many aspects of our day-to-day existence. Accordingly, it is of utmost importance that the legal profession is—and is also perceived to be—representative of those individuals it serves. Lawyers are the link which connects members of society with the rule of law. We help our clients—as well as our communities—understand not only legal principles, but also the broader workings of our system of justice. The trust and confidence placed in our profession is in danger of being undermined, however, if certain groups in our society perceive that their members are precluded from aspiring to careers in the law or are prevented from progressing within their legal careers. Increasing diversity within the legal profession, therefore, not only contributes significantly to the quality of the profession, but also serves to enhance the public’s confidence in, and respect for, the legal system.
As members of the legal profession, it is our duty and obligation to assume the lead in assuring that there is gender, racial, ethnic and sexual orientation diversity within our ranks.
Recent studies of this issue reveal that there is cause for concern. For example, surveys conducted by the American Bar Association have shown that a great number of our colleagues and our citizens are troubled by issues of fairness and equality within the legal system. Significantly, this perception exists as our society is becoming rapidly more diverse. Although minorities currently account for roughly 30% of our population, it is projected that this figure will increase to over 50% within the next 35 to 50 years. In addition, women account for approximately 50% of the population. Against this backdrop, it is telling that the legal profession remains 90% white, with 70% of that group being male. Because the makeup of the legal profession is disproportionate to the population, perceptions may arise that our profession is out of touch with the very communities we aspire to serve. Such perceptions, in turn, may foster distrust and lack of confidence in our system of justice, grounded in a belief that there is little understanding of divergent backgrounds and perspectives.
Therefore, it is up to us—both as individuals and as an organization— to champion a more diverse profession which is reflective of our society at large. I am proud to say that the ISBA has been at the forefront of efforts to improve diversity in the legal arena and to make real and lasting progress. Three examples of the numerous ways in which the ISBA has worked to achieve this goal is by forming the Standing Committee on Minority and Women Participation, the Standing Committee on Women and the Law, and, most recently, the Standing Committee on Sexual Orientation and Gender Identity. Each of these groups have committed their efforts to ensure that our bar association—as well as the community-at-large—will benefit from the richness of the varied backgrounds, experiences and perspectives of their dedicated members. As a result of their commitment to diversity and the elimination of discrimination, they have raised awareness of issues of critical importance which otherwise might not be addressed absent their tireless endeavors.
This bar year, these groups have established a particularly impressive track record of presenting programs that bring these issues into the forefront of discussion. I think back to the ISBA Mid-Year meeting and the program, “Diversity Roundtable: Pipeline to the Profession,” which was spearheaded by the Minority and Women Participation Committee. This event was conceived as a way to address a recent report by the American Bar Association which found that the educational pipeline for minority students into the legal profession may be “riddled with leaks,” resulting in a loss of “significant numbers of potential law students and future legal scholars and practitioners of color at every point along the pipeline continuum.” Upon hearing these disturbing findings, the Committee went into high gear to present a timely program intended to highlight this issue and explore a wide variety of proposals and ways that the ISBA could help implement initiatives throughout the state to combat this problem. I will always remember the great enthusiasm among the Roundtable participants—who represented a broad cross-section of attorneys, educators and community leaders—to find ways to encourage and assist minority students in choosing law as a career.
I also think back to January, when the Women and the Law committee presented a program, co-sponsored with the Minority and Women Participation Committee, which shed light on “The Secret World of Human Trafficking” with insight from a blue-ribbon faculty including four speakers from Washington D.C. This stellar seminar not only raised awareness of a critical and disturbing issue which uniquely affects women and children, but also explored ways in which this blight on our society can be put to an end. The Women and the Law Committee, again with the co-sponsorship of the Minority and Women Participation Committee and the Sexual Orientation and Gender Identity Committee, has also coordinated a “Hot Topics in Domestic Violence” program which has been regularly presented in the Chicago area and downstate. This program provides practitioners with a comprehensive overview not only of the substantive law but also of the practical information needed when dealing with cases of domestic violence.
These are only a few highlights of the important work done by these groups. I commend the leadership of the Minority and Women Participation Committee—under Chair Alice Noble-Allgire, Vice-Chair Andrew Fox and Secretary Jennifer Shaw—as well as of the Women and the Law Committee —under chair Claire Manning, Vice-Chair Sharon Eiseman, and Secretary Lynn Grayson—and also of the Sexual Orientation and Gender Identity Committee—under Chair Richard Wilson, Vice-Chair Jennifer Shaw, and Secretary Michael Goldberg—for being catalysts of positive change. Through the vision of these leaders and the hard work of the dedicated committee members, these groups have truly made a difference in raising diverse voices and ensuring that they are heard.
On the occasion of the publication of this special newsletter, let us reaffirm our commitment to assuring and encouraging diversity in the legal profession. Although much progress has been made, barriers based upon gender, ethnicity, race and sexual orientation still remain when members of these groups attempt to enter, or to progress within, the legal profession. Those of us who are fortunate to have leadership roles within the ISBA or in other organizations have the opportunity—and also the obligation—to spark enthusiasm and provide encouragement not only among our diverse colleagues, but also with respect to the community at large. Our challenge is to pave the way for all lawyers to pursue excellence in the profession with vision and tolerance. Current ISBA President Irene Bahr has risen to this challenge and done a wonderful job this year in reaching out to diverse members of the profession to encourage their involvement in our organization. Through her thoughtful appointment process, the organization’s sections and committees have become more diverse and reflective of the legal community. It is no surprise that, as only the 3rd woman to hold the position of President of the ISBA in 130 years, President Bahr is truly sensitive to this issue and has worked very hard to make a positive impact. ISBA President-Elect Joseph Bisceglia has also expressed a sincere commitment to diversity and, no doubt, will continue to make great strides in this arena.
Looking forward, the ISBA will continue to be in the vanguard of promoting diversity within our profession. It is my hope that we can continue to build upon the strong foundation laid by the “educational pipeline” project to look beyond the law school door and encourage minority students early on to view a career in law as a viable and promising option. Through continued cross-collaborative discussion with educators, members of the bench and bar, and community leaders, we can work to encourage access to the profession by these students. Along these lines, we should strive to assist local minority and women student organizations in sponsoring panel presentations highlighting prominent minority and women attorneys willing to provide encouragement and career advice to students.
It is also my hope that we continue to strengthen our partnership with the ethnic and minority bar associations with respect to diversity efforts. It is by engaging in a regular dialogue with these organizations that we can target areas of concern and work together toward achieving a solution. Communication could be enhanced between the ISBA and these organizations by considering the creation of a diversity column in ISBA general-circulation publications such as the Bar News or the Bar Journal as a means of highlighting our diversity efforts on a regular basis and serving as an avenue of outreach to diverse attorneys. Similarly, a diversity Web page on the ISBA Web site devoted to these issues would be another step in enhancing communication and evidencing our commitment to this important goal.
Finally, it is my hope that we will see increased diversity within not only the ranks of ISBA membership, but also within ISBA leadership. In the past, the Women and the Law Committee presented a panel discussion entitled “How to Get Elected to ISBA Offices” in which President Irene Bahr, past President Thomas Clancy and myself participated. This session was intended to demystify the ISBA election process and to encourage women and minority members to consider running for ISBA leadership positions. I encourage the committee to make this type of program an annual event, occurring in the Fall, as a means of reminding and inspiring members to consider becoming more involved in the leadership of our organization. I also encourage all reading this newsletter to become more active within this wonderful organization, and do not hesitate to aspire to future leadership positions. The ISBA already provides a wealth of resources and information, a network of legal contacts and lifelong friendships as a result of participation. Yet, it is through encouraging diversity that we can become an even stronger association, and the ISBA will be the better for it! Please feel free to contact me at any time (mjochner@rcn.com) with any questions or thoughts you may have.
The eloquent words of Illinois’ most respected lawyer, Abraham Lincoln, resound with clear truth and serve to perfectly sum up this discussion: “Let us have faith that right makes might, and in that faith, let us, to the end, dare to do our duty as we understand it.” Embracing and encouraging diversity is “right,” and it is our duty to do so. The future of our profession and our system of justice depends upon it.