The Center for Racial and Ethnic Diversity American Bar Association

Volume 1, Number 2 Summer 2010

Value Proposition for Diversity and Inclusion in the Legal Profession By Arin N. Reeves, JPI Editorial Board Chair

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f you listen to any conversation on diversity and inclusion in the legal profession these days, you will inevitably hear a discussion on the business case for diversity and inclusion. Although our profession has talked about the business case for diversity and inclusion frequently, we have not talked about the topic clearly or cohesively. In fact, we have overused and misused the phrase “business case” so much that there is, in fact, a strong business case to be made for ceasing to use the term in the future.

The business case for diversity was originally used to assert that advancing diversity and inclusion was not simply a morally or civically responsible endeavor. Diversity was good for business, and we needed to make the argument that it was good for business because we wanted people who cared about business to also care about diversity. The phrase, unfortunately, mutated into a quid pro quo proposition where if one organization delivered diversity, another organization would reciprocate with business.

This quid pro quo business case catalyzed some change, but it also created an environment where organizations that needed to deliver diversity needed to be continued on page 4

JPI Editorial Board Members: Arin N. Reeves Hon. Michael B. Hyman Marvin E. Johnson Kenneth G. Standard

Making Connections to Strengthen ABA Diversity By I.S Leevy Johnson, Center Chair

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Through much of its work, the Diversity Center facilitates connections and builds collaborative opportunities among ABA entities and between the ABA and diversityrelated organizations in the legal profession. The Diversity Center’s recent “connecting” accomplishments include:

work focuses on diversity matters. The April 2010 event brought together over 40 representatives from national, state, local, and specialty bars. A consistent message expressed by the participants was their expectation that the ABA—through its Diversity Center—would fulfill the role of “Centralized Diversity Resource.” We are striving to meet this expectation through various services, including our ever-expanding Website. As a result of the Forum, the Bar Diversity Professionals Network was created and the Diversity Center continues to play an integral role in its development.

Diversity at Bar Associations In conjunction with the State Bar of California, the ABA Diversity Center conducted the first Diversity Directors’ Forum for bar association staff whose

Goal III Collaborations The recently released ABA presidential report on “Diversity in the Legal Profession: The Next Steps” features a special set of recommendations targeted

ince the ABA Board of Governors restructured the Center for Racial and Ethnic Diversity in February 2007, it has evolved into a fully functional resource that groups both within and external to the ABA turn to for assistance with their diversity efforts.

In This Issue

Value Proposition for Diversity...........1 Making Connections ..........................1 Pipeline Primer...................................2 Countering the Downturn . .................3

Pipeline Council Offers Expertise .......3 What It Takes .....................................4 Stop Teen Violence..............................6 Research Corner.................................6

to the ABA. The first recommendation to the ABA is to “establish an Associationwide diversity plan.” The Diversity Center has coordinated a collaborative effort with the other Goal III entities (Commission on Mental and Physical Disability Law, Commission on Sexual Orientation and Gender Identity, and Commission on Women in the Profession) to complete a draft diversity plan for review by the respective entities at the ABA Annual Meeting. In May 2010, the Diversity Center coordinated the Goal III entities to develop a strategic advocacy approach that would insure that diversity is fairly represented in the ABA’s redesigned website. Our efforts were successful, and corresponding changes were made to the proposed new ABA website.

The Education Pipeline to the Legal Profession – A Primer and Guide By Sarah Redfield The following is an excerpt from a white paper prepared by Sarah Redfield and members of the Education Committee of the ABA Council for Racial and Ethnic Diversity in the Educational Pipeline. The full paper is accessible at the Pipeline Council’s website: http://new.abanet.org/centers/diversity/Pages/Pipeline.aspx.

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eaders of the legal profession have listed increased diversity among lawyers and judges as a high priority. Unfortunately, diversity by and large remains a goal and not an accomplishment. While there are many contributing factors to the stagnant numbers of diverse lawyers, the small number of diverse students in the educational pipeline to the legal profession is paramount. It is critically important that we increase opportunities for people of color to attend law school and enter the legal profession. To address the growing interest in pipeline diversity, the ABA Council for Racial and Ethnic Diversity in the Educational Pipeline offers resources to assist in understanding the key issues, fostering collaboration, and identifying successful strategies and solutions. This brief guide presents a summary of data on pipeline diversity and offers suggestions for further work and strategies for success. Salient Background The bar is hugely out of sync with the population now and will continue to grow further apart. The population is predicted to reach majority-minority in 2042 and the Caucasian population (non-Hispanic) to be at 46% by 2050. This disparity posits an adverse impact on the ability of the legal profession to serve as the guardian of the rule of law in this country.

the ABA Commission on Diversity’s Miles to Go report concluded: “Minority representation in the legal profession is significantly lower than in most other professions…; Minority entry into the profession has slowed considerably since 1995…; The distribution of minority lawyers still differs significantly from that of whites…; Minority representation in upper-level jobs remains miniscule, especially in the for-profit sector…; Progress has been especially slow for minority women in the profession…; Minorities in general continue to face significant obstacles to “full and equal” participation in the profession.” The corresponding 2004 Report is virtually verbatim. The bar cannot increase its diversity if the diversity of law school admissions does not change. Law school admissions for AfricanAmerican/Black, Hispanic, and American Indian/Alaskan Native students are flat or decreasing. While African-American/ Black admissions have shown an actual decrease, the larger gap will concern Hispanic students, whose admission numbers are now limited and whose growth in the population is increasing significantly.

In the most recent six-year period for which data are available, nearly two-thirds of all African-American/Black applicants and half of all Hispanic applicants have Since at least 1986, when the ABA Task Force on Minorities in the Legal Profession been denied admission by every ABAapproved law school published its to which they have report, the bar has The bar cannot increase applied, compared to been committed its diversity if the diversity just one-third of all to increasing its Caucasian applicants. diversity. That of law school admissions This has occurred despite report concluded, does not change. improvements in the “An objective entering credentials of assessment leads these applicants, an increase in the number to the inevitable conclusion that the legal of law schools and the number of available profession remains largely segregated…” first-year law school seats, and an increase and called on the bar for further action. in both overall law school enrollment and Results since are limited at best: In 2000,

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the enrollment of other minority groups. The pipeline to law school leaks and narrows so severely that, under current operating assumptions and approaches, there are insufficient numbers of qualified (again, under current norms) applicants to approach the diversity of the population by 2028—the twenty-five year window Justice O’Connor offers in Grutter. To say that current law school admissions cannot achieve this is an understatement, making parity—as the bar itself has said— unforeseeable. What Education Research Tells Us More so than other sources, education data crystallize the enormity of the challenges we face. While the research is clear, identifying what to do with the information and how best to respond is a less precise endeavor. The achievement gap between Caucasian and Asian students and African-American/ Black, Hispanic, and American Indian/ Alaskan Native students, starts early, is large, and remains essentially unchanging. For academic subjects of particular interest to the legal community, the numbers of underrepresented minorities performing below basic are disturbing and not improving. By way of illustration, on average African-American/Black seventeen year olds read at the level of thirteen-yearold Caucasian students. The numbers for writing, history, and civics show similar patterns for underrepresented minorities. The education research highlights the importance of the new 3Rs—rigor, relevance, and relationships. The new 3Rs are less available on almost every measure to students in high minority/low income schools, resulting in a system that places students at risk. Underrepresented minority students have fewer qualified teachers, fewer counselors, and fewer opportunities for rigorous course work. Fewer underrepresented minority students continued on page 5

Center for Racial & Ethnic Diversity

Countering the Economic Downturn By Fred W. Alvarez, Commission Chair

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ince the ABA 2010 Midyear Meeting the Commission on Racial and Ethnic Diversity in the Profession has been looking at existing research from sources such as PricewaterhouseCoopers, the Hispanic National Bar Association, the ABA Commission on Women, and the National Association for Law Placement to track how the economic downturn is impacting diversity efforts. This, along with other information, is being used to guide and develop programming initiatives that assist the development and success of minority lawyers in the legal profession. Current initiatives include: • Development of CLE programs addressing law firm deferral programs and the impact of such programs on diverse lawyers and communities during the ABA’s Annual meeting;

• Development of a joint venture with the Minority Corporate Counsel Association, ABA Bar Services, and other internal and external entities to encourage bar associations to adopt unpaid or paid legal fellowship programs for underemployed/ unemployed minority lawyers; • Development of a diversity initiative focusing on the JAG corps. The goal is to increase hiring, retention and promotion of minority lawyers in high ranking positions within the JAG Corp of the various military branches; • The Commission’s Minority Counsel Program, which recently met for its Spring meeting in Chicago, is targeting laterals, senior associates and junior partners by developing a “business development” series. The goal is to equip minority lawyers with the tools, skills and networking opportunities needed to

develop their own rolodex of clients and increase their value within their firms and the larger legal market; • Retooling the ABA’s National Conference for the Minority Lawyer. This annual CLE conference is jointly sponsored by the Commission, the ABA Business Law Section and the ABA Section of Litigation, as well as bar associations. Programming is designed for minority law students and minority lawyers in practice ten years or less. For the next conference, Commission leadership has proposed: 1) A focus on career advancement in light of the current economic environment; and 2) Convening representatives from the national minority bar associations to identify ways to address the professional challenges of their minority constituencies.

Pipeline Council Offers Expertise and Leadership— Co-hosts LCLD Conference By Ruthe C. Ashley, Pipeline Council Chair “A Study and Assessment of the State of n Spring 2010, the Leadership Council the Legal Pipeline,” followed by a panel on Legal Diversity (LCLD) approached response with Lee Arbetman (Executive the ABA Council for Racial and Director, Street Law, Inc.), Cassandra Ethnic Diversity in the Educational Ogden (Executive Director, Council on Pipeline (Pipeline Council) requesting Legal Education Opportunity), Kent Lollis assistance and expertise in convening a (Executive Director, Diversity Initiatives, pipeline working session, with the goal of Law School Admission Council), Alex helping the LCLD to identify how it may Acosta (Dean, Florida International best put its resources to work on pipeline diversity issues. As a result, on July 22, the University College of Law), Francis Burch (DLA Piper Global Board of Directors) Pipeline Council, together with the LCLD, and Teri McClure (Senior Vice President, hosted some 65 participants for a dayGeneral Counsel and Corporate Secretary, long, invitation-only pipeline conference UPS LLP). featuring two keynote speakers, two panel presentations, and lively discussion on The luncheon keynote address was given increasing diversity among students in the by James O’Neal (Executive Director and educational pipeline to the legal profession. Co-founder, Legal Outreach). The final panel presented a strategies discussion The conference brought together featuring Christopher Johnson (Incoming a select group of legal professionals, Chair, Pipeline Council and Director, the including managing partners, general Thomas M. Cooley Law School’s L.L.M. counsels, academicians, and law school program in Corporate Law and Finance), deans. Presenters included Professor Mary Snapp (Incoming Chair, MCCA Conrad Johnson, Columbia University, Board of Directors), Sarah Redfield who framed the day’s discussion with

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(Chair, ABA Pipeline Council Education Committee and Professor, Franklin Pierce Law Center) and JoAnne Epps (Dean, Temple University Beasley School of Law). As you may know, the ABA Pipeline Council is charged with increasing knowledge and understanding of the vital importance of the educational pipeline to the diversity of the legal profession. Essential to this work is our ability to collaborate with key stakeholders, to develop strategies and to coordinate efforts to increase diversity in the educational pipeline. The LCLD is an organization of corporate chief legal officers and law firm managing partners dedicated to creating a truly diverse legal profession. Former ABA President Robert Grey Jr. is the executive director. The joint conference with the LCLD was a unique opportunity for meaningful discussion on pipeline diversity with high-ranking leadership in the legal profession who are change-makers. Center for Racial & Ethnic Diversity

What It Takes Editor’s Note: The ABA Center for Racial and Ethnic Diversity has co-sponsored its first book with ABA Publishing: What It Takes: How Women of Color Can Thrive Within the Practice of Law, by Monica R. Parker. Besides helping to promote an up-and-coming diverse author, our cosponsorship of this book will also generate revenue for the Diversity Center. For both of these reasons—and because it’s a worthwhile, practical resource—check out the book and buy several copies for the young lawyers in your life. The following is an excerpt from What It Takes.

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will lobby for you. When you start your career, it may feel like you have so little control. Take advantage of the things over which you do have control.

Do good work Every single lawyer I talked to preached about the importance of doing good work and doing it in a timely fashion. If you do good work, partners will remember you the next time a juicy project rolls around and

If you do good work, when you make mistakes, because you will make mistakes, that good work gives you a cushion, a margin for error. A partner is more likely to say, “Well, Sally, has always done a good job for me before. Everybody makes mistakes.” Versus “Every time I give Sally a project there are always errors.” That’s

ake no mistake. We’re going to get into who you should network with, the importance of building relationships, joining committees, and things like that. BUT it is, has been, and always will be about the work.

when you become “Sally who?” the next time there’s a good project. So we get it. Do good work. No task is too small. The primary question on your mind is how do you get good work? Yes, yes, we know how to get the crappy projects. (Just wait for someone to stop by your office with them.) But how do you get the good stuff? It all starts before you’re even a summer associate. …

Value Proposition continued from page 1

constantly reminded, prodded, and pushed into delivering results. Once the reminding, prodding and pushing faded, so did the diversity efforts. Quid pro quo does work, but it is limited in its effectiveness because it requires an intense amount of constant effort from the organizations that are asking for the diversity and because it prioritizes hiring over retention. A value proposition for diversity and inclusion moves beyond the business case for diversity and articulates why diversity and inclusion are good for the organization in ways that the organization would want to reach for them without reminding and pushing and prodding. Where the business case pushed organizations toward diversity, the value proposition pulls organizations toward diversity and inclusion. It is the difference between forcing and persuading. So, how do we articulate the value proposition for diversity and inclusion in the legal profession? By nature of the fact that different people value different things, value propositions need to be flexible to account for context and specific concerns. The following components, however, should generally be included in value propositions for diversity and inclusion in the legal profession: 1. Local, national and global demographics are changing rapidly. Voices that represent what our future will look like are necessary at the table today in order ABA Diversity Voice

for us to make the best decisions for our organizations. A solid representation of diverse perspectives is necessary for survival and for competitive advantage, regardless of your industry and regardless of your clients. (Bendick and Egan Economic Consultants) 2. Groups comprised of diverse perspectives engage in a more thoughtful deliberation of facts, and they arrive at better and more accurate conclusions. Diverse groups make better and smarter decisions than homogeneous groups. (The Wisdom of Crowds by James Surowiecki; American Psychological Association) 3. Effective leadership requires the ability to seek diverse perspectives and integrate those diverse perspectives into leadership decisions. A lack of diversity in your organization disables your leaders from leading effectively. (Blink by Malcolm Gladwell) 4. Diverse and inclusive organizations are so much more attractive to the younger generation of professionals that a diverse organization spends far less in recruiting and hiring the best and the brightest of the new talent. Diverse and inclusive workplaces become “workplaces of choice” for all talent, not just diverse talent. (The Athens Group) 5. The workplace initiatives that sustain diversity and inclusion in the workplace 4

actually work to retain all top talent in the workplace. Diversity efforts benefit everyone because inclusion includes everyone. 6. And, yes, your clients want organizations that have all of the above because your clients want you to have productive teams that are maximizing their productivity because they are in inclusive work environments. So, diverse and inclusive organizations are more attractive to their current and potential clients because clients want the best that is out there. 7. Even in the public sector where clients do not often get to choose who represents them, your ability to be excellent is dependent on the multitude of diverse perspectives you can lean on to inform your own perspective and decisions. The value proposition for diversity is far more complex than the current business case for diversity. That said, the value proposition for diversity is also far more effective in getting us to sustainable diversity than the current business case for diversity. Dr. Arin N. Reeves chairs the ABA Diversity Center’s Joint Publishing Initiative (JPI) editorial board. She is the founder of The Athens Group, a Chicagobased consulting firm specializing in diversity and inclusion strategies for organizations. Center for Racial & Ethnic Diversity

Pipeline Primer

continued from page 2

participate in gifted programs or take AP courses; and more are tracked into general curricula (compared to academic). Underrepresented minorities are often less well advised, and less likely to attend college. Those who do attend college are more likely to need remediation and thus more likely to drop out. In general terms, their comparative college GPAs will be lower, as will their LSAT scores. Improving the equitable availability of rigorous and relevant curriculum and relationship support can narrow the achievement gap and repair the pipeline so that a larger pool of students approaches the law school gates. Improving the availability of these new 3Rs is consonant with the existing strengths of the law community The “New 3Rs” The Gates Foundation has been a key voice in articulating the “New 3Rs.” It is readily apparent that the legal profession is uniquely positioned to fully embrace and promote this doctrine.

• Results: sometimes listed as a fourth R, suggesting the need to measure, evaluate, and re-inform pipeline work based on the data. This is an area where the work of the law community (and others) has been limited. What Do Successful Pipeline Programs Have In Common? There are many pipeline programs in the legal community—hundreds list themselves in the online ABA/LSAC Pipeline Diversity Directory (http://new. abanet.org/PipelineDiversity/Pages/ DirectoryHome.aspx). Successful pipeline programs share a number of common features. While by no means an exhaustive list, these characteristics are key components of success. Recognize the education reality and the depth of the issues dividing underrepresented minorities (AfricanAmerican/Black, Hispanic, and Native American students) from their Caucasian and Asian peers. Have clear and stated diversity goals.

• Advocate a laser-focused approach to the pipeline while highlighting the leaks in the pipeline and acknowledging their impact on the future diversity of the profession. Use the powerful voice of the legal profession to make clear that real change in the diversity of the profession depends on the future educational outcomes of today’s first graders. • Seek out those pipeline programs that have demonstrated records, recognize their achievements, and advocate for their replication. These programs should, as much as possible, impact all points of the pipeline, from early education, to middle and high school, and beyond. • Provide funding, in kind donations, or other supports for proven programs. • Adopt schools and partner with them on a long-term basis. • Look to other professions as inspiration and potential partners on pipeline diversity efforts. Professor Sarah Redfield chairs the Education Committee of the ABA Council for Racial and Ethnic Diversity in the Educational Pipeline. Among her publications, she has recently authored Diversity Realized: Putting the Walk with the Talk for Diversity in the Pipeline to the Legal Profession (Vandeplas 2009).

• Relationships: “all students need adult mentors who know them, look out for them, and push them to achieve.” The legal community has a great capacity— and indeed has already shown this in some of its programs—to provide intellectual capital and human resources to establish and support relationships with students as mentors, teachers, internship supervisors, and the like.

Involved with students in intense or extended ways.

Focus on the significance of high expectations and aspirations and incorporate the new 3Rs.

Call for Nominations

• Relevance: “courses and projects must spark student interest and relate clearly to their lives in today’s rapidly changing world.” One look at the newspaper, the Supreme Court’s docket, or today’s TV listings shows that the law offers engaging relevant subject matter.

Track their participants and their results, using their data to form and re-inform their work.

For more information, please visit: http://new.abanet.org/centers/ diversity/PagesRaymondPandSadie TMAlexanderAward.aspx

• Rigor: “all students need the chance to succeed at challenging classes, such as algebra, writing, and chemistry.” The law’s curricula and established teaching methodology—its “signature pedagogy”—by definition promotes rigor and sustains high expectations.

ABA Diversity Voice

Involve more than one segment of the pipeline—high school students with law students, with law firms. Emphasize and value partnerships.

How the Bar Can Help The organized bar can be powerful advocates for strengthening the educational pipeline to the legal profession. The legal profession has a natural affinity with many of the pressing issues of the educational pipeline and is ideally suited to be a powerful change agent. Below are a few practical steps the bar can take:

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Deadline: Friday, October 1, 2010

The ABA Council for Racial and Ethnic Diversity in the Educational Pipeline presents the Alexander Award to recognize exemplary leadership in pipeline work by an individual or organization. The award honors those demonstrating success working along the educational pipeline in a collaborative approach involving more than one segment of the continuum from kindergarten to high school to college to law school to the practice.

Center for Racial & Ethnic Diversity

“Stop Teen Violence: Time to Deliver” ABA Coalition on Racial & Ethnic Justice Town Hall Meetings By David A. Perkins, COREJ Chair

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outh between the ages of 10 and 24 continue to face various public health crises. A little known fact is that youth violence has become one of the major public health issues. Youth violence is the second leading cause of death for youth of color in America between the ages of 10 and 24. Due to these startling facts and statistics, the ABA Coalition on Racial & Ethnic Justice (COREJ) surmised that it was imperative that new models for addressing violence among youth of color was key to resolving these problems. To address the underlying problems and issues, COREJ decided to hold a series of three Town Hall meetings in conjunction with national civil rights organizations, community based organizations, the interfaith community, youth centered organizations nation-wide, and national, state and local bar associations and bar associations of color, and entities that had implemented programs and projects on youth violence.

COREJ has conducted two of the Town Halls and is preparing for the third. The meetings address the growing concerns of this country from both an intergenerational and multi-professional perspective. The goals of the Town Hall meetings are to: (1) organize and coordinate on a local and national level the experts and organizations that are currently involved in developing strategies to stop teen violence; (2) assist in developing a national plan of action for all cities that are grappling with the problems of teen violence; and (3) publish and distribute a directory and resource guide of the best practices and proposed projects and programs that address the problem of how to stop teen violence. The first in the series of Town Hall meetings was held in Chicago on November 20, 2009. It was an extremely successful event that attracted over 250

participants. Information regarding the Chicago Town Hall is available on COREJ’s website: http://new.abanet.org/centers/ diversity/Pages/SocialJustice.aspx. The second Town Hall meeting was held in Detroit on May 3, 2010, at YouthVille Detroit. The Keynote Speaker was Dennis W. Archer (former Mayor of Detroit, past President of the ABA and former Michigan Supreme Court Justice). The Detroit Town Hall was exceedingly successful. It attracted over 350 participants and over half of them were youth of color. During the ABA Annual Meeting in San Francisco, COREJ will sponsor its final Town Hall meeting on Saturday, August 7, 2010, from 2-5 p.m. at the Golden Gate University Law School. Additional information about the Resource Guide, may be obtained from Rachel Patrick, Staff Director, ABA Coalition on Racial & Ethnic Justice, 321 N. Clark Street, 17th Floor, Chicago, IL 60654, 312//988-5408, [email protected].

Research Corner - ABA Next Steps Report In April 2010, the ABA released its Presidential Report on Diversity in the Legal Profession: The Next Steps. It is accessible from the ABA Center for Racial and Ethnic Diversity’s website: http://new.abanet.org/centers/diversity. The following is an excerpt from the chapter “Trends, Disappointments and New Directions” in The Next Steps report.

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n examining the state of diversity in the legal profession, we have asked, listened to, probed, and embraced what hundreds of people have told us. Those voices— representing diverse experiences working to create a more inclusive profession—often expressed common themes. From the numerous meetings, conference calls, panel presentations, round table discussions, and personal or phone conversations, trends began to emerge. Shared disappointments in past diversity efforts and outcomes surfaced, as well. Encouragingly, the findings also reveal some paths that are charting new directions for the profession’s diversity journey. Trends • Relatively well-established diversity

ABA Diversity Voice

bar associations have now accumulated enough resources to institutionalize their programmatic work. Conversely, relatively newer diversity organizations operate on shoestring budgets, over-rely on individual charismatic volunteer leaders, or find it difficult to access collaborations with majority bar associations. Disappointments • All pertinent stakeholders agree that it is crucial to establish quantitative measures with which we can assess our progress and assign accountability. However, we must define these quantitative measures in a sophisticated manner that takes into account the multidimensionality and locality of identities. Moreover, quantitative measures alone are

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insufficient if they are not coupled with qualitative data drawn from direct communication with applicants, employees, and clients. New Directions • Understanding diversity work as ongoing and evolving rather than static allows for a different approach to programming which may circumvent diversity fatigue. Even as some forms of exclusion are ameliorated, others will persist, and new forms will emerge. If we understand equal access and inclusion as tasks uniquely charged to the legal profession throughout U.S. culture and history, diversity work is less likely to be viewed as incriminating and hostile, and more likely to be viewed as a core function of the profession itself.

Center for Racial & Ethnic Diversity