"Diverse workplaces have stronger governance, better resilience, and more effective problem-solving abilities," writes Danielle Carr, president of the Association of Law Firm Diversity Professionals.
There are many false narratives about diversity, equity and inclusion (DEI) these days, but not much about what DEI really means. As president of the Association of Law Firm Diversity Professionals (ALFDP) I proudly step forward to join the growing number of individuals and organizations that are coming forward to reiterate why DEI is a core component of law firm operations. The answer is quite simple. Diversity is all the differences people bring to any setting, such as race, ethnicity, gender identity and expression, age, sexual orientation, ability, religion/faith tradition, and many others. Equity is about fairness and objectivity in processes, systems, and outcomes. To achieve this, systems and processes are examined and, where necessary, adjusted to ensure that everyone has a meaningful opportunity to meet their full potential. Inclusion describes an environment where everyone feels valued, respected, and supported regardless of their identities.
DEI is not reverse discrimination, quotas, hiring and promoting unqualified talent, artificial preferences, or a zero-sum game.
Who Benefits From DEI?
Lost in the cultural warfare around DEI and related topics is an understanding of who exactly benefits from DEI initiatives and that tearing down DEI initiatives will hurt everyone. Consider the following scenarios:
Janice is a first-generation law student. When Janice started law school, she felt alone and intimidated in an unfamiliar setting. Since she is the only person in her immediate family to pursue a legal career, the First-Generation Professionals group helped Janice feel like she belonged in law school and the legal profession. The group provided her with the resources she needed to thrive academically and socially. Her law school's DEI office created the First-Generation Professionals group for an increasing number of students like Janice, who were the first in their families to attend college and/or law school.
David experienced hearing loss when he was a teenager. He has grown accustomed to asking for accommodations that his schools have readily provided, but he was concerned that disclosing his need for accommodation when he applied for a law firm associate position would put him at a disadvantage. During the interview, he learned about different affinity groups, including one for lawyers and legal professionals with disabilities. The interviewer made it clear that every candidate could discuss whether they needed disability accommodation with them or with an affinity group member. This let David know that the firm was already prepared to support him in this way. The affinity group for lawyers and staff with disabilities was a DEI initiative.
Diversity Matters to Clients
How does your firm compare on diversity? Where are your competitors' strengths and weaknesses with Diversity? Use Legal Compass to compare firms on key metrics of race and gender diversity, and find out which firms are Mansfield Certified.
After 15 years in the Air Force, Louis pursued a lifelong dream of becoming a lawyer. In addition to re-adjusting to life as a civilian, Louis is trying to adapt to life as a new attorney. The law firm has an affinity group for veterans to help those with military backgrounds acclimate to their new profession and work setting and interact with others from similar backgrounds. The veterans' affinity group is supported by the DEI office.
Now consider this: Janice, David and Louis may all be white.
Even when DEI initiatives in organizations have focused on people of color and other marginalized groups, the benefits achieved on their behalf often apply to everyone. When law firms found that data revealed inadequacies in the hiring and retention of associates of color, they created policies and practices that would ensure more objective interviewing and professional development for everyone. Parental leave policies have been expanded to include adoptive parents and other parental roles largely as a result of LGBTQ+ advocacy efforts. When data indicated that lawyers identifying as women were less frequently placed in firm leadership roles, formal mentoring programs were established benefiting all lawyers in the firm.
Why We Need DEI
Diverse workplaces have stronger governance, better resilience, and more effective problem-solving abilities. In addition, Gen Z and Millennials, who make up new generations of law students and lawyers, agree DEI is important, and they expect their workplaces to be inclusive.
DEI is in place to address the harms and disparities that result from systemic barriers, unconscious bias, and discrimination. For example, in one revealing study conducted by Dr. Arin Reeves, 60 partners from various law firms were asked to evaluate a research memo prepared by an associate. They were all told the author was a third-year associate who had graduated from NYU School of Law, but half were told he was Black and the other half that he was white. Those who were told the author was Black identified significantly more mistakes in the memo.
This more critical assessment of the Black person's work product could have serious repercussions, from the entry-level vetting process to the performance and compensation review process. To help ensure that such disparities do not fester in the workplace, DEI professionals have adopted measures such as de-identifiable writing sample reviews and unconscious bias training.
Rolling Back the DEI Clock
Now, imagine entering a law firm where there are few, if any, DEI initiatives. Here, the atmosphere is unmistakably exclusive, with inequitable practices and policies, including:
- A one-size-fits-all approach for parental leave. Primary caregivers receive time off for newborns or adoptions, but secondary caregivers receive no leave. No ramp-up and ramp-down billable hours requirement is allowed for new parents, so their metrics for partnership promotion may be negatively impacted.
- No consideration for dietary restrictions or preferences. Meetings disregard dietary restrictions, leaving those with allergies, religious restrictions, or specific needs to fend for themselves. Employees are advised to eat before or after meetings to avoid disruptions, highlighting a culture prioritizing efficiency over wellbeing.
- Partnership ranks continue to promote homogenous classes of largely white, male, and economically privileged attorneys. They lack diversity and advancement to partnership favors a narrow demographic, perpetuating entrenched biases and excluding diverse perspectives.
- Mentorships and sponsorships are only for those who "match" leadership's homogeneity. Mentorship and sponsorship rely on connections rooted in shared backgrounds or interests. Underrepresented groups find limited support, hindering opportunities for professional growth and inclusion.
This kind of environment prevents law firms access to the rich, dynamic talent pool that rejects workplaces, cultures, and leaders that do not value inclusive practices. As Gen Z and Gen Alpha ascend into law firm employment, they will not tolerate the status quo. For example, consider that, the 2024 results of the Yale Law Women Top Firms Reports reveals that culture outranks, by nearly 30 percentage points, all other factors considered by law students when deciding both where to interview and from whom to accept an offer. It would be a shame to miss out on the best and brightest talent—and risk the collapse of our organizations—because our firms have not adapted to the realities of today's workforce.
A Call to Action
A few months ago, one of ALFDP's founders, Theresa Cropper, issued a call to action to the organization's membership. She challenged us to share our data and tell real-life stories about the day-to-day impact DEI work makes on the workplace. This article is intended to advance this effort. The work ALFDP's members and all others do to create/fortify systems and processes that improve work outcomes for all is challenging but necessary. Our clients demand it. Talent requires it. The success of the legal industry cannot be achieved with it.
DEI professionals are in the trenches every day. We experience our work's positive impact on the people and workplaces we support. All who do the work are encouraged to share their stories far and wide! These truths will enable more people to appreciate how and why DEI benefits everyone and make it clear that our institutions and the lives of those individually and collectively impacted will ultimately suffer if we allow false narratives to overshadow our collective impact.
Danielle Carr is the president of the Board of Directors for the Association of Law Firm Diversity Professionals (ALFDP), a nonprofit organization dedicated to advancing diversity, equity and inclusion (DEI) in the legal profession. With a distinguished career spanning more than two decades in DEI leadership within law firms, she currently holds the role of chief officer of inclusion at Lowenstein Sandler.
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