The economic downturn notwithstanding, law firms of all sizes, corporate legal departments, government agencies, and the public interest community, among others, continue to grapple with the cogent issues of recruiting, retaining and advancing a workforce which reflects a wide variety of perspectives and experiences; and with creating an environment in which, as a matter of course, difference is acknowledged, respected and leveraged to fulfill the needs of clients.
The first step for any organization that is sincere about its commitment in this realm is to gather as much information as possible about best practices for achieving diversity and inclusion objectives. There are many ways to gain knowledge sufficient to craft a substantive and effective approach. For example, some law firms and corporate legal departments hire diversity management consultants to perform needs assessments, provide guidance on important structural issues like creating a diversity committee, and give direct training to attorneys and staff. Another approach is to take advantage of well-developed educational programming, such as the Creating Pathways to Diversity Conference which the Minority Corporate Counsel Association (MCCA)—an organization whose stated mission is to advocate for the expanded hiring, retention, and promotion of minority attorneys in corporate law departments and the law firms that serve them—sponsors annually.
The ABA And State Bar Associations Set A Good Example
In addition to the typical array of services bar associations provide to their members, these organizations not only can validate the importance of the legal profession’s involvement in the diversity issue but also can educate their members and the legal community at large about the latest developments in this area. At the national level, a wonderful example was set by the American Bar Association (ABA) in 1986 when it adopted Goal IX as a part of its mission statement: “to promote the full and equal participation in the legal profession by minorities, women, persons with disabilities, and persons of differing sexual orientation and gender identity.” The ABA’s mission statement was amended at the 2008 Annual Meeting so that Goal IX, now Goal III, reads, “[e]liminate bias and enhance diversity.“
State and local bar associations have emulated the ABA’s embrace of diversity. One of the earliest efforts to foster greater diversity emerged from the Philadelphia Bar Association when, in 1993, it adopted a Statement of Goals of Philadelphia Law Firms and Corporate Legal Departments for Increasing Minority Representation and Retention. This Statement was a call for firms and in-house counsel to take specific steps to improve their record on hiring, retaining and advancing minority attorneys within their ranks.
In recent years, the Pennsylvania Bar Association, under the auspices of its Minority Bar Committee, developed a new program, which has both broadened the scope of the conversation about diversity and inclusion within the state and enhanced the quality of the discourse. During a meeting of the Minority Bar Committee in the spring of 2006, Prince Thomas, Special Counsel at Fox Rothschild LLP, first proposed the creation of a Diversity Summit, a forum which he envisioned would serve multiple purposes. First, it would allow organizations from different parts of the state, which had in place or were in the process of instituting diversity initiatives, to share information in a public forum about their experiences, successes and challenges. Another was to foster dialogue and mutual support among these organizations in furtherance of their common goal. Third was to produce a “report card”—essentially a progress report—on diversity efforts within the Commonwealth’s legal community, which could be updated on an annual basis and used between Summits as a blueprint for ongoing discussion of best practices and methodologies for promoting diversity and inclusion.
The Minority Bar Committee embraced Mr. Thomas’ vision and moved quickly to convene a Diversity Summit Planning Committee charged with converting the vision into reality. Samuel T. Cooper, III, partner at Dilworth, Paxson & Kalish LLP, agreed to serve as the Chairperson. Other members of the Minority Bar Committee volunteered to assist with this effort. In fact, the Diversity Summit Planning Committee itself was a testament to the value of diversity since it was made up of individuals from different parts of the Commonwealth who practice law in firms large and small, state and local government agencies, public interest organizations, and as solo practitioners. The agenda spoke to the unique set of circumstances lawyers across the state encounter on a daily basis due to, among other things, geographic location, local customs and traditions, and changing demographics of the counties in which they practice.
Diversity Efforts Coalesced In The Creation Of The Diversity Summit
The Planning Committee decided that the Summit would unfold as a series of panel discussions over the course of one day. They selected as a theme “Overview of Diversity in the Legal Profession: Making It Real in Pennsylvania.” The group invited key leaders from across the state to serve as speakers on panels representing five sectors of the legal community: State and Local Bar Associations; Minority Bar Associations and Committees; the Judicial, Legislative and Executive Branches of Pennsylvania Government; Educational Pipeline Programs; and Law Firms and Corporate Counsel.
The inaugural Diversity Summit took place in Philadelphia on November 29, 2006. More than 200 lawyers and judges attended. A networking reception that followed the panel discussions allowed attendees to share personal reactions to the Summit, debate some of the issues raised, meet some of the speakers, exchange contact information and otherwise get to know one another.
The second Diversity Summit, which was held in Philadelphia on October 23, 2007, built upon lessons learned from the first. Its theme was “Pathways to Legal Careers: Best Practices for Hiring and Retaining a Diverse Legal Workforce.” The format, slightly revised to ensure that the voices of all sectors of the legal community were expressed, included panels on Public Interest and Legal Services. Coincidentally, that year Pennsylvania Legal Aid Network (PLAN), an organization which funds and supports the Commonwealth’s legal aid programs, was celebrating the 15th anniversary of its Martin Luther King, Jr. Summer Internship Program, a pipeline diversity endeavor. The Summit Planning Committee and PLAN’s leadership decided to join forces and incorporate elements of this celebration into the lunchtime segment of the Summit agenda. By mutual agreement, the featured speaker for the luncheon was Juan Williams, renowned journalist from National Public Radio and author of Eyes on the Prize: America’s Civil Rights Years, 1954-1965. Mr. Williams not only shared a wealth of knowledge about current affairs but also provided an important historical perspective on diversity from the vantage point of the Civil Rights Movement.
The 2007 Summit’s afternoon sessions basically mirrored those from the previous year. In response to demands for more audience participation, the final panel of the day was made up of individuals who had earlier served as moderators. They fielded audience questions and answered them on the spot, or cited potential resources, which might be of assistance. This allowed for a candid, free-flowing conversation.
The Third Annual Diversity Summit once again was convened in Philadelphia on October 2, 2008. “Diversity and Inclusion: What Works?” was the chosen theme, emphasizing tried and true methods for promoting diversity and inclusion. Essentially, the same topical panels formed the core of the program although for the first time, the afternoon panel about law firms directed attention to diversity and inclusion issues which solo, small, and mid-size firms typically confront. In addition, audience members had more time to ask questions. To further one of the Summit’s major goals, five law students from Pennsylvania schools were invited to serve as scribes; their job was to capture the essence of the panel presentations by taking notes throughout the day and converting them into brief reports for submission to the Planning Committee. This was the first step toward developing a progress report on statewide diversity efforts. The students also were asked to share their personal reactions to the Summit so that the Planning Committee could gain a better understanding of the next generation’s viewpoint.
The Conversation Continues
By all accounts, the Pennsylvania Bar Association’s Diversity Summits have enhanced statewide interest in and dialogue about diversity and inclusion within the legal community. As a result, local bar associations that are just beginning to develop diversity initiatives are communicating with and emulating the methods of those with successful programs already in place. Furthermore, ever mindful of the fundamental tenet that top-down commitment to embracing diversity and inclusion is critical to the success of any organization’s diversity effort, the Planning Committee is most grateful that all of the individuals who served as president of the Pennsylvania Bar Association over the past three years—Kenneth J. Horoho, Andrew F. Susko and C. Dale McClain—actively demonstrated their support for the Summit by their presence and by making substantive welcoming remarks.
Even though each Summit focused for the most part on activities occurring across the state, each keynoter shared information about current developments in the field of diversity from a national vantage point. In 2006, the business case for diversity was explored by Doug Gaston, Senior Vice President and General Counsel of Comcast Cable. In 2007, Lydia Hernandez-Velez, then Community Relations Executive and Senior Vice President at Wachovia, provided an insider’s view of policies and practices adopted by Wachovia in furtherance of its diversity objectives. Luke Visconti, co-founder of DiversityInc magazine, opened the 2008 summit with comments about diversity’s cross-industry, global application and explained its connection to other important public policy issues.
The Pennsylvania Bar Association’s Minority Bar Committee believes that the annual Diversity Summit has expanded the breadth, scope and depth of conversation about diversity and inclusion across the state and looks forward to sponsoring this event for years to come.
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