Best Practice #7: Walking the Talk
Background: Concern was expressed at the meetings about a perceived disconnect between words and action, such that law firms hear clients say that they are committed to diversity but do not necessarily see clients awarding or withdrawing work as a result of specific law firms’ progress or lack of progress toward diversity goals. A key sticking point is that general counsel who cease to work with a law firm because of its failure to make progress on diversity typically remain discreet about their decision out of professional courtesy for the firm involved. Another source of confusion arises when law firms that feel they have made significant progress on diversity are not awarded work they believe they are eminently qualified to do. In response to this concern, general counsel pointed out that often the firm in question is being measured against other firms that also have made progress on diversity and also are well qualified. Thus when a law firm is not awarded work, it should not conclude that its diversity efforts have gone un-noticed: it may well not have been in the pool of finalists were it not for its diversity efforts. All in all, general counsel pointed out that progress on diversity does not guarantee that any particular firm will be awarded any particular piece of work, but that lack of progress on diversity does have consequences, even if the general counsel chooses, out of respect and the desire to preserve business relationships, to remain discreet.
Best Practice: Connection general counsel commit to having a direct conversation with the Chair, Managing Partner or relationship partner of a law firm when they decide to move work away from the firm due to lack of progress in retaining talented, diverse attorneys through flexible work arrangements and meaningful career paths—and to tell a firm when its progress toward diversity and flexibility goals tips the balance in its favor.
