The Honorable Mark D. Poindexter, Administrative Law Judge, Wash DC
I must first make a disclaimer. I am by no means an expert on minority recruitment and retention by private law firms. I did spend several years, however, working with a large international law firm prior to being appointed as an administrative law judge. While at my firm, I was also able to participate heavily in its recruiting activities, particularly with regard to summer and first-year attorney hires. Based in part on that experience, and in even greater part on my general experience as an African-American lawyer, I have been asked to share my thoughts on minority recruiting and retention strategies.
The concept of minority hiring and advancement, particularly in the private legal sector, is a long-standing one, and, generally, has been well-received. Most law firms recognize that, aside from the sometimes nebulous aspirations of "social development," it just makes good business sense to have a diverse workforce to assist in meeting the needs of an increasingly diverse clientele.
There continues to be a gap, however, between the well-received concept of hiring and developing minority lawyers, and the actual execution of that concept in the workplace. In a recent report, the American Bar Association listed some fairly sobering statistics and observations including:
- According to the 2000 U.S. Census, minority representation among lawyers is about 9.7%, and significantly lags behind that of other professional employment, including accountants and auditors (20.8%), physicians and surgeons (24.6%), and college and university educators (18.2%);
- Across the nation, minority representation among partners remains less than 4% in all but the largest law firms, and only 4.4% in the nation’s largest 250 law firms. Minority representation among corporate general counsel is only 4.3% in Fortune 1000 firms; and
- When making initial employment decisions, law firms tend to be quicker to question the academic credentials of minority candidates than whites’. And, if hired, minorities in law firms suffer from a lack of access to clients and business networks outside of the firm.
Considering the small number of minority lawyers, and the documented challenges many of them face with regard to access and other opportunities in the legal field, law firms should pay increased attention to cultivating this important resource. A few basic concepts come to mind in furtherance of that objective:
- First, law firms simply must cast a wider net with regard to their recruiting methodology. While the top 5-10% students from the top 5-10 law schools may have a certain panache, it sharply, and in my view unnecessarily, limits the types of students coming in the door. While firms certainly should not sacrifice academic abilities, reaching out to other, accredited law schools with traditionally higher minority representation will help broaden the pool of candidates from which to draw in the first instance.
- Second, law firms must formalize their mentorship programs. I believe mentorship to be the single most important factor in the success of a law firm attorney. In many instances, however, this essential relationship is left to be largely an ad hoc exercise. As a result, minority lawyers, who are relatively new to the law firm environment and the rules of engagement therein, are often placed at an immediate disadvantage. Having a well-conceived, written mentorship policy and coordinator, along with allowing billable hour credit for mentorship activities (much like certain firms permit for pro bono activities), will help greatly in actualizing the incredible potential of a true mentorship program.
Finally, living and working in the political town that is Washington, DC, I have come to realize that perception, as opposed to reality, often wins the day. Despite the breadth of its recruiting activities, despite its gilded mentorship and minority attorney development policies, if a firm is perceived as unwelcoming to minority candidates, those efforts ultimately will be unsuccessful. The solution? Some good, old-fashioned PR. If a firm is making the extra effort with regard to minority recruitment and advancement, it needs to let folks know about it. Bar association presentations and articles, community outreach meetings and clinics, sponsorships of scholarships and other activities of minority concern will go a long way toward getting the message out that the firm’s commitment to the diversity issue is more than just talk. Moreover, these efforts will undoubtedly attract the best and brightest minority candidates who will take pride in being a part of such a forward-thinking institution.
Having said all this, I must underscore that there is no magic bullet here. The stark disparity in minority representation in the legal field is historical in the making, and will require time and sustained efforts to rectify going forward. As former President Clinton once remarked, while "we may have torn down the walls of segregation, there are still a lot of walls in our hearts, but we have to test them against our habits." The ideas outlined in the most skeletal form above create a framework for acknowledging and then re-shaping those "habits" where necessary. And I believe there is significant value for the recruitment and retention of minority lawyers even in that most basic first step.
About the arthor: Judge Poindexter was appointed to the District of Columbia Office of Administrative Hearings in 2001, and currently serves as Deputy Chief Administrative Law Judge. Prior to his appointment, Judge Poindexter was in private practice with the international law firm of Squire, Sanders & Dempsey LLP, where he specialized in complex litigation and governmental affairs.
