February Program Recap — Diversity and Business Development: Answering the Big Questions

"The legal industry seems like one of the last places in the United States where it is acceptable for white men to make up 48 percent of associates, but 78 percent of partners," McKinney said.

Before joining Chicago-based Akina, McKinney taught, conducted research and led organizational change efforts in the field of higher education. Both McKinney and Trout hold graduate degrees from Indiana University. McKinney earned a Ph.D. in higher education and Trout holds an MBA in marketing and information systems.

Akina began working with law firms in business development and sales consulting five years ago. In response to more recent client inquiries from their clients on how they could credibly answer RFP diversity questions, the company spent six months talking to law firms, diversity directors, law firm professors and affinity groups.

Changing Models

Some of the difficulties in addressing diversity, the consultants said, are that people disagree on what diversity means; they lack consensus on what a fully diverse firm is and all people bring their own biases to the table.

"Diversity typically has been built on a scarcity model that focuses on numbers," McKinney said, "and on a shame and guilt model." He said that approach has worked at times, but not now.

"We prefer the concept of multicultural competence that focuses on all those things that bind us together, not on differences," McKinney said. That view stresses abundance – not scarcity – focusing on culture instead of just race and gender.

"It's about how we communicate with each other, how we learn, how we interact, non-verbal communication, religion, where we are from, and our socio-economic backgrounds," he said. It considers the perspective of both individuals and organizations, he added. "Until you are really self-aware about your own background and assumptions, it is difficult to understand the cultural backgrounds of other people," McKinney said.

Systems Are Missing

Though law firms have focused on hiring, retention and on awareness training, Akina believes they have had less success in assimilating associates. "What's missing are solutions at the systems level for changing policies to meet people where they are," McKinney said, "instead of putting the responsibility totally on the person to meet the firm where it is."

To make those kinds of changes, Trout said, firms need to realize that "the color of diversity is not brown or white or black or yellow, but green." Partners need to understand that a lack of multicultural competence will cost them money and will become as much of a threat to the firm as any other poorly handled business function.

"Clients are telling law firms that a diverse team is the best team -- the one that will bring the best results," Trout said. He says clients are less concerned with numbers than with the fact that diverse teams have a wealth of experiences, ideas and backgrounds.

How Firms Do Their Work

Akina believes too many firms have developed diversity strategies that are independent of their firm strategies. "The work of each goes on parallel to the other, instead of being integrated," McKinney said. For instance, many firms fail to view diversity as a business priority.

More firms must focus on bigger questions, the speakers said. Does a firm's recruiting strategy look at enough schools in enough areas of the country? Do firms develop their pipelines by reaching far enough back into colleges and high schools? Are work assignments divvied up correctly?

Firms also should consider other issues, they said. Is flex-time handled appropriately? What about compensation? Mentorships? Are pro bono and multiculturalism efforts rewarded? Are associates given the leadership skills needed to become firm leaders? How is succession planning handled?

Buy-In and Key Messages

The most important part of achieving buy-in on multiculturalism or on any issue in a law firm is helping people understand what's in it for them, Trout said. Generally, 5 percent of any group will be willing to champion a cause; 15 percent will serve as allies who will not immediately risk political capital; 60 percent will be neutrals who may allow powerful people to sway them, and 20 percent will oppose an initiative either vocally or quietly.  "Don't ignore opponents," Trout said. "Ask questions to understand their interests and to identify who they are in your firm."

Marketers also need to concentrate on the various messages about multicultural competence they must convey to different audiences, the consultants said. Prospects and clients primarily want proof that a firm is multiculturally competent and diverse. Internally, firms need a systemic pledge of mutual respect and opportunity. Recruits want a welcoming and supportive environment. And, the law firm's various communities desire a commitment to opportunities for all.

But the bottom line, say the Akina consultants, is to stress commonalities instead of divisions.

Keith Picher is a former in-house legal communications professional, a member of LMA Chicago and a lawyer. He writes about legal issues and law firm professionals. He may be reached at keithpicher@sbcglobal.net or 708.452.3239.