In May 2016, over dinner with Genius general counsel Ben Gross, the subject of the GC Diversity and Inclusion Report arose. Gross was very enthusiastic. ‘You should see what we’re trying to do at Genius. It’s early days but we really want this to be part of who we are. We looked around one day and realized we were essentially a bunch of white guys from Yale and we wanted to change that.’
The idea for the Denniston Fellowship originated from my own frustrations with other diversity and inclusion initiatives. We participated in a diversity summer internship program in 2013 where a law student spent a few weeks of the summer with a law firm and three weeks with our team.
Continue reading “Tom LaFrance, general counsel, GE Transportation”
Reflecting on the MCCA’s 20th anniversary, I do think there has been a significant shift in the last 20 years. I think that is as a result of the elevation in the role of the in-house lawyer; Ben Heineman, former general counsel of GE, is credited as the godfather who revolutionized the role of in-house lawyers.
He believed in hiring the best and wooing the best talent to his legal department. As a result of his model, GE lawyers are always considered to be at the top of the tree. More generally, perception of the role has shifted from mediocre at best to being considered at the top of your game if you are a GC at a Fortune 500 company. Today, in-house lawyers and general counsel have so much more power than maybe even they realize, particularly in regards to D&I where they can control a lot more.
The MCCA focus when we started was to diversify the profession and ask how corporate counsel can play a role in that. If you look at percentages now, they are still terrible. But if you look at raw numbers, they have significantly improved. The MCCA’s role was critical then for that reason and is equally critical now for a different reason. We see that overall numbers have improved because more people are going to law school, but what hasn’t changed is overall diversity at the top.
My focus and vision for the MCCA is that we need to change representation at the top. Overall applications for minority law students are now down more than the general population; if you parse that out, applications for Asian American students are down the most. When there are fewer people coming through the pipeline, there are less for recruiters to choose from. One hypothesis is that diverse people are looking at the equation of how much they would spend on law school, how much they would have to work in a law firm, and still see no chance of making it to the top.
In the US in recent years, we do have the highest number of firsts and trailblazers thanks to the legacy of President Obama: The first African American attorney general, first African American woman attorney general, the first Latina to the United States Supreme Court. There has to be change at the top and that’s true in law firms and companies as well. In serving consumers and shareholders they are not serving just Caucasian men and women, but the legal profession remains predominantly white. 84% of the profession are white, and 92% of the upper-echelon roles – top general counsel and equity partners – are white.
We are developing a number of new programs to tackle this.
Our survey, which was conducted in association with Vault, looked at the top 200 law firms in the US and how small numbers are for African American, Hispanic and Asian Americans as law firm partners. This program is to help partners at these firms formulate a strategy for business development and execution, where they can learn the skills required to continue to grow a book of business, because ultimately in law firms today that’s what matters. Many have shared that once you make partner there aren’t the same developmental resources available. That is why we will collaborate with those partners to provide access to professional resources where possible. We’re also giving law firm associates the opportunity to network with junior in-house lawyers to help in this sphere.
The c-suite program is an effort by MCCA in collaboration with prominent diverse Fortune 500 general counsels to effectively change the landscape of the legal profession at its highest levels. In order to achieve this goal, the suite program provides a platform for the senior leaders to achieve three sub-goals: identify, develop and promote talented diverse lawyers. The c-suite program is structured with panels, workshops and recruiters to achieve those three sub-goals.
I conducted similar programs before I took this role for the Asian American community. It doesn’t mean that if you attend this you will become a Fortune 500 GC. But it will give people information and skills so that they are ready when they get the call. We are working with influential people and reaching out to Fortune 500 GCs who can lend their names and muscle to the program.
There are key practical steps that every in-house counsel can take regarding diversity. Lots of Fortune 1000 companies have very small legal deptartments. Those lawyers can actually make a huge impact, as you can really look at the diversity of the law firms you are hiring and keep them accountable. The effects of this can be big, for example, if you are a small company that has ten lawyers, you probably won’t have huge amounts of transactions or litigation, but when you use outside counsel you are using them for larger matters. Well, as an in-house lawyer today you have much more power than you did 20 years ago. You can say you can have my work but I want to know I have diverse lawyers really working on my slate. It’s about making your counsel accountable and checking it is really happening.
Looking at this as part of our 20th anniversary next year as I feel we all need to be working together in the profession but one thing that it hasn’t happened is a concerted collective effort.
There are two perspectives for me with regards to sponsorship, firstly as a prior beneficiary of sponsorship and secondly, as someone who is now in a position to pass it on and sponsor others.
In startups and small private companies, promoting diversity doesn’t require a formal policy or structure. Diversity initiatives can take inspiration from the fluid, exciting and out-of-the-box thinking prevalent in these types of companies.
There has been a fair amount of experimentation and implementation initiatives following former Sara Lee GC Rick Palmore’s call to action in 2004, which led to the formation of the Leadership Council on Legal Diversity (LCLD), made up of GCs in the Fortune 500 and managing partners of major law firms.
Continue reading “Michele Mayes, general counsel, New York Public Library”
I have responsibility for global diversity for Mastercard. Our chief diversity officer reports to me, along with a team of four professionals. The origin of that comes straight from the top – Ajay Banga, our CEO, believes diversity should be the responsibility of someone with a global business leadership role.
Business wins when we welcome and embrace diverse backgrounds and perspectives.
When I was at Accenture, I managed all of our global outside counsel spend as well as our diversity and inclusion legal program. I love big law and NAMWOLF is not a play against big law.
BMO has a long history as a champion of diversity and inclusion – it’s a core value and a key priority for us. This includes diversity of perspectives, experiences, abilities, cultures and gender.
Continue reading “Caroline Tsai, deputy general counsel, BMO”
I think it’s absolutely critical for a company to embrace diversity and inclusion. At Salesforce, we operate in a very competitive industry – one that is evolving every day and where innovation isn’t a ‘nice-to-have’, but a business imperative.
To assemble an informed and representative perspective of the legal sector, our quantitative research went beyond considering purely the most senior legal figures in the United States.
It’s no secret that the United States takes diversity very seriously. Since the advent of the Bill of Rights – which in 1789 laid bare the basic personal freedoms, civil liberties and protections guaranteed by the Constitution – diversity and inclusion has been an evolving process.
In terms of gender equality, the point when women have children is still where the biggest drop off occurs. This is, however, not the only point, according to Vodafone Americas GC, Megan Doberneck.
One trend which emerged in the research conducted to support this report, was a much more serious focus on sponsorship and mentoring in the US compared with the UK and Europe.
Across the legal sector – from the partner level in private firms and general counsel in major corporates, right through to new recruits fresh out of law school – research shows that there remains barriers to entering and progressing through the sector for certain groups and demographics.
Kirkland & Ellis has returned to Freshfields Bruckhaus Deringer for another finance recruit, taking Jonathan Birks.
US firm Jones Day has promoted five to partner in London as part of a 47-strong promotions round, while New York outfit Cadwalader, Wickersham & Taft elected two in the City as part of a 10-strong cohort. Continue reading “US partner promotions: Cadwalader adds two as Jones Day promotes five partners in the City”
Partners at Ashurst have voted in favour of a single yearly profit payment to replace quarterly distributions. Continue reading “‘Overwhelming support’: Ashurst votes for annual profit payouts”
King & Wood Mallesons (KWM) has confirmed that today (22 December) its European arm has filed a Notice of Intention to Appoint Administrators with the court. Continue reading “KWM Europe files notice of intention to appoint administrators”
