Diversity is great for business: it makes the team richer and drives innovative thought. A team composed of so many different perspectives can view problems from all different angles.

There has been a movement among lawyers for years to improve diversity, equity and inclusion. I have been practicing law for over two decades and the fact that we still need to have this conversation proves that the needle has not moved far enough.

Caught on tape

Right before the pandemic hit, there were a lot of discussions around DE&I in all fields, including the legal profession. Over the last two years, there has also been great social unrest and social justice campaigns that have forced societal inequities to come into the light.

The experience of the African American person – irrespective of economic status – is pretty similar, so what happened with George Floyd was not news to anyone in the community – but it was news to people who live outside of the community. From a social injustice perspective, it highlighted to people outside the community what has been happening on a regular basis. The fact that the incident was caught on tape was what galvanized the movement.

People in corporate America also started to take notice and question: ‘Why is representation of people of color not reflecting the national population?’

This is leading to a lot of productive conversations that we did not have before, for example, conversations around children of color and what opportunities they are being exposed to from kindergarten all the way up to college. There is also a real discussion around why law firms and companies struggle to retain diverse staff.

Casting a wide net

One thing I have always been passionate about is retention. This seems to be a problem that many law firms face. In my experience, when minority associates hit their fourth or fifth year in law, many of them choose to leave their jobs. Some decide to move in-house, whilst others choose to leave the profession completely.

As a profession, we need to make changes and address why this is happening. I would love to see law firms invest more in their diverse associates. It is not enough to hire them; firms have to be intentional in investing in their progress.

This requires a lot of work, and it is not about ticking boxes. It requires real commitment and investment from every facet of an organization. When employees feel as if they belong to a team, they tend to not only be happier, but are more willing to be an advocate for the law firm or company.

Similarly, hiring also needs to be intentional when attracting diverse talent. Although I do believe that the best person for the job should always be hired, executives and boards need to make sure they are casting a wide enough net to attract people from different backgrounds and experiences.

The truth is, you do not have to have a specific target when you cast a net for a job. I like to bring in the best candidates and, if the net is cast wide enough, that should also include a diverse pool of lawyers. This is what I have done and, in my department, we have a mix of age groups, ethnicities and backgrounds.

The go-getter

In the legal profession, I believe all women face a certain level of gender discrimination when entering the workforce. Women are generally viewed as weaker and not aggressive enough. Their skills and abilities are constantly questioned. Even though this is unfair, it is the reality that women in the legal profession have to face.

However, when it comes to women of color in the legal profession, discrimination becomes twofold. Not only are women of color faced with gender bias, they are also faced with racial bias associated with the diverse backgrounds they represent.

We have all heard of the ‘angry black woman’ trope. The perception that women of color can be ‘too aggressive’ when choosing to be assertive is very unfortunate. When a majority male is in the same situation, their aggressive attitude is considered an asset, and that person is perceived as ‘a go-getter’.

What navigating this stereotype means for women of color is that unless you are working with a team of colleagues who are progressive and forward thinking, you have to be aware of this perception.

For example, when I was in private practice, I was setting my materials down in a conference room filled with white men. This was fine and not a problem, I was ready to do my job. But as I entered, one of the white gentlemen asked me to get some coffee.

I said: ‘Absolutely, I will call my assistant to get us some coffee. Would you like her to bring anything additional, such as creamers or tea? We can have her come in and do that for us, while we get down to business.’

My hope for the future is that people will think twice before making an assumption.

Moving up the ranks

The way I have managed to overcome the barriers faced by women of color in the legal profession has been by having purposeful conversations and building meaningful relationships. Having authentic conversations with colleagues is so important. Once things become personal and you share stories about your kids and family, it is very easy to build purposeful connections.

In fact, I believe building meaningful relationships is more important than having a mentor or networking. The terms ‘mentoring’ and ‘networking’ are a little too casual. What is better than a mentor is being able to build a relationship with someone who is willing to invest in your upward mobility.

In law firms, when a partner really wants to invest in an associate, there will be invitations to dinner, invitations to play golf and invitations to parties. Once you break bread with someone and talk about your children, pets and life, people open up and become engaged.

The same thing is true in the corporate environment. It is beneficial to take the time to get to know people on a personal level. Individuals are more willing to invest in your career progression if they feel connected to you. I tell all my young associates to be their authentic selves at work. It is the only way to truly succeed and progress your career.

You can be replaced

Also, it is really imperative for young associates to understand that expectations need to be managed. This might be a bit controversial, but having a job is a privilege and there should be no expectation that ‘this job should be mine’. This job is only mine because I do it well and I am happy to have it. Just like anything else, this job can be lost.

While I think my talents are appreciated, none of what we do in any field is rocket science and I am easily replaceable.

I do believe that people of color, and people in majority firms and corporations, need to learn a bit of flexibility. Change is difficult, but holding the view that we should run operations a certain way because ‘that is how we have always done it’ is unproductive. It is also a very inflexible way of doing business. If attorneys and business professionals open themselves up, they may find a better way of doing business, which may also be more inclusive.

Diversity, equity, and inclusion can mean different things to different people, but to me, as a woman of color, it means that all voices are heard, and all voices get the opportunity to contribute. It is also about seeing people like me in positions like mine.

An awakening

Over the last two years, the whole world has been reminded that life is short. One of the many things that the pandemic did was to shine a light on the realities that we have been experiencing as women and people of color.

Especially in the United States, but also around the globe, there has been an awakening.

Race and diversity have come to the forefront. but, I want to make it clear that we, as the underrepresented, have always known that it was there.  Unfortunately, it took  the filming of blatant racial injustice and persecution to force others to see it.

Finally, those in the majority and in seats of power have started to recognize the disparity and inequity facing underrepresented minority groups. So, the shift we are seeing is that others are listening, and that is manifesting itself in invigorated and new efforts by law firms and corporations to make DE&I a priority.  It is an new embracing of diversity initiatives and goals.

However, time will tell if that intent to change will become a reality.  Unfortunately, attention spans and societal memory is often short, and we need to make sure that initiatives to fight injustice and inequity do not become a forgotten fad. Therefore, corporations like mine, law firms, and industry organizations need to set goals that accelerate DE&I and invest in those programs for the long-term and at all levels.

When they bet against you

To be a Black female lawyer is to face, head on, every single day, micro and macroaggressions – and to constantly prove people wrong when they underestimate your worth and talent.

Growing up, my mother would often tell me that I would have to work two, three or even four times harder than others for half the recognition, because people would see my race and my gender, and they would bet against me.

I always knew that to get to where I wanted to be, there was going to be a lot of fighting and hard work. I could tell you a lot of stories about my hair getting touched, people thinking that I was in the room to serve the coffee, and so on.

But the most important thing is to keep going and to be resilient. Although progress can feel very slow, if you continue to be resilient, the contributions you make will help propel the DE&I movement forward. The hope is that one day, the representation we see at firms and companies will reflect that of society.

Change will happen if you continue to show up.

You are good enough

It is important for women of color to ignore that little voice in their head that says ‘You do not belong’ and ‘You are not good enough’. My main advice is do not invite it in – it has no place in your journey.

There is an unfortunate statistic showing that women and people of color will hesitate to reach for a goal or apply for a job unless they think they meet the criteria for that job perfectly. Unless they meet all of the job requirements, they simply will not apply. Whereas a cisgender, heterosexual white man will apply for a job even if he only meets a few.

It is really important that you believe that you are good enough. If you are fighting for change and are doing the work to push your career forward, regardless of what anyone else is saying, you need to trust your own competence.

One of my favorite analogies comes from world champion racing driver, Mario Andretti. When a journalist asked him how he was able to win so many races, Andretti said: ‘Don’t look at the wall.’

If we, as lawyers of color, are always focused on challenges – the wall – we lose sight of our destination.  It is far more productive to focus on what you are doing, and where you are going.

Be the change

I am very passionate about breaking down the barriers that exist for women and underrepresented groups. As companies, and as a legal profession, it is crucial to understand the need for varied perspectives.

As the Chief Ethics and Compliance officer at MSD, diversity, equity, and inclusion are a big part of what I do. Broadly, we are ingraining DE&I into our company’s ethos. We are fostering a culture of inclusion and making it part of people’s performance evaluations. You cannot be a good leader unless you embrace DE&I.

More specifically, we have very clear diversity initiatives and staffing policies with respect to our legal network. When working with law firms, we incentivize them to embed diversity into their teams. And, we have diversity awards that we present to counsel who reach our agreed diversity goals.

The goals we set are specific to each law firm and are based on what the firm is lacking. Are you lacking in female representation? Are you lacking in Black representation? Are you lacking in Asian representation? From this, we set diversity goals that the firm must reach. A financial incentive is also included for those firms that reach our goals.

Aside from that, within our company, we provide networking opportunities and mentorship programs to our underrepresented ethnic groups. We partner our internal talent with external talent at law firms to provide more opportunity to build skills, and broaden career resources inside the firm and company.

The most important thing about making DE&I a priority is putting KPIs in place. Making sure that we have something tangible when we discuss diversity initiatives is paramount. From a business perspective, it pays to have diversity and diverse perspectives in the room.

Work in progress

There is still a lot of work that needs to be done and a lot of opportunities to create in order to have a more equitable legal profession. I believe that law firms and corporations need to develop formal programs and not just passively hope change is going to occur organically.

Part of changing things is providing people with access to someone they may not otherwise come across within their own social circle, for example, providing access to members of a board of directors. It is important to meet individuals at the top who can advise you on how to develop your own career during your professional journey.

We also need to provide people with the skills that they need to be successful.  For example, at law firms, young lawyers should be taught how to win business and how to talk to clients, and they should be provided with opportunities that will prepare them to become a law firm partner one day.

Keeping track of who is provided with which opportunity is key to holding each other accountable. It is important that companies keep track of what roles women and people of color play in the workplace – and make sure there is a conscious effort that they are given the same opportunities as others in the team.

DE&I is a team effort—everyone must play their part.