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DIVERSITY IN LAW

In a field long dominated by the old guard, it can be hard for diverse attorneys to get a foot in the door, land opportunities, find their place among colleagues, and climb the ranks. Here’s why—and how—that needs to change.

Now perhaps more than ever, industries are redoubling their diversity, equity and inclusion (DEI) efforts to address entrenched imbalances in hiring, retention and advancement. This is true in the field of law, where diversity has historically been hard to come by—and where there is still a great deal of work to be done. Three attorneys, each active in their firms’ DEI initiatives, spoke to Crain’s Content Studio about the changes they hope to see.

How do you think the diversity landscape has changed in the legal field over the past decade?

Kim Walberg: It’s become exceedingly clear that not only is incorporating diverse lawyers into client teams the right thing to do, but there is also a clear business case for it. Corporate clients refuse to retain firms where diverse lawyers are not well represented. Moreover, research has shown that the incorporation of diverse input and perspectives yield better work product, which ultimately means better and more efficient client service. Finally, law firms recognize that a demonstrated commitment to diversity, equity, and inclusion is critical to attracting top talent from law schools and competing law firms.

Sharon Hwang: While there has been some progress at the associate level in law firms, there has been surprisingly little progress at the partner level, in firm leadership positions, or in corporate legal department leadership positions. In my field—patent law—the diversity landscape is even more challenging because patent practitioners need to have engineering or science backgrounds in order to properly serve their clients. There is a

Molly Sharma: Attorneys of color are vastly underrepresented in family law firms, especially firms serving higher asset clients. Also, attorneys of color are usually not in leadership roles. Being the only attorney of color in a firm can create a separate set of expectations for you, which can be a burden. A minority attorney is forced to wonder whether they’re being treated differently, and it can feel like a no-win situation. If they receive promotions and raises, it might be assumed that it’s because of their minority status. But if they’re paid less, which is statistically likely, they wonder whether that is because they are a minority. These are considerations that a white male attorney never has to deal with.

Kim Walberg: You can’t be what you can’t see, and for a long time, diverse lawyers did not see themselves represented in the legal profession— not in law school classes, among law firm partners, or on the bench. While the statistics show improvement, there is still a long way to go. The practice of law is hard, and when you add the implicit biases and microaggressions that diverse lawyers encounter daily, it becomes nearly impossible. Diverse attorneys need to work twice as hard to be perceived as half as good as nondiverse attorneys.

MOLSHREE SHARMA Partner Feinberg Sharma, P.C. molly@fsfamlaw.com 312-376-8860

commitments. Meanwhile, lawyers of color are often prevented from working on certain kinds of cases because of a concern that

SHARON HWANG

Shareholder and Executive Committee Member McAndrews, Held & Malloy, Ltd. shwang@mcandrews-ip.com 312-775-8113

“high-end” clients won’t be able to build rapport with them. And since lawyers of color are grossly underrepresented in leadership

KIM WALBERG

Partner Taft Law kwalberg@taftlaw.com 312-836-4164

roles and management, they are less able to shape workplace policies or have input on issues such as compensation and advancement.

WITH DIVERSITY COMES SUCCESS

“RESEARCH HAS SHOWN THAT THE INCORPORATION OF DIVERSE INPUT AND PERSPECTIVES YIELDS BETTER WORK PRODUCT, WHICH ULTIMATELY MEANS BETTER AND MORE EFFICIENT CLIENT SERVICE.” — KIM WALBERG, TAFT clear need for more women and underrepresented minorities in STEM, and those numbers have not changed much over the last decade.

When you add a requirement for a law degree on top of a STEM degree, the potential pool of diverse patent attorneys remains quite small.

What challenges do attorneys of color face when practicing law?

What do you see as the main barriers for women lawyers and lawyers of color to get promoted and get ahead?

Molly Sharma: Often women have fewer opportunities to become partners because they have more family responsibilities. The pandemic showed us that it was primarily women who had to reduce their work hours or even leave the workforce because of child-raising

Molly Sharma Esq., molly@fsfamlaw.com

DIVERSITY IN LAW Sharon Hwang: Diverse attorneys often have less robust support systems and may struggle to find effective mentors and sponsors to advance their careers. They often have to battle unhelpful stereotypes regarding leadership potential, particularly if their communication styles differ from what is considered the “norm.”

In a law firm setting, there is also an expectation of developing business, which can be difficult for diverse attorneys who may not have had the same opportunities to gain client development experience as majority attorneys. In addition, diverse attorneys may not have established networks of potential clients who are in a position to select counsel. It’s critical for law firms to be mindful about inclusivity in both staffing and succession planning so that clients are exposed to the work of diverse attorneys at their firms.

How did the pandemic affect attorneys from underrepresented groups?

Kim Walberg: The pandemic greatly exacerbated the historical challenges facing diverse attorneys, because “work from home” arrangements served to further marginalize an already marginalized segment of the workforce. Diverse attorneys benefit from being “seen” by their colleagues, both literally

and figuratively. The obstacles to social and cultural integration are greater when diverse attorneys can’t routinely interact with non-diverse peers. Moreover, the mentoring and sponsorship that are so critical to the advancement and retention of diverse attorneys are not as effective when carried out remotely. The inability of young associates to observe senior colleagues perform in court and with clients, coupled with the unavailability of colleagues to collaborate and answer questions, have created gaps in development and skills that now require additional time and resources to remedy.

Finally, with school closings, female attorneys faced great challenges balancing work and childcare responsibilities.

Sharon Hwang: With most firms working remotely during the pandemic, underrepresented attorneys who were already “less visible” struggled to gain experience and advance their careers. Those without strong existing networks found themselves even more isolated without the opportunity to meet in person. Studies show that women professionals have shouldered a disproportionate amount of the burden when it comes to family responsibilities during the pandemic, including caring for children due to school and day care closures, helping

with remote learning, and nursing sick family members back to health.

Can you speak about why law firms should prioritize equity and inclusion alongside diversity? For those who think they’re doing “enough” because they have a diverse workforce, why should they push further to focus on equity and inclusion as well?

Molly Sharma: Diversity must be prioritized for many reasons, one of which is simply practical: The demographics of America are changing. More than ever, clients come from various backgrounds with a multitude of experiences, and they benefit from attorneys who also bring different experiences—and

Sharon Hwang: Data shows that more diverse attorneys are being hired into law firms at entry level positions. However, the numbers of diverse partners (particularly equity partners, who participate in the profit of a firm) and diverse attorneys in leadership roles is still dismal.

Providing an equitable environment in which underrepresented attorneys are given the same opportunities as majority attorneys is important for attorney retention and to ensure the advancement of underrepresented

For example, in family law, which is intensely personal, context is extremely important in understanding the clients’ fears, reactions and goals.

Knowing cultural sensitivities around gender roles, reporting of domestic abuse, or financial choices can be the key to understanding how to approach a client, make them feel comfortable, and effectively represent their needs.

Also, diverse attorneys have diverse support systems and referral sources.

So having more diverse attorneys at a firm can expand its client base and network of professional support.

Sharon Hwang: Having a more diverse legal workforce benefits clients and firms by providing stronger teams, fresher perspectives, and better results. Failure to consider a multitude of perspectives can prove to be disastrous to a case, a deal, or

“DIVERSITY MUST BE PRIORITIZED FOR MANY REASONS, ONE OF WHICH IS SIMPLY PRACTICAL: THE DEMOGRAPHICS OF AMERICA ARE CHANGING.” — MOLLY SHARMA more creative solutions—to the table.

Equity and inclusion are essential to understanding what it is that minority attorneys are specifically seeking and how to best meet those needs. Many

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attorneys. The same goes for providing an inclusive environment where underrepresented attorneys have a “seat at the table” as well as leadership opportunities. Excellent leadership requires listening to a variety of perspectives, learning from those perspectives, and not being afraid to institute change where necessary. And it goes without saying that representation matters. Lack of diverse attorneys in leadership roles will have an adverse effect on attorney retention—both of diverse and nondiverse attorneys.

Kim Walberg: Diversity alone, which is nothing more than numbers and statistics, is not enough. Equity and inclusion, which focus on true cultural and social integration, must be prioritized just as highly as diversity if historical disparities are to be remediated. Law firms have made great strides on the numbers but must adjust their practices and policies to achieve inclusion and equity. Being counted as a guest at the party is meaningless unless you are asked to dance. Today, clients pay attention to the attorneys who are actually servicing them. A diverse pitch team may get a firm in a client’s door, but it won’t keep them there if the client sees that the diverse lawyers who made the pitch are not the lawyers performing the work.

How do you think having a more diverse legal workforce benefits clients? How do you think it benefits a firm?

mcandrews-ip.com

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minority attorneys fear being isolated by speaking up for what they need, since this can be seen as “making trouble” or “being accusatory.”

This paradigm chills the process of inclusion, encouraging minority attorneys to simply put their head down and be compliant to “fit in.”

10/28/2021 2:16:23 AM

Molly Sharma: Clients benefit from lawyers’ different styles, backgrounds, and experiences.

a client relationship. An inclusive environment encourages all attorneys to work hard and to succeed and will result in lower attrition. Majority attorneys must be involved with a law firm’s DEI activities instead of leaving such initiatives for minority attorneys to implement on their own–an approach that is likely to fail. As the judiciary and society at large become more diverse and less homogenous, it is important for the legal industry to adjust and adapt, and clients will benefit.

What advice do you have for law firms looking to recruit and retain more diverse talent?

Molly Sharma: They must be open to creating a safe space for the exchange of ideas and for the voicing of challenges that minority attorneys deal with. The most important thing is to listen to minority attorneys, and to remember that every person is an individual with specific challenges that cannot be generically lumped into the “needs of a minority professional.” In addition, mentorship programs are important for minority attorneys, but it’s just as important that other attorneys be paired with minority mentors to help them push past ingrained belief systems, prejudices and assumptions.

Kim Walberg: Mentoring programs and pipeline initiatives are great, but adjustments to law firm culture are crucial to promote inclusion and equity. That means getting “buy in” from firm leadership, rainmakers and others in power. It also means that diverse attorneys

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must be given a voice in policy making and firm governance committees. A law firm’s commitment to diversity posted on its website may help recruit diverse talent, but it won’t retain that talent without real follow-through. Mandatory implicit bias and sexual harassment training and zero tolerance policies for racial and cultural insensitivities are a few examples of how law firms can demonstrate their commitment to changing culture and promoting a welcoming, productive, and hospitable workplace for diverse attorneys.

equity, diversity, and inclusion, and improving workplace cultures. We also host an annual diversity retreat featuring timely content and an opportunity for our diverse lawyers to share perspectives in a safe space.

How does your firm work to help advance diversity in the legal profession?

Molly Sharma: A firm’s culture must be inclusive so that attorneys of different backgrounds are heard—but at the same time, it’s not a minority attorney’s responsibility to be the voice of a whole community. The individuality of each attorney cannot be lost, and it cannot be assumed that all minority attorneys have the same concerns. It’s necessary to listen to the individual attorney, take their lead rather than making assumptions, and create a space for them to be forthcoming even when it may be a hard conversation.

Sharon Hwang: McAndrews has long supported the advancement of female and diverse attorneys and is one of few patent firms to be part of the inaugural midsized firm Mansfield program that encourages pro-diversity practices.

McAndrews’ leadership team is also 30% diverse, and our general counsel is a woman. McAndrews supports its many diverse attorneys in their endeavors outside the firm. Many have led ethnic bar organizations, as well as the Chicago Committee on Minorities in Large Law Firms (Governing Board and Associate Board) and the Coalition of Women’s Initiatives. McAndrews recently joined the Leadership Council on Legal Diversity, and for more than a decade has offered a Diversity in Patent Law Fellowship for 1L law students. We also recently partnered with Abbott to offer the Abbott-McAndrews Diversity Internship, and McAndrews offers all of its attorneys billable credit of up to 50 hours per year for DEI activities.

Kim Walberg: Taft has a robust Diversity, Equity, and Inclusion

The nation has faced a reckoning about issues of race and social justice over the past two years.

How can law firms keep the momentum going to ensure these concerns become a standard part of their practice and culture?

Kim Walberg: As part of our DEI initiatives, Taft created an Inclusion Task Force to respond directly to the injustices involving George Floyd and others and the Black Lives Matter movement. As lawyers, we are uniquely positioned and suited to effectuate social change, whether through pro bono representations or volunteering with community organizations. Lawyers need to accept the great power and responsibility that come with our degrees and exercise both wisely. When injustice happens to one of us, it happens to all of us. Lawyers can’t forget that.

MOLSHREE “MOLLY” A. SHARMA is a partner at a family law firm in Chicago. She handles complicated family law matters that require high-level financial experience. Sharma has expertise in international custody matters and Hague convention cases. She was named to Chicago’s 2019 Notable Minority in Accounting, Consulting & Law List and Chicago’s 2018 Notable Women Lawyers list and is a fourtime recipient of the Illinois Super Lawyer Rising Star award and a six-time recipient of the Leading Lawyers Emerging Lawyer award.

SHARON A. HWANG is a Shareholder and Executive Committee Member at McAndrews, Held & Malloy, Ltd., focusing on patent litigation and intellectual property counseling in the areas of medical devices, electronics, and consumer products. Hwang spearheaded the creation of McAndrews’ Diversity in Patent Law Fellowship and helped launch the Abbott-McAndrews Diversity Internship for diverse 1L law students. She is the Chair of the Chicago Committee on Minorities in Large Law Firms and past-President of the Greater Chicago Legal Clinic and the Asian American Bar Association.

KIM WALBERG is a partner and chair of Taft’s Chicago Litigation group, and concentrates in commercial litigation, including breach of contract, business torts, land use disputes, gaming, and enforcement of restrictive covenants. She is a member of Taft’s Diversity and Inclusion Committee and previously served on the firm’s Executive Committee. Walberg received her J.D. from Loyola University Chicago School of Law and a B.A. from Harvard University.

looking much brighter for female and minority attorneys. Moreover, since the outset of the pandemic, corporations and law firms have been placing greater emphasis on DEI

activities with specific goals in mind relating to leadership opportunities, succession planning, and work distribution instead of simply paying lip service to DEI. By being more

intentional about DEI and by sharing best practices, hopefully we will see more progress at the law firm partnership level and in corporate and law firm leadership.

What do you think the next five years will bring for the law field, in terms of DEI?

“HAVING A MORE DIVERSE LEGAL WORKFORCE BENEFITS CLIENTS AND FIRMS

BY PROVIDING STRONGER TEAMS, FRESHER PERSPECTIVES, AND BETTER RESULTS.” — SHARON HWANG, MCANDREWS, HELD & MALLOY

Committee focused on addressing the unique challenges faced by diverse attorneys. We are Mansfield Rulecertified by the Diversity Lab, which means we affirmatively consider at least 30 percent women, lawyers of color, LGBTQ+ lawyers, and lawyers with disabilities for leadership and governance roles, equity partner promotions, formal client pitch opportunities, and senior lateral positions. We appointed a mentor/ champion panel of lawyers, including our Managing Partner, who advocate for our diverse lawyers. We partner with Dr. Arin Reeves of Nextions, which provides assessments, strategic advising, workshops, training, and other programs in the fields of justice,

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The Modern Law Firm.

Voted one of the 50 Best Law Firms for Women.

Kim Walberg: More diverse judges at the state and federal levels.

The appointment of Ketanji Brown Jackson to the United States Supreme Court is hopefully a harbinger of that.

Sharon Hwang: I am hopeful that we will see great strides in DEI in the legal field—and particularly in patent law—over the next five years. With the recent confirmations of Ketanji Brown Jackson to the Supreme Court, Tiffany Cunningham to the U.S. Court of Appeals for the Federal Circuit, and Kathi Vidal as the Director of the United States Patent & Trademark Office, the future is

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