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Diversity in legal community growing, but pace too slow

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When small-firm founder Nathaniel Lee was admitted to the Indiana bar in 1982, only four African-American attorneys were working at large law firms in the state.

Thirty years later when Rubin Pusha was admitted to practice in 2012, diversity had improved with the number of minority lawyers increasing at large and small firms alike. Others cleared the trail for Pusha but, as he looks around, he is still one of too few minority attorneys.

African-American attorneys see progress in the Indianapolis legal community. Many law offices are actively recruiting, hiring and making minority lawyers part of their teams. Committees inside the offices promote diversity and inclusion.

However, changes in fundamental culture come slowly. Overcoming the natural biases that can hinder an individual’s success or provoke a lawyer to leave a firm requires more effort by both minorities and nonminorities.

Gary Mayor Karen Freeman-Wilson pointed to that need after her address during the Marion County Bar Association’s Kuykendall-Conn Dinner on Aug. 23. She applauded, as an example, Barnes & Thornburg LLP attorney Jimmie McMillian, recognizing his hard work to become a respected partner in a prestigious law firm.

Yet, she said, he should not be the only African-American partner or one of just a few.

“We can get hired but staying, making partner, making equity partner, that’s something that people say you should pay attention to,” Freeman-Wilson said.

To attorney Cassandra Bentley, racism today is less overt although it is still present. She sees the cause as less about people purposefully trying to oppress another group and more about the human nature of individuals gravitating toward those with similar appearance and backgrounds.

Applying for a position and getting a job in a law firm was not difficult when Bentley was admitted to the bar in 2004. However, the difficulty came when she tried to develop her skills and advance her career after she was hired.

When work was being handed out, Bentley said she was often passed over.

A member of the firm’s diversity committee, Bentley was asked what the firm could do to help her succeed. She gave a forthright reply, telling them to give her the work they were paying her to do. The response was equally forthright. The firm said it did not want to tell people with whom they had to work.

Today, Bentley is a judicial law clerk for the U.S. District Court, Southern District of Indiana. She enjoys her work, but the question “Would she still want to become a lawyer knowing what she has experienced?” gives her pause.

“It depends on the day you ask me,” she said.

Lee witnessed professional segregation through the 1980s and he credited attorney Donald Buttrey, among others, with helping to integrate the legal community.

As president of the Indianapolis Bar Association in 1990, Buttrey started a program to provide summer clerkships at law firms for black law students. Also, he worked with the MCBA to build cooperation between the bar associations.

“We all had to grow,” Buttrey, now retired, said. “We can’t look back and say how awful it was, but we have to look forward and say have we progressed? I think the answer is yes, we have.”

An associate at Barnes & Thornburg, Pusha said the firm’s diversity committee and overall attitude has created a welcoming place for minority attorneys. Mostly, he said, he has benefited from having mentors at the firm. The cross-section of different perspectives and viewpoints has enabled him to see the legal profession through different lenses.

“I agree with Mayor Freeman-Wilson’s comment that if people are not willing to be captains of the movement to increase minority hiring and retention, then we will see people leave because they were not properly mentored,” Pusha said.•

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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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