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Too little diversity among attorneys

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Although the legal community has stepped up efforts during the past decade to bring more minorities into the profession, the level of diversity remains abysmally low.

The percentage of all attorneys who were of either African, Asian or Latino descent was just 11.1 percent in 2011, according to data complied by the Center for Legal Inclusiveness. Compare that to medical scientists who topped the list with a diversity percentage of 42.9 percent.

2diversitypanel-15col.jpg The St. Joseph County Bar Association recently hosted a panel discussion on “Diversity and Inclusion in the Legal Profession.” Panelists were (from left), Mauri Miller, Notre Dame Law School student; Felipe Merino, Merino Law Firm P.C., South Bend; John Z. Huang, Indiana Department of Education, Office of Legal Affairs; retired Justice Frank Sullivan; Daryl A. “Sandy” Chamblee, Steptoe & Johnson LLP, Washington, D.C.; and Jimmie L. McMillian, Barnes & Thornburg LLP, Indianapolis.(Photos courtesy St. Joseph County Bar Association)

In 2010, the legal profession was slightly higher with diversity reaching 11.6 percent.

Paul Singleton and Victoria Wolf, attorneys in South Bend, are co-chairs of the St. Joseph County Bar Association Diversity Committee. They recently organized a Diversity and Inclusion Summit to, Singleton said, shed light on the issue and bounce around ideas about attracting more minorities, women, and gays and lesbians to the practice of law.

victoria wolf Wolf

Retired Indiana Justice Frank Sullivan gave the keynote address, then led the discussion among a five-member panel that included four practicing attorneys and one law school student in an examination of diversity in the legal community.

Wolf, who practices at Leone Halpin LLP, had a career in business before she went to law school and has found the legal profession is slow to undertake efforts to become more diversified. In her opinion, law firms have been resistant to adding attorneys of different races and gender just as these firms have been resistant to adopting many new trends in technology or business practices.

She, herself, has experienced some outdated attitudes, recalling one incident when an older lawyer asked her if she was a paralegal. After she told him she was an attorney, he asked if she was sure.

“I see an intrinsic need for a diverse community,” Wolf said. “I just want to do whatever I can to make it so.”

Two hurdles

Sullivan pointed to two hurdles to getting more minority lawyers into law firms. One is education. Working with students in college and high school and getting them involved in programs like teen court, mock trial competition and Indiana’s CLEO program can help plant the seed of becoming a lawyer.

nelson vogel Singleton

Singleton, an associate at Faegre Baker Daniels LLP, agreed. Growing up he was always one of just a handful of African-Americans in his school, a situation that did not change when he attended law school at Arizona State University.

He attributes his academic success to being “blessed and privileged” because his parents put a high priority on education. Other people he has encountered are just as smart, he said, but in their homes, doing well in school was not important so they did not become lawyers or doctors even though they had talent and ability.

The result has been the number of African-American attorneys is not proportional to the overall minority community. Same with the Hispanic community where he found the number of Hispanic attorneys to be “shockingly low” in Phoenix.

Being one of a few brings an additional pressure, Singleton said, since sometimes he feels as if he is representing an entire race. Yet, he hopes through hard work and doing his job well, clients and colleagues will see him as an attorney and not as a black attorney.

The second hurdle to attracting more minorities to the legal profession is having law firms be more welcoming and provide a place where minority lawyers can succeed, Sullivan said.

That point was echoed by two panelists, South Bend native Daryl “Sandy” Chamblee, partner at Steptoe & Johnson LLP in Washington, D.C., and Jimmie McMillian, partner at Barnes & Thornburg LLP in Indianapolis.

More than simply hiring lawyers of diverse backgrounds, firms must also be inclusive, Chamblee said. Law firms must ensure that all attorneys get to do substantial work and have the ability to progress in their careers.

McMillian continued Chamblee’s point, noting the number one reason attorneys have for leaving a law firm is lack of hours. If minorities are at the bottom of the list of billable hours and not being given engaging work, that, he noted, is an indication that the firm has no structure to help people do well professionally.

“Nobody wants to be in a system where they are failing and nobody can tell them why,” he said.
 

vogel Vogel

McMillian credits his tenure and success at Barnes & Thornburg to senior partners taking an interest in him and helping and encouraging him. Mentorship is key to making a person feel part of a firm and enabling him or her to do quality work, he said. Indeed, that level of personal investment is something his friends working in law firms in bigger cities like Atlanta and Chicago did not receive.

‘Gravitational bias’

Chamblee’s and McMillian’s observations led Nelson Vogel to the conclusion his firm needs to do more. Vogel, partner at the Barnes & Thornburg South Bend office, noted all the firm’s offices do many things to improve diversity, but, in the competition to hire more minorities and women lawyers, the South Bend office has a difficult time attracting candidates and an even more difficult time getting them to stay beyond three or four years.

Hosting networking and social events, recruiting law school students and sponsoring a variety of events are among ways Barnes & Thornburg reaches out to diverse communities. The South Bend office also hosts a reception for law students at the Notre Dame Law School and interviews candidates during minority job fairs.

 

diversity Former Notre Dame football player and current Notre Dame law student Chris Stewart (left) talks to St. Joseph Probate Judge candidate Andre Gammage at the diversity summit.(Photos courtesy St. Joseph County Bar Association)

Vogel touted South Bend as a great community and said associates at his office gain the advantage over larger firms on the East and West coasts by having sophisticated legal work to do, getting more contact with clients, and having a better chance of making partner.

However, the panelists explained the problem of attracting minorities often originates in the lack of diversity at many firms and in many communities. Young lawyers want to work in large metropolitan areas, in part, because they will find more people who look like them.

Chamblee described herself as a “kid in a candy store” when she arrived in Washington, D.C., as a freshman at Georgetown University. No longer would she be the only African-American in class as she had been at her Catholic high school in South Bend. Moreover, as a young adult in the 1970s, she decided to settle and practice law there because she saw African-Americans succeeding in professional careers and she was not sure, as a minority, if she could achieve the same level of success in her hometown.

Sullivan said becoming more diverse requires that everyone overcome their “gravitational bias toward sameness.” People tend to associate with those who are like them, whether the same race, religion, socio-economic status, or sexual orientation, but, he said, everyone must reach outside their communities to not only include those who are different but also go into new places where they will be different.

“We learn so much more when we associate with people of different backgrounds and experiences than our own,” Sullivan said. “It is worth the effort to diversify.”•

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  • thanks
    It's great to know the bar is working for more diversity. Thankfully we Americans have the edge over the ethnically homogenous 1 billion mainland Chinese on that one. They only have hard work ethic, math, science, and boring stuff like that working for them. Surely, over time their homogenous and social boringness will weakify them, and our superior diversity will, like, um, cause us to rise up somehow, and help alleviate their increasing dominance of international trade and financing of American's national debt. Just imagine how un-diverse it would be for example, if one day they pulled the plug on US debt and the dollar went in the drink, and then they just kind of came over here and bought everything. Diversity might be undermined! Indeed, I think the key to our competitiveness, would be assured by dramatically higher federal funding of more diversity training to ram it down the throats of all the taxpaying American bigots out there that "DIVERSITY IS OUR STRENGTH!" Maybe we can pay for it with a bigot tax on rich, white, male, Christian homophobes!
  • thank you!
    The Summit was very helpful and the organizers did a great job. We need to continue to look for ways to attract the best and brightest people from all ethnic groups into our profession.

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

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  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

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