i nnovation in diversity and inclusiveness: a dialogue about how colorado is leading the way

Innovation in Diversity and Inclusiveness: A Dialogue About How Colorado is Leading the Way

COLORADO CAMPAIGN FOR INCLUSIVE EXCELLENCE

Presents

Featuring:

Bruce James, CEO/Managing Partner, Brownstein Hyatt Farber Schreck LLPSteve Smith, General Counsel, Lockheed Martin Space Systems

Sponsored By:

Commitment to Diversity

Colorado Campaign for Inclusive Excellence

Bruce James, Managing Partner Steve Smith, General Counsel

Commitment to Diversity

An Overview of CCIE

and the Data Supporting Its Critical Message

By: Bruce James


About CCIE

• Addresses Pipeline, Recruiting, & Retention

• Piloting a ground-breaking inclusiveness program

• Organizes annual diversity conference and CLE programs

• Created Retention Initiative which involves 6 GCs and 34 law firms

By the year 2016, all Denver metro law firms and corporate legal departments will have successfully developed and implemented initiatives that create cultures of inclusion where attorneys of all backgrounds succeed without regard to gender, race, religion, national origin, disability, sexual orientation or gender expression.


CCIE Mission

PARTICIPATING GCS

• Richard Baer, Qwest Communications• Michael Connelly, Xcel Energy Inc.• Kevin MacCary, United Launch Alliance• Annita Menogan, Red Robin Gourmet Burgers• Karen Ripley, MillerCoors LLC• Steve Smith, Lockheed Martin Space Systems


Participating Law Firms


What is “Diversity” in the Legal Profession?

What do we mean when we use the term “diversity” in the legal profession?

• What we are talking about: Compositional diversity and under-represented groups.

• What we’re not talking about: Affirmative action, quotas, compliance.

Diversity• Focus is on how many –

“the numbers”

• Resources go into recruiting/hiring

• Focus is on the value and contribution of diverse perspectives, backgrounds

• Resources go into retention

Difference Between Diversity & Inclusion

Inclusion


Being invited to the dance Actually getting on the dance floor

Hidden Barriers to Retention

Dr. Reeves’ article on Meritocracy (Based on data from the 2006 ABA Visible Invisibility study)

Ability PLUS Opportunity = Success

Many diverse attorneys not afforded same opportunities; there are hidden barriers


Composition of Lawyers in Colorado (Race/Ethnicity)

Minority attorneys comprise only 6.9% of all lawyers and judges in Colorado according to 2000 Census figures; 8.4% in 34 Denver law firms.


Profession – Ranked by % of Diversity

Percent of Total – African

Americans

Percent of Total – Asian

Percent of Total – Hispanic or

Latino

Total Percent of Diversity

Computer Scientists 9.7 13.7 5.3 28.7Physicians/Surgeons 6.2 16.6 5.8 28.0Civil Engineers 3.2 11.2 9.2 23.6Aerospace Engineers 6.1 11.1 5.0 22.2Financial Managers 7.9 5.7 8.6 22.2Professors 5.2 11.9 4.0 21.1Dentists 3.3 12.0 5.2 20.5Architects 3.3 6.1 8.2 17.6Chief Executive Officers

3.9 4.0 4.8 12.7

Attorneys 4.6 2.9 3.8 11.3

Lawyers Rank at the Bottom of the List of All Professions for Percentage of Racial and Ethnic Minorities (2008 US Bureau of Labor)

How Does the Legal Profession Measure Up?

Representation Among Denver Attorneys

34 Denver area law firms reporting data to NALP in 2009:

Total Attorneys 1910

Total Female Attorneys 663 (34%)

Total Minority Attorneys 142 (7.43%)

African AmericanHispanicNative AmericanAsianMulti-racial

29 (1.5%)54 (2.8%)12 (.6%)43 (2.25%) 4 (.2%)

Total Openly Gay Attorneys 20 (1%)

Total Diverse Attorneys 162/1910 (8.43%)

2008 National Law Firm Partnership Statistics

• 19.21% women (up from 12.27% in 1993)

• 6.05% racial/ethnic minorities (up from 2.25% in 1993)• Only 1.88% are women of color

• 1.27% GLBTColorado Campaign for Inclusive Excellence

Research Findings – 2006 ABA Study

Attorneys of color (female attorneys of color, in particular) are more likely to be

• excluded from informal and formal networking opportunities, and marginalized.

• not integrated into the firm’s internal networks.• not receiving desirable assignments (especially those that help them meet

required billable hours). • not having substantive contacts with clients.• reporting that many employees appeared to feel uncomfortable around

them. stuck in dead-end assignments.• receive differential assignments that cause difficulty in meeting billable

hour requirements. • receive “soft evaluations”• denied promotion opportunities.


2007 Denver Diversity Survey -Strong Perception of Unfairness

30% of all attorneys, including 25% of white males, believe racially and ethnically diverse attorneys do not receive critical career-enhancing opportunities on an equal basis, such as• promotions, • networking opportunities, • training, • mentoring, • client contact, and • fee-generating assignments.

2007 Denver Diversity Survey -Strong Perception of Unfairness

Our Dialogue with

Associates on Diversity and Inclusiveness

By: Steve Smith

Law Firm Associate Attrition

2008 Law Firm Associate Attrition StatisticsNational Association for Law Placement

• 16% overall associate attrition in 2008.• 79% of associates leave their firm within 5 years.• More associate departures are unwanted (40%) by

their firms than wanted (33%).• The rate of attrition is higher for minority associates.


Law Firm Associate Attrition

Based on 2008 statistics gathered by the National Association for Law Placement


Associate Survey Results:Demographics

Survey Respondents

63 associates completed the survey 41 Diverse (racial/ethnic minorities, GLBT) 22 Non-diverse (white women) 45 Female 18 Male


Associate Survey Results:Summary

Areas of Concern

• Retention of diverse attorneys • Diverse associates report that other diverse attorneys

are leaving because of:• Lack of mentors• Discrimination• Inadequate training• Unfair evaluations



Areas of Concern

• More than half disagree or don’t know if their firm’s diversity committee is active or effective

• Diverse associates were less likely than the white female attorney respondents to perceive that diverse attorneys in their firm are included in

committees engaged in running the firm agree that diverse attorneys were participating in the power

structure of their firm



Areas of Concern• Only half know the standards for advancement and

more than half don’t know what factors are considered in promotion decisions

• Half are having trouble meeting their billable hour requirement • mostly due to a lack of billable work --- this is

impacting the diverse associates at a disparate rate (42.5% vs. 27%)


Associate Survey Results:Wish List - FLEXIBILITY

“Flexibility in how success is defined. I think success is more than the billable hour. To be a happy, fulfilled person I need more than this job. I would want more time with my family.”

“Flexible hours.”

“Flexibility regarding working hours because I have young children; as much respect as the male attorneys even though I have to leave to take my kids to doctors appointments, etc.”

“More flexibility in taking on different assignments in difference practice areas.”

“Lower or more flexible billable hours requirement, and an opportunity for meaningful part-time or flex-hours work.”

“Greater flexibility over my schedule.”

“I would want to work with supervisors that are flexible and clearly communicate their expectations.”

“A flexible, part-time option for women who wish to have a family and keep a meaningful, though less demanding, career in law.”

“More flexible work schedule.”


Associate Survey Results: Associate Wish List

Clients/Business Development

Promotion/Advancement

Mentoring

Evaluations

Work Schedule

Firm Culture

Training

More transparency and greater insight into how the firm operates

Responsibility

Kinds and Amount of Work

Supervision

The CCIEInclusive Network –

A Framework For Action

By: Bruce James

CCIE Creating a National Model


10 Pilot Organizations Participating in the Inclusiveness Network• Corporate Law Departments:

Qwest CommunicationsXcel Energy

• Law Firms:Brownstein Hyatt Farber & Schreck LLPDorsey & Whitney LLPHolland & Hart LLPHolme Roberts & Owen LLPKamlet Reichert LLPWhite and Steele LLP

• Government:Colorado Attorney General’s OfficeDenver City Attorney’s Office

Piloting CCIE’s Inclusiveness Program

OUR EXPERIENCE WITH THE CCIE’s INCLUSIVENESS NETWORK

• THE PILOT PROGRAM PROVIDED A STRONG FRAMEWORK WITHIN WHICH WE COULD HAVE A FOCUSED EFFORT TO IMPROVE INCLUSIVENESS IN OUR ORGANIZATION

• WE HAVE IMPLEMENTED THE FOLLOWING ACTIONS FOLLOWING OUR ADOPTION OF THE PILOT PROGAM:

FORMATION OF AN INCLUSIVENESS AND DIVERSITY COMMITTEE, WITH REPRESENTATION FROM ALL OFFICE LOCATIONS

TRAINING ON WORKPLACE INCLUSION AND CULTURE CHANGE LED BY NATIONALLY KNOWN CONSULTANT BILL PROUDMAN

DEVELOPED A MISSION STATEMENT FOR INCLUSIVENESS AND DIVERSITY

PREPARED AND SUBMITTED TO ALL FIRM ATTORNEYS A CONDFIDENTIAL CULTURE AND DIVERSITY SURVEY

EVALUATED SURVEY RESPONSES TO ESTABLISH OUR COMMITTEE GOALS FOR 2010


Piloting CCIE’s Inclusiveness Program

NEXT STEPS: IDENTIFY 2-3 ACTION ORIENTATED GOALS EACH YEAR TO

ACCOMPLISH AND COMMUNICATE OUR GOALS AND OUR SUCCESS OR FAILURE IN ACHIEVING THOSE GOALS FIRM WIDE

IDENTIFY A STRONGER CORE GROUP OF NON-DIVERSE ATTORNEYS TO JOIN THE COMMITTEE AND SUPPORT ITS EFFORTS ACROSS OUR FIRM

STUDY THE RESULTS OF CCIE’S ASSOCIATE SURVEY AND DEVELOP A PLAN IN PARTNERSHIP WITH OUR CLIENTS TO INCORPORATE GREATER FLEXIBILITY IN ASSOCIATE WORK SCHEDULES

ESTABLISH A STRONGER MENTOR PROGRAM FOR ALL ATTORNEYS AND UNDERSTAND HOW THE MENTOR PROGRAM CAN IMPROVE OUR CULTURE OF INCLUSIVENESS



Next Steps

An Overview of theRetention Initiative Meeting of GCs and MPs:

Tuesday, March 16, 2010at the

2010 Rocky Mountain Legal Diversity Summit

By: Steve Smith

Discussion Questions

• What are General Counsel willing to do to encourage law firms to focus on diversity?

• To what extent can General Counsel assist diverse attorneys in “making rain” (i.e. marketing advice and strategies, connections).

• What can General Counsel do with respect to flexibility around billing to make a difference?


Discussion Questions

• What are some of the barriers to keeping diverse attorneys in your organization?

• What are the challenges you see to creating a more inclusive environment where diverse attorneys want to stay?

• What steps can you take to address those challenges?

• How can we be more proactive in moving from diversity to inclusiveness?

• What are some of the ways that GCs can partner with MPs to work on diversity and inclusiveness?



2010 Rocky Mountain Legal Diversity Summit

Tuesday, March 16, 2010 8:30 a.m. – 5:00 p.m.

University of Denver Sturm College of Law2255 E. Evans Ave.

Register at www.colegaldiversity.org


ACC-Colorado – Upcoming Events

Corporate Law – Wednesday, February 17th - 11:45 a.m. – Cool River

Happy Hour – Thursday, March 25th – 4:00-6:30 p.m. – Cool River

International Arbitration – Wednesday, April 7th – 11:45 a.m. – Denver Athletic Club (downtown)

For more information, visit www.acc.com/coloradochapter

i nnovation in diversity and inclusiveness: a dialogue about how colorado is leading the way

Documents

inclusive excellencecommitment

inclusive excellencewhat

diversitycolorado campaign

inclusive excellencebeing

waycolorado campaign

bruce jamescolorado

legal profession

compositional diversity