One of our colleagues in the in-house bar, Rick Palmore, senior vice president and general counsel for Sara Lee Corp., sent a letter to law firms titled "A Call to Action: Diversity in the Legal Profession" late last year. In addition to reaffirming a commitment to diversity among in-house counsel, the letter spells out the case that "legal and business interests of our clients require representation that reflects the diversity of our employees, customers and the communities where we do business."
As of May 2005, approximately 100 GCs from corporations across America, including Tyco, have signed on. But how do you measure the progress of your firms on the diversity front? The first step is asking your firms (as well as yourselves) the following questions:
Do all of your lawyers have the opportunity to work for top clients?
A telling sign that a firm isn't focused on inclusion is its inability to nurture all of the associates it hires. Many firms hire minority associates, but never provide them with exposure to the "good" clients. As in-house counsel, we deserve to know if and why this is occurring.
Do certain associates gravitate toward the rainmaking partners naturally?
Firms need to learn how to nurture their associates in the nonlegal side of the business. While mentoring takes time, firms should realize that a mentored associate today will be a far better partner tomorrow.
Does your law firm or company act as a cohesive whole?
Legal departments should take advantage of an organization's synergy, particularly as they whittle down the number of firms they use. If you are going to hire multioffice law firms to do your work, then you should understand how they work as collective groups.
Does everyone in the firm feel "in the house"?
GCs should hire lawyers who can take advantage of everything a firm has to offer. In some cases, when a firm or company goes through a merger, employees from the acquired entity never feel integrated into the new organization.
Is there only one perceived image of excellence?
A firm or company will have trouble retaining minority and women hires if they have no examples of women or minorities in more senior positions.
Does the company or firm value employee input?
I worked in a legal department that changed its mandatory start time because of employee concerns that the policy disproportionately affected employees who had childcare responsibilities. Having a forum for employees to voice concerns shows that the firm or company has an interest in its human capital investment.
Does the company or firm recognize and embrace cultural differences?
This is a sign of a broad-thinking firm. A commitment to community outreach and recognition of important dates and occasions in the collective lives of our populations are just a few examples of how a company or firm can prosper in this area.
Are people at all levels appropriately empowered?
None of the firm's associates--be they majority, minority, female, or otherwise--should be afraid to take advantage of training or other opportunities that will empower them. For example, some minority associates feel they shouldn't spend time at minority bar events. Pushing short-term profit over long-term growth is one strategy, but it's not one that helps create an empowered team.
I care about a firm's response to these questions because a firm is an extension of our company. We need advocates who not only embody all that we are and all that we strive to be, but who are also diverse enough to provide us with insights into things we might not be able to see ourselves.
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N. Cornell Boggs III is vice president and general counsel for Tyco Plastics & Adhesives, one of the five operating segments of Tyco International. He joined Tyco in June 2003.