A related challenge has to do with minorities finding adequate access to mentors and fighting off preconceived biases based on race. Asian Americans, for example, are often perceived as having hard skills—that they are hardworking, logical, and careful—but are regarded as lacking soft skills such as client development. Id. at 38. “To the extent that mentoring and networking are conditioned by perceptions of sociability and conformity with cultural norms, Asian Americans may face particular obstacles rooted in stereotyped perceptions of being foreign, socially awkward, or unassimilable.” Id.
Meanwhile, some progress has been made. For example, in 2015, the National Asian Pacific American Bar Association kicked off a new “20x20” initiative to land 20 Asian American lawyers into general counsel ranks at Fortune 500 companies by 2020. Many firms are also implementing the Mansfield rule, which requires 30 percent of a firm’s leadership candidates to be minorities and women. The ABA adopted Resolution 113, which “urges all providers of legal services, including law firms and corporations, to expand and create opportunities at all levels of responsibility for diverse attorneys.” Many clients now also require law firms to bring a diverse group to pitch for business and will also require these diverse individuals to bill on their matters. These are good first steps, but it is important to remember that they are just that—first steps. We cannot allow ourselves to be lulled into a sense of complacency. We must continue to move forward toward our collective goal of achieving true diversity and inclusion within the legal profession. As with most goals, there is no single “right” way to achieve it, but to be successful, the strategy needs to be multifaceted and multidimensional and, most importantly, it needs to be shaped in large part by the voices of minority populations.
What does it mean to be truly diverse and inclusive and how do we get the legal profession there? Diversity does not mean having a few ethnic or other minorities in the office. It also does not mean a group comprised only of minorities. It means having people of diverse culture, experience, and background in all levels of a law firm. While this might not be the full answer, true diversity and inclusion in the legal profession require more than just checking off the requisite boxes on a checklist or survey. They require more than talk. They require action from the leadership down. In addition to measures meant to increase the numbers of minority populations in law schools, law firms, and professional associations, it is also important to implement educational programs that provide members of the legal profession with greater awareness of issues like bias (both explicit and implicit) in the workplace and strategies to eliminate it. Some states, such as Minnesota, require lawyers to complete continuing legal education (CLE) programs that address these types of issues—something all states should incorporate into their CLE program requirements.
Another way to get involved with diversity initiatives is to get involved with your local minority bar associations—help host or sponsor an event with these organization or help mentor a minority law student. Get outside of yourself and the insular legal community. Actively engage with the world around you. It is difficult, if not impossible, to adequately address issues such as bias and discrimination (overt and covert) without both an understanding of where and how these disparities came to be and the appropriate tools to effectively address them. The legal field is full of bright minds and well-intentioned individuals. If the legal community continues to work together to address these issues, there is no question that we can and will eventually accomplish our goal.