Adopt the ABA Model Survey to Improve Diversity (Perspective)

Editor’s Note: The author is the global chair of diversity and inclusion at his law firm.

I recently attended a conference for in-house counsel and a select number of partners from large law firms, focused on promoting diversity in large law firms and corporations. In one of the sessions, I asked how many of the companies present require their outside law firms to provide statistics on diversity (racial and ethnic diversity, gender and sexual orientation), and how they collect the data. As Chief Diversity Officer of my firm, my team and I have seen a dramatic increase in client requests for diversity statistics and metrics in RFPs and annual diversity surveys. Until this past fall, the requests have been inconsistent, broad or vague, asking for varying statistics and/or narratives.

In August 2016, the ABA passed Resolution 113, which urges corporations and law firms to expand and create opportunities for diverse attorneys. Along with Resolution 113, the ABA proposed a Model Diversity Survey, which is designed to solicit consistent responses and facilitate transparency in law firm diversity statistics. In September 2016, the general counsel of 24 corporations became signatories to a letter pledging support of ABA Resolution 113. The number of GCs who have now signed on to the pledge is up to 58, with more expected to join soon.

At the conference, I was surprised by the number of in-house counsel who were not aware of Resolution 113 or the Model Survey. At Reed Smith, a number of our clients this year have sent us the Model Survey verbatim.

I’ve also had a number of clients over the last few months ask us what we’re seeing and whether other clients have adopted the Model Survey. In speaking with these clients, I found that they are concerned that they are being too intrusive into the law firm’s business, “getting into the kitchen” or “looking under the hood.” My answer has been unwavering: more and more clients send us the Model Survey and my hope is that more clients will do the same thing. Shining more light on the actual diversity statistics promotes transparency, incentivizes behavior and gives me (and people in similar roles at other firms) the ammunition to convince partners to take action. Law firms will not be able to answer the diversity question using smoke and mirrors, citing awards, programs and efforts. If these same clients also take a stand that they will reward the law firms that meet or exceed their expectations in actual metrics, or take away or deny work from firms that do not, this will further incentivize law firms to do even more to attract, promote, train, compensate and retain diverse attorneys.

If some clients feel they are being too intrusive, they can find comfort in sending the Model Survey at least to those law firms that have publicly supported Resolution 113. My firm recently pledged support and I’ve been able to identify at least nine other large law firms that have as well.

My hope is that companies will be brave and innovative in forcing transparency in diversity metrics. As the ABA Report adopting Resolution 113 noted, quoting Justice Brandeis, “Sunlight is the best disinfectant.”