Saturday, February 27, 2021

Racial Disparities in the Legal Profession -- Video Is Available

If you missed TLA's Racial Disparities in the Legal Profession event earlier this year, no worries because you can watch the recorded video here.  



TLA's Public Interest & Social Justice Committee wants to hear from you.  We couldn't go through all of the questions submitted, but our excellent panelists (Lisa Radcliffe, Mitchell Robinson, Koro Nuri, and Hon. Eric Washington) wanted to provide some of their responses to questions.  If you have other questions or comments, please email us at TuftsLawyers@gmail.com.  

Here are the questions and answers:

I am a white attorney at a private firm.  We work hard for diversity... but evidently white attorneys need to be better mentors to attorneys of color, if only because there are still relatively few POC.  Do you have suggestions for those who want to be allies to be most effective with junior attorneys of color?

  • While I do think it is important for attorneys of color to have mentors of color that can directly relate to some experiences, I think it is more important for PoC to have mentors in the profession, period. In addition, it is equally as important to also have mentors outside of the race.    I think your willingness to be a mentor in this first instance is a great step.  Would you provide any particular guidance, insight or access to a white attorney that you would not provide to a PoC?  It is beneficial to simply share your experiences and lessons learned with the PoC, as many things are universal and the history is that simply not many PoC have had access to interested mentors (especially informal ones).  As I mentioned on the call, I think it is extremely important for white attorneys who wish to be allies, to be so when PoC are not around when discussing access and opportunities that may be relevant. (Koro)
  • Koro’s response is spot on.  Serving as a mentor/ally is a critical component to the DE&I equation.  Serving in this capacity can change your firm’s culture and the trajectory of your mentees career, especially if no formal DE&I programs have been implemented.  While there is no magical formula that works for every firm or legal entity, you are an experienced attorney; you know the firm, its culture and players so you already have a lot to offer.  Be engaging and spend time getting to know your colleague. Be strategic.  What steps can you take now that will help that attorney become a viable part of the firm (or other legal entity) in the future? In DE&I an ally is someone who stands up for others to proactively build inclusion.  To do so, that ally is using their power (and position) to advocate for someone who does not have that same status.  What do you think you can do to achieve this?  In the workplace, it can simply mean advocating for your mentee to be given a specific assignment, placed on a specialized team or challenging your fellow partner who summarily dismisses the idea that your mentee should even be considered.  As an ally you can also try to help your firm take meaningful steps to build a DE&I program. And as I stated during the discussion, if your firm or department isn’t properly equipped to address this, please hire DE&I professionals who are. (Lisa)
  • I agree with Koro’s comments about the importance of mentorship by Black and White partners in the law firm context. It has to go beyond PR expressions by the firm or private conversations with partners who are going to “look” for an opportunity to work with the lawyer of color. In my experience that means that the partner is looking for some work that is peripheral to the more substantive work that other associates on his or her team are performing. Instead, the partner or senior attorney needs to make associates and younger lawyers of color part of their team so that there are meaningful opportunities for that lawyer to engage with clients and develop the  legal skills necessary to eventually lead a team of lawyers working on substantive legal matters. It doesn’t matter if the partner is Black or White.  It’s really all about partners recognizing their own biases and working hard not to let them influence their decisions about how to staff certain matters. It’s about equal opportunity.  However, having Black partners or senior lawyers of color in the case of public sector organizations is important in helping younger lawyers of color navigate through the cultural aspects of the business environment that may not be as welcoming as the firm or entity might have hoped. The bottom line is that there are things all of us can do to better support and ultimately retain lawyers of color in our institutions. (Eric)

Have you encountered (and how do you address) situations in which a member of a different minority group, is "comparing oppression" (for lack of better phrasing)? So as to say one has been more oppressed than another rather than mutual allyship

  • Unfortunately, this does come up occasionally and often raised by African-Americans as well.  My response is usually that one person's pain or "oppression" should never diminish the experiences of someone else.  However, there are times when specific issues are being discussed and the conversation should remain focused on that in order to be effective, but ultimately all of our goal should be to help eliminate all forms of discrimination.  (Koro)
  •  I couldn’t agree more with Koro’s answer.  Well said! (Lisa)

How does the concept of gender bias factor into this? - while often Black women experience that double whammy, but Koro identified that in his class at Tufts were 55 Black freshman - of which only 10 were men.  So, question whether that typical gender bias gets turned on its head professionally?

  • The question is a little confusing and perhaps someone else may be more qualified to answer, but I don't think the Black gender demographics in higher education  (which I think are typically more Female than Male) would change (or undermine) the actual experiences of black women in professional settings where there is a "double whammy". (Koro)
  • I’m not sure I completely understand the question. But I will say that Black women feel the effects of the “double whammy” all of our lives.  Dealing with microaggressions stemming from racism and sexism is exhausting, even numbing, but we carry on.  One thing is for sure, Tufts prepared me to navigate the racism and sexism I’ve experienced as a Black female attorney.  Near the end of our discussion, I mentioned that racism and sexism are often inextricably linked (intersect) and deeply rooted in our society.  They impact the way Black women are viewed and treated professionally.  They are the reason Black women are paid substantially less than our counterparts, and why we aren’t recruited, mentored, complemented, recommended, valued or promoted like we should be.  The microaggressions we experience because of our race and gender are a reason why many Black women have chosen to leave their employer to pursue other endeavors.  The legal profession should be cringing at the lack of black female representation particularly at the decision making and equity partnership levels. If legal entities committed themselves to developing meaningful DE&I programs for Black women, I can say with confidence, that they will be laying a solid foundation and creating an environment where everyone will at the very least, have a chance to thrive.  (Lisa)

Thanks again to all of the panelists for their time and continued efforts.

Tom Dunn, A00

TLA President

rtdunn@PierceAtwood.com


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