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Innovation in Diversity and Inclusiveness:

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Title: Innovation in Diversity and Inclusiveness:


1
Innovation in Diversity and Inclusiveness  A
Dialogue About How Colorado is Leading the Way
Colorado Campaign for Inclusive Excellence
Presents
Sponsored By
Featuring Bruce James, CEO/Managing Partner,
Brownstein Hyatt Farber Schreck LLP Steve Smith,
General Counsel, Lockheed Martin Space Systems
2
Commitment to Diversity
Bruce James, Managing Partner
Steve Smith, General Counsel
3
Commitment to Diversity
  • An Overview of
  • CCIE
  • and the Data Supporting Its Critical Message
  • By Bruce James

Colorado Campaign for Inclusive Excellence
4
About CCIE
  • CCIE
  • Mission
  • 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.
  • 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

5

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

6
Participating Law Firms
  • Arnold Porter LLP
  • Baker Hostetler LLP
  • Ballard Spahr LLP
  • Brownstein Hyatt Farber Schreck LLP
  • Davis Graham Stubbs LLP
  • Dorsey Whitney LLP
  • Faegre Benson LLP
  • Ford Harrison
  • Gordon Rees LLP
  • Greenberg Traurig LLP
  • Heizer Paul LLP
  • Hensley Kim Holzer LLC
  • Hogan Hartson LLP
  • Holland Hart LLP
  • Holme Roberts Owen LLP
  • Husch Blackwell Sanders LLP
  • Isaacson Rosenbaum PC
  • Kamlet Reichert LLP

7
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 were not talking about Affirmative
    action, quotas, compliance.

8
Difference Between Diversity Inclusion
  • Diversity
  • Inclusion
  • 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

Being invited to the dance
Actually getting on the dance floor
Colorado Campaign for Inclusive Excellence
9
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

10
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.
11
How Does the Legal Profession Measure Up?
Lawyers Rank at the Bottom of the List of All
Professions for Percentage of Racial and Ethnic
Minorities (2008 US Bureau of Labor)
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 28.7
Physicians/Surgeons 6.2 16.6 5.8 28.0
Civil Engineers 3.2 11.2 9.2 23.6
Aerospace Engineers 6.1 11.1 5.0 22.2
Financial Managers 7.9 5.7 8.6 22.2
Professors 5.2 11.9 4.0 21.1
Dentists 3.3 12.0 5.2 20.5
Architects 3.3 6.1 8.2 17.6
Chief Executive Officers 3.9 4.0 4.8 12.7
Attorneys 4.6 2.9 3.8 11.3
12
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 American Hispanic Native American Asian Multi-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)
13
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 GLBT

14
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 firms 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.

15
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.

16
2007 Denver Diversity Survey -Strong Perception
of Unfairness
  • Our Dialogue
  • with
  • Associates on Diversity and Inclusiveness
  • By Steve Smith

17
Law Firm Associate Attrition
  • 2008 Law Firm Associate Attrition Statistics
  • National 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.

18
Law Firm Associate Attrition
Leaving w/i 1 year Leaving w/i 2 years Leaving w/i 3 years Leaving w/i 4 years Leaving w/i 5 years
Female 3 35 48 67 79
Male 4 25 50 68 78
Non-Minority 4 23 47 66 76
Minority 4 28 52 75 85
Based on 2008 statistics gathered by the National
Association for Law Placement
19
Associate Survey ResultsDemographics
  • Survey Respondents
  • 63 associates completed the survey
  • 41 Diverse (racial/ethnic minorities, GLBT)
  • 22 Non-diverse (white women)
  • 45 Female
  • 18 Male

20
Associate Survey ResultsSummary
  • 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

21
Associate Survey ResultsSummary
  • Areas of Concern
  • More than half disagree or dont know if their
    firms 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

22
Associate Survey ResultsSummary
  • Areas of Concern
  • Only half know the standards for advancement and
    more than half dont 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)

23
Associate Survey ResultsWish 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.
24
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

25
  • The CCIE
  • Inclusive Network
  • A Framework For Action
  • By Bruce James

26
CCIE Creating a National Model
  • 10 Pilot Organizations Participating in the
    Inclusiveness Network
  • Corporate Law Departments
  • Qwest Communications
  • Xcel Energy
  • Law Firms
  • Brownstein Hyatt Farber Schreck LLP
  • Dorsey Whitney LLP
  • Holland Hart LLP
  • Holme Roberts Owen LLP
  • Kamlet Reichert LLP
  • White and Steele LLP
  • Government
  • Colorado Attorney Generals Office
  • Denver City Attorneys Office

27
Piloting CCIEs Inclusiveness Program
  • OUR EXPERIENCE WITH THE CCIEs 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

28
Piloting CCIEs 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 CCIES 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

29
Next Steps
An Overview of the Retention Initiative Meeting
of GCs and MPs Tuesday, March 16, 2010 at the
2010 Rocky Mountain Legal Diversity Summit
By Steve Smith
30
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?

31
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?

32
2010 Rocky Mountain Legal Diversity Summit
Tuesday, March 16, 2010 830 a.m. 500
p.m. University of Denver Sturm College of
Law 2255 E. Evans Ave. Register at
www.colegaldiversity.org
33
ACC-Colorado Upcoming Events
Corporate Law Wednesday, February 17th - 1145
a.m. Cool River Happy Hour Thursday, March
25th 400-630 p.m. Cool River International
Arbitration Wednesday, April 7th 1145 a.m.
Denver Athletic Club (downtown) For more
information, visit www.acc.com/coloradochapter
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