Importance of Diversity in the Legal Profession

Ten years ago, my family embarked on a family history trip. We traveled to Poland so that my grandmother could visit the concentration camp where she was once imprisoned, for the first time since being liberated, after the Holocaust. There, standing in front of the “Death Gate,” she told me that whatever I do in life, try to be a voice for those who need one. This has been a guiding principle throughout my personal and professional career.

While I was an associate at K&L Gates, I was fortunate to work with incredible colleagues on the firmwide LBTQ+ Employee Resource Group as well as the Pittsburgh office’s Diversity Committee to further and advance diversity, equity, and inclusion (DEI) efforts. There, we coordinated implicit bias trainings, planned Pride events, and participated in the interview process for the K&L Gates Diversity Fellowship program. Additionally, I was the City Lead for the Leadership Council on Legal Diversity’s (LCLD) 1L Success in Law School Mentoring program. In that capacity, I paired local diverse law students with practicing attorneys to ensure that the law students were prepared for law school, taking the bar, and starting their careers. Today, I remain an active member of the Pittsburgh Legal Diversity & Inclusion Coalition where I sit on the Community Building Committee.

Fostering diversity in the legal profession

My DEI efforts were interwoven with my practice as well. I led our office’s pro bono practice to support the Transgender Legal Education and Defense Fund’s Name Change Project where we provided name change services to local low-income transgender, gender non-conforming, and non-binary people. In addition, I co-founded the firm’s Anti-Human Trafficking Initiative, a first-of-its-kind partnership between a law firm and local law enforcement agency that focuses on identifying and providing legal assistance to underrepresented individuals who are victims of human trafficking in Western Pennsylvania, particularly LGBTQ+ victims of color – a historically underserved community.

When I decided to join BarkerGilmore, I realized that my dedication to making the legal profession a more equitable and inclusive place did not have to stop. Quite the opposite in fact; it has enabled me to make  a meaningful impact, but from a different angle. 

From race to gender to sexual orientation, diversity in the legal profession has been struggling for decades. Thus, it begs the all-important question: who is responsible for making the legal industry more equitable for underrepresented diverse attorneys: law schools, law firms, or corporate legal departments?  The answer is not so simple. Fortunately, BarkerGilmore is here to assist corporate legal departments in this important undertaking, and I am proud and energized to be part of this process.

A Proven Track Record of Diversity in the Legal Industry

BarkerGilmore is committed to assisting legal departments recruit and maintain diverse attorneys at senior-level positions. Since its inception, BarkerGilmore has been committed to advancing the careers of diverse legal and compliance professionals and has made diversity, equity, inclusion, and justice core values of the firm. Moreso than any of our competitors, BarkerGilmore’s values have translated into a real-world impact for legal departments, and in turn, the legal profession in general.

Statistics showing success fostering diversity in legal teams

One of BarkerGilmore’s proudest measures of success has been, and always will be, assisting clients by building out their legal departments with top-tier women and/or diverse candidates. In 2021, BarkerGilmore had an industry-leading placement rate of 69% for these candidates.  That said, 2021 was not an anomaly. For the past three years, 65% of placements were women and/or diverse candidates. BarkerGilmore is steadfast in its commitment to championing diversity in the legal profession..

One of BarkerGilmore’s proudest measures of success has been, and always will be, assisting clients by building out their legal departments with top-tier women and/or diverse candidates.

BarkerGilmore’s Unique Approach to Recruitment

Why does BarkerGilmore have such a high placement rate for women and diverse candidates?  We created the CustomFitSM recruiting process to ensure our searches consistently adhere to the highest standards and produce successful placements. What differentiates BarkerGilmore from our competitors is that candidates placed through our executive search process thrive in their new positions, cultivate healthy corporate environments, and positively affect other employees’ performances.

In order to assess whether an opportunity is right for a candidate, both personally and professionally, BarkerGilmore dedicates the time necessary to understand and appreciate the legal department’s culture and personality. This allows BarkerGilmore’s Search Consultants to reach out to our networks and confidently tell candidates that this is an opportunity where they can achieve long-term success.

A successful in-house legal career is inextricably intertwined with staying at one job, becoming a trusted business partner, and assuming additional responsibilities. Notably, 94% of BarkerGilmore’s placements remain at our client companies for at least three years. This is a strong measure of success not only for our clients, but also for our placements – especially our women and diverse placements. If the cultural fit were not right, our stick rate would not be 94% and placements would eventually leave. BarkerGilmore’s ability to assess the legal and cultural needs of our clients benefits our placements tremendously in their careers.

We created the CustomFitSM recruiting process to ensure our searches consistently adhere to the highest standards and produce successful placements.

In-House Recruitment’s Impact on the Legal Profession

Creating systemic and sustained change in the legal profession will require law firms and corporate legal departments to ensure that diverse legal and compliance professionals are afforded the same opportunities as their counterparts. This must happen at all levels of the organizations, not just at the ground level.

While a great deal of progress has been made over the past decade, there is still much to be done. According to the American Bar Association, most law firms are still experiencing the “glass ceiling” effect whereby there is strong emphasis on racial and gender diversity in the legal services at the lower levels, but a lack of representation among diverse professionals in higher roles and leadership positions. Corporate legal departments, however, have taken up the mantle and now lead the charge in effectively and efficiently advancing efforts for diversity in the legal profession.

In 2019, over 150 General Counsel signed a letter to law firms stating that they will “direct [their] substantial outside counsel spend to those law firms that manifest results with respect to diversity and inclusion.”  More recently, corporate legal departments went a step further and committed to building their own departments with diverse legal and compliance professionals.

LCLD started the “Leaders at the Front” movement where it asked leaders to create action plans and publicly commit to them. Many General Counsel stepped up and made commitments. Below are pledges from some of the largest legal departments in America:

  • Microsoft “[G]row our diverse candidate pool and increase the representation of diverse employees, including through use of diverse interview slates, and job postings with organizations focused on connecting with diverse populations as we seek to diversify the role models in the workplace.”
  • General Motors: “[C]ommit to diverse slate for new positions, and continuing growing, developing, and advancing diverse attorneys into executive and leadership roles.”
  • Adobe: “Ensure a diverse candidate slate is in place before an employment offer is made for an open role and build a diverse interview panel for each open role so candidates have a more inclusive experience.”

Corporate legal departments, however, have taken up the mantle and now lead the charge in effectively and efficiently advancing DEI efforts.

It is apparent that corporate legal departments are committed to reviewing racial and gender diversity in their slates of candidates for any open position. With an established track record and touting a 69% placement rate for women and/or diverse candidates, BarkerGilmore is ready to assist our present and future clients with any of their legal and compliance hiring needs.

Max Gelernter is a Managing Director at BarkerGilmore. Prior to joining BarkerGilmore, Max was an associate at K&L Gates in their Complex Commercial Litigation practice group. While at K&L Gates, Max was a member of the firmwide LGBTQ+ Employee Resource Group and the Pittsburgh office’s Diversity Committee. Max remains an active member with the Pittsburgh Legal Diversity and Inclusion Coalition.

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