CBA Record January 2019

CBA REPORTS ON THE FUTURE OF THE PROFESSION Diversity and Inclusion in the Legal Profession: First Steps Toward Change

By Katie Liss and Clare McMahon

CBA Record Editorial Board D iversity and Inclusion in the Legal Profession: Steps Toward Change was the topic of a recent Chicago Bar Association CLE workshop held at the law firm of Holland & Knight LLP. The workshop was developed in response to the CBA’s 2018 Report on the Future of the Practice of Law in Chicago (Report) and its recommendations about what lawyers can do to address the continuing challenges of diversity and inclusion in their workplaces. The workshop focused on three areas highlighted in Section III of the Report to encourage dialogue about and solutions to the challenges of diversity and inclusion within the law: (1) implicit bias, (2) hiring and promotion practices, and (3) the law school to attorney pipeline. The workshop format included presentations on each of the above areas by a distinguished faculty: Judge Thomas Mulroy, Dean Jennifer Rosato Perea, and Dr. Anna Kaatz. The presentations were followed by circuits of three different breakout sessions led by roundtable discussion leaders Jessica Bednarz, Daniel Cotter, Daissy Domin- guez, E. Lynn Grayson, Katie Liss, James McKay, Emily Roschek, and Lara Wagner. The breakout sessions encouraged audience involvement and elicited input about the issues raised by the faculty to add more diversity and inclusion in their workplaces. As the discussion leaders moved around the room, working with each table, partici- pants helped them compile comments to be reported to the body. Those findings will also be published in an online whitepaper for CBA members. The workshop proved to be a valuable tool for our members and is a format that can be replicated in workplaces. Below is a restatement of the three topic areas exam-

Program participants discussed issues such as implicit bias, hiring and promotion practices, and the law school to attorney pipeline.

goals to improve diversity and inclusion was useful, but that we needed to be more aware of stereotyping and labeling people, as the term “bias” could have a negative connotation. It seemed clear to the par- ticipants that we need to have more educa- tion about this topic and work in a more productive manner about a sensitive topic. Additionally, individuals thought diversity and inclusion issues could be eradicated in time as a younger generation of lawyers is more inclusive in its work and family circles. However, the question arises as to how to accelerate this important change in perspective and make the vocabulary surrounding diversity and inclusion less pejorative (e.g. biased, prejudiced, etc.) to encourage people to examine their implicit belief systems. Implement a more progressive hiring and promotion system within law firms and the judiciary to advance diversity. CBA workshop participants noted that the Mansfield Rule, which requires that women and minorities make up a minimum of 30% of the candidates for “leadership and governance roles, equity

ined in the workshop so that all members have a framework to discuss the future of the legal profession and how issues of diversity and inclusion affect their work- places and the courts. Roundtable Discussion Topics Identify implicit biases about diversity and inclusion to help workplace leaders design a strategic plan to make real change in today’s firms and organizations. CBA participants understood that everyone has implicit biases. It’s a matter of making yourself aware of these biases and understanding which ones are harmful to others. Therefore, participants wanted to learn more about the concept of implicit bias. They noted that workplace training they have been involved in has not dealt with the topic of implicit bias. Only a few participants had taken a frequently used assessment test found on Harvard Univer- sity’s website (www.implicit.harvard.edu). Many participants stated that implicit bias is something that is learned at home and is culturally determined at a young age. Regarding implicit bias in the work- place, participants stated that setting

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