1. Improving Retention and Promotion of Diverse Talent
Ken Payson, Partner and Hiring Chair, Davis Wright Tremaine LLP and WID Chair, Moderator
The Honorable Veronica Alicea-Galvan, Judge, King County Superior Court
Jessica Andrade, Shareholder, Polsinelli, PC
Kelly Harris, Chief of the Criminal Division, Seattle City Attorney’s Office
Lisa Tanzi, Corporate Vice President and Deputy General Counsel, Microsoft Corporation
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington

2. Retention and Promotion Remain Greatest Challenges
Minority representation at record high
Minority lawyers represent 16% of law firm associates, partners, and counsel
Numbers have increased among women and men
Women of color now slightly outnumber men of color
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington
Source: Vault/MCCA Law Firm Diversity Survey 2017 Report

3. Retention and Promotion Remain Greatest Challenges
Minority representation at record high
Progress most evident in incoming associate classes
31% of 2L summer associates who accepted offers in 2017 to return as full time associates were members of racial/ethnic minority groups
10 years ago closer to 25%
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington
Source: Vault/MCCA Law Firm Diversity Survey 2017 Report

4. Retention and Promotion Remain Greatest Challenges
Minority representation at record high
Minority partner level has increased by more than 2% since 2007
BUT, even though 1 in 4 law firm associates is a person of color, more than 90% of equity partners are white
And women of color represent 13% of associates, but less than 3% of equity partners
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington
Source: Vault/MCCA Law Firm Diversity Survey 2017 Report

5. Retention and Promotion Remain Greatest Challenges
Despite higher overall minority representation, attrition among minority lawyers is also higher
In 2016, almost 22% of all attorneys and 27% of associates who left firms were minorities
Both figures exceed those reported in previous 10 years
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington
Source: Vault/MCCA Law Firm Diversity Survey 2017 Report

6. Retention and Promotion Remain Greatest Challenges
Representation of women at record high
35% of law firm attorneys are women
Highest figure in 10 years
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington
Source: Vault/MCCA Law Firm Diversity Survey 2017 Report

7. Retention and Promotion Remain Greatest Challenges
Strong recruitment of women
49% of 2L summer associates
44% of all new lawyers hired
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington
Source: Vault/MCCA Law Firm Diversity Survey 2017 Report

8. Retention and Promotion Remain Greatest Challenges
BUT retention of women at firms remains poor
About 40% of lawyers who left firms were women
Fairly constant figure in past 10 years
And 11% of lawyers who left firms were women of color
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington
Source: Vault/MCCA Law Firm Diversity Survey 2017 Report

9. Retention and Promotion Remain Greatest Challenges
Growing number of openly LGBTQ attorneys
2.5% of law firm attorneys are openly gay, lesbian, bisexual, or transgender
4.6% of summer associates are openly gay, lesbian, bisexual, or transgender
Some gains may be attributable to more widespread reporting
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington
Source: Vault/MCCA Law Firm Diversity Survey 2017 Report

10. Retention and Promotion Remain Greatest Challenges
Data constraints for attorneys with disabilities
Underreporting remains an obstacle for capturing reliable data for attorneys with disabilities
30% of law firms surveyed do not track or report disability information
The numbers reported—though quite small, under 1%—are trending upward
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington
Source: Vault/MCCA Law Firm Diversity Survey 2017 Report

11. Retention and Promotion Panel Overview
Specific retention and promotion challenges
What our respective organizations are doing or have tried to address those challenges
What has worked, what has not worked
How we can help each other leverage better outcomes
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington

12. Specific Retention and Promotion Challenges
Implicit bias
Lack of critical mass
Inequitable allocation of high-value vs. low-value work
Inequitable inclusion in formal and informal social and/or networking opportunities
Resulting isolation, lack of mentors/sponsors, lack of opportunities
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington

13. What Our Respective Organizations Are Doing
Affinity groups
Reduce isolation/boost morale
Safe space for sharing/letting down “mask”
Training programs
Implicit bias training
“Dialogue across differences”—discuss scenarios where differences can appear in workplace and how members of underrepresented groups might feel
Encourage engagement with outside organizations, such as minority/specialty bar associations
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington

14. What Our Respective Organizations Are Doing
Sponsorship/mentorship
1:1
Mentoring rings—one mentor to several mentees
Monitoring allocation of high-value and low-value work
Considered in attorney review process for both work assignees and assignors
Participation of D&I committee in attorney review process to discern possible impact of implicit bias or inequitable opportunities
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington

15. What Our Respective Organizations Are Doing
Ensuring diverse case teams
Law firms’ self-imposed requirements
Measure and publish results
Better if tied to partner compensation
Client incentives
Bonus potential for law firm meeting client diversity goals of meaningfully diverse case teams, e.g., underrepresented group members as 1st or 2nd chair
Requiring underrepresented group members among proposed case team leadership in pitch proposals
Including diversity in succession planning
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington

16. What Our Respective Organizations Are Doing
Book clubs focused on different lived experiences to understand how members of underrepresented groups might feel
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington

17. Resources
Vault/Minority Corporate Counsel Association (MCCA) Law Firm Diversity Survey 2017 Report
Survey-Report.pdf
National Association for Law Placement (NALP) 2017 Report on Diversity in U.S. Law Firms
MCCA Recommended Diversity Practices for Law Firms
MCCA Study of Law Department Diversity Best Practices
ABA Diversity in the Legal Profession the Next Steps
eckdam.pdf
Diversity, Equity, and Inclusion Action Grid (though not focused on the legal profession, very applicable and comprehensive resource from Obama White House archives)
20Inclusion%20Action%20Grid.pdf
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington

18. Resources WSBA Diversity & Inclusion Resources
Directory of Washington State and National Minority and Specialty Bar Associations
associations
LEGAL EXECUTIVES DIVERSITY SUMMIT
The Next Level: Moving Forward on Diversity and Inclusion
May 23, 2018
Seattle, Washington