New York Lawyer
January 24, 2002

Q:
I am a partner who is friendly with an African-American associate � we don�t work together, but we�ve chatted and gotten to know each other a little. He is getting increasingly depressed about his work at the firm. He says that his white colleagues get good assignments seemingly without effort, while he believes he gets lesser assignments, and finds it hard to break into the schmoozing circle at the firm.

I am doubtful that race really plays a part in this, but who�s to say. I don�t really know the quality of his work. I know that firms often find it difficult to retain talented minority associates and I�d hate to see him become yet another statistic. Is there anything I can do?

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A:
You�re right about the discouraging statistics. The American Bar Association reports that more than half of associates of color leave their firms within their first three years. And while many if not most people believe themselves to be free of prejudice, unconscious racist attitudes can persist below the surface.

One of the tensions is that law firms, always conservative places, are notably risk averse. Studies show that this can have a particularly negative effect on minorities.

For instance, a study in the Harvard Business Review in April, 2001, by David Thomas, determined that while senior executives in corporations were willing to take a risk on white men who showed �promise,� they weren�t similarly able to recognize promise in blacks: they wanted solid proof of success before promoting them. (Once promoted, the study showed, the progress of black executives was swift and sure.) This shows what minorities have often maintained -- that they have to stay around longer, and do better work, to provide that unassailable evidence needed for promotion. The article also revealed that aggressive mentoring of African Americans made the difference between success and failure.

As for your situation: Don�t discount the possibility that one person, firmly on this guy�s side and encouraging him, can make the difference between him staying and going. You don�t work together, and perhaps you don�t work in the same practice area, so it might be hard for you to rate his work. Still, you can be an informal mentor. You don�t know whether racism is to blame, and while you may not want to agree unthinkingly with his view, I don�t think you should actively discourage him from speculating in that vein either � he could be right. You can, however, help him focus on the positive and on the future, rather than obsessing too much about perceived or actual slights at present.

You can also lobby for him with other partners. If you hear vague negative reports (�He doesn�t seem to have a good attitude�), try to probe a little bit to find out if they really amount to much, or if people are letting their natural herding instincts take over, handing assignments to those they feel comfortable with (and who look like them).

Your championing of him can send a valuable message to the rest of the organization -- that you trust him and view him as a player. Real change comes about when people such as yourself become leaders and work to make a difference.

Sincerely,
Holly English
Principal Consultant, Values at Work