New York Lawyer
May 15, 2003

Q:
Given the dire economic times in New York following 9/11 and the recent recession, how can a newly admitted minority attorney find an opening, much less a mentor?

The largest minority firm in NYC has less than 15 lawyers, so where should I look for guidance? I have spoken with members of my local bar association, but they could not provide a definitive strategy. It seems that this problem is not an easy fix. I truly believe partners want associates that look and act like them, so what do you suggest?

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A:

Statistics suggest that minority lawyers don't have an easy time of it in law firms. In 1993 attorneys of color comprised 2.55% of partners in law firms, according to a survey by the National Association for Law Placement (NALP); another NALP survey last year showed that figure had hardly budged, up only to 3.71% (with minorities representing 14% of associates). Minority attrition is routinely higher than overall levels of attrition at firms. A disquieting article in The American Lawyer (October 4, 2001) chronicled the efforts of Cleary, Gottlieb, Steen & Hamilton to recruit and retain minority lawyers from 1989 to 1996. Over that time period, while an impressive cadre of minority lawyers was built up, most of them eventually left. At least Cleary distinguished itself in recruitment efforts, whereas most firms make minimal efforts to increase diversity. The culprits most often cited for this state of affairs are inadequate mentoring and fewer opportunities to take on challenging work. It's true that partners tend to gravitate towards people they feel comfortable with. This is aided by the fact that so many firms have informal systems for assigning cases, therefore it's routine for partners to seek help from people who "look like them." Women lose out, too, since so many partners are men.

What can you do? Obviously, job hunt aggressively as you would at any time where the market is tight. Ask around and read as much as you can (like on internet message boards) to determine a firm's reputation are for openness and for providing genuine opportunities. Many firms would very much like to increase their minority representation. Some have diversity managers (such as Kirkpatrick & Lockhart and Shearman & Sterling), and they would be a good place to apply.

You say that you have spoken with bar association members, but that didn't prove helpful. I'd say to hang in there and continue to seek networking opportunities at bar associations and committees in your area. Very often the key to finding a mentor and landing a job is building on relationships. dvFor instance, in New York there's a Committee on Minorities in the Profession within the Association of the Bar of City of New York, as well as a Committee to Enhance Diversity in the Profession; there are also the Metropolitan Black Bar Association, Asian-American Bar Association, and the American Indian Law Alliance. You can get to know people in those settings who at the very least can give you encouragement and guidance and - who knows? - may be able to lead you to a job.

Once in a firm you can make yourself an appealing associate, by doing great work, seeking out feedback so you can improve, socializing whenever possible, etc. If you are a man it's easier, as most firm partners are male and feel more comfortable socializing, hanging out with and bantering with other guys.

Finally, you might mull over whether you are bound and determined to join a firm. Often inhouse departments and government units are more inclusive and aggressive about hiring minorities and retaining them. (Recall that corporations filed amicus briefs in huge numbers in support of affirmative actions programs for the recent case involving affirmative action before the U.S. Supreme Court.) Put these efforts together and you may be able to beat the discouraging statistics.

Sincerely,
Holly English
Principal Consultant, Values at Work