Diversity in the Heartland: A Look at Efforts in Columbus, Ohio

Columbus, Ohio is not only one of the fastest growing metro areas in the Midwest, and the 15th largest city in the country, it is where large and prestigious law firms are seizing an opportunity to diversify their legal ranks.

What distinguishes this city from others located in America's heartland is that its law firm diversity measures are formalized in a five-year project known as the Managing Partners' Diversity Initiative. Today, the initiative is a unique collaboration of 24 Columbus law firms that are striving to achieve the best practices of recruitment, retention, and promotion of minority attorneys, with an emphasis on creating an environment conducive to reaching the partnership level.

The diversity plan came to life following a survey in 2000 that revealed that of 1237 attorneys in the participating firms, only two percent were African American and only one percent combined were from other minority groups. That was in stark contrast to the 2000 U.S. Census figures that showed the general population of Columbus was made up of 67.9 percent white persons, with 24.5 percent African Americans and American Indians, Alaska Natives, Asians, and Hispanics making up the balance.

The 13-page action plan, with seven distinct objectives, was signed by the managing partners of each of the participating law firms as an acknowledgment that, despite individual efforts and good intentions, they had been unsuccessful in achieving meaningful levels of diversity. The strategies for attaining diversity that they have identified as being critical include breaking through stereotypes in hiring; implementing mentoring; and creating awareness that diversity improves diversity. The latter goal presupposes that increasing minority attorneys at all levels in the firm helps build critical mass so minorities don't feel so much in the minority, and helps attract and retain new talented attorneys of color.

While several individuals deserve credit for bringing the signatory firms together, many point to Carl D. Smallwood's leadership as a factor in getting the project off the ground. "As president of the Columbus Bar Association, in June 2000 I issued the call to action in the legal community, participated in bringing the managing partners together, and helped to guide this process to the point where, in May 2001, 22 law firms signed the written initiative," says Smallwood, a partner at Vorys, Sater, Seymour and Pease LLP. The co-convenors of the effort were two managing partners: Alex Shumate of Squire, Sanders & Dempsey's Columbus office and Ben Zox of Schottenstein Zox & Dunn.

Shumate agrees this step is vital. "We actively monitor our progress, submit annual reports, and employ a full-time professional, Annette L. Hudson-Clay, to administer the program."

As diversity director of the Columbus Bar Association, Hudson-Clay believes that in a second-tier city, the importance of client driven incentives to diversify may not be as compelling as in first-tier cities. "The business case for inclusion must incorporate critical elements of the firm culture to make gains in hiring and retaining attorneys of color meaningful and long-term. Our diversity initiative encompasses firms as small as 15 attorneys and as large as 300. Each firm is faced with discovering and marketing what makes them unique and attractive to the attorneys they want to hire."

Elizabeth J. Watters, a partner at Chester, Willcox & Saxbe, LLP and a member of the Board of Governors of the Columbus Bar Association, says, "Any legal community will be more effective in meeting the needs of its diverse population if the individuals who live in the community have better representation among local law firms. That is, at least in part, the goal of this initiative -correcting the diversity imbalance that existed in Columbus law firms and establishing better work environments."

Better representation takes many forms. "The initiative was born out of a lot of things that were happening," explains Michael E. Flowers, a partner with Bricker & Eckler LLP. "Number one, corporations-our clients-began to ask the law firms on a regular basis about the lawyers working their matters: 'Are lawyers of color entering and advancing and being retained by your firms?' When clients ask those questions, law firms take notice, as they do any other client concern, and take measures to be responsive."

Shumate explains the tide of enthusiasm for the initiative. "The managing partners readily agreed to come together to talk about ways we could collectively improve, increase, and strengthen the commitment of our law firms to a diverse work force," he recalls. Anthony C. White, a partner at Thompson Hine, sees the payoff. "Through the first four years of this initiative we are now getting the bar to represent our community the way it really is, and that is inclusive."

Joanne S. Peters, a partner at Isaac, Brant, Ledman & Teetor LLP, agrees, saying, "In terms of gains in diversity within law firms since the initiative, there has been a marked increase in recent years, but we all need to strive to do more. In our own firm, we have made a conscious effort to reach out to people of ethnicity to practice law with us, recognizing that our clients are diverse and, thus, that we may be able to better serve them."

Review and Assess

Part of the initiative's impact is in keeping the law firms accountable, and peer pressure to succeed plays a critical role. Smallwood explains that the initiative established a schedule for meeting annually to review and assess progress with diversity. "The original plan contemplated that the managing partners, the law school deans, and the bar association leadership would meet annually for half a day to take stock, determine where they have been, assess how they are doing, and what they are going to do in the future," he notes. "These annual meetings reinvigorate the process."

According to C. David Paragas, partner-in-charge at Benesch, Friedlander, Coplan & Aronoff LLP, the efforts of the Columbus Bar Association have been far reaching across the board, "The Columbus Bar Association's Managing Partner's Diversity Initiative gave me an opportunity-as a minority and a managing partner of a branch office-to advocate a program for the entire firm and not just my office. Quickly, Benesch recognized the propriety of this initiative and adopted the program firm-wide. Our Cleveland office has also adopted a diversity policy and we are integrating these priorities into our firm culture."

Shumate attributes the success they have enjoyed to the fact that the firms' diversity initiatives were not delegated to a committee or a hiring chair. "The managing partners of our largest law firms made a commitment to the program from the beginning, and have stayed actively involved in its ongoing implementation."

The format of the annual half-day managing partners meeting has changed each year. The firms discuss qualitatively how they are doing and what impact the initiative is having, but each year receive a different message. The first year was focused on the strengths, weaknesses, and barriers to diversity. The second year, in-house attorneys were brought in to share their view of the importance of diversity. Last year, the discourse was led by attorneys from three law firms from throughout the country who discussed best practices on minority recruitment and retention. This year's meeting, held on May 12, featured a speaker from Global Lead Management Consulting about retention strategies for law firms and a prominent attorney, Dennis Archer, whose accomplishments include being the first lawyer of color to be elected as president of the American Bar Association.

For Michael Flowers, Archer's message about the need for global assessment and recruiting really struck a chord. Flowers recollects that Archer spoke about a competitive advantage on several levels that law firms gain when they understand, embrace, and implement a successful diversity strategy. "First you are competing for legal talent, so if you are able to broaden your talent pool by reaching out to a more diverse set of lawyers, you have the advantage of making sure that your firm, in fact, has a chance to attract the best and brightest lawyers across all groups," points out Flowers. "Corporations are increasingly using diversity as a benchmark as to how they gauge the outside counsel that they hire. They want to know what a law firm has done in the diversity arena."

Anthony White took away an additional message: "What came out of the meeting was the question, 'Are we satisfied?' and the answer is no, not as we sit here today." "We have to set our priorities, and then we need to figure out what steps we need to take to achieve those second-tier priorities," White elaborates. "I don't know the answer to the question, 'What is it going to take?' But, I know that the managing partners' diversity initiative through the CBA is the way to do it, and I know that as a group we are committed to getting it done," he stresses.

Retention is More than Numbers

By all accounts, the hiring of diverse attorneys is up. Smallwood says, "We have demonstrated that hiring can be successful in increasing the numbers of lawyers of color in firms, but the key is retention."

According to Smallwood, the number of minority partners has increased at these firms from 13 in 2000 to 33 in 2005. "We are beginning to see a steady increase in minority partners, and that is a powerful indication that retention is occurring. To judge retention, you probably need a longer period than four years. Nonetheless, we are pleased that the number of minority lawyers in these law firms has increased from 46 to 109 in the four years."

These days, notes Alvin E. Mathews, Jr., a partner at Lane, Alton & Horst, the signatory law firms are really making a concerted effort, not at filling quotas, but at attracting quality people. Shumate agrees, "The top quality minority students are highly sought after. I think that we have set a new commitment and inclusive tone, and a plan in place to ensure success. That has been a key to moving us forward."

Attorney Sharon L. R. Miller of Blaugrund, Herbert & Martin points out, "Within our firm, we have made a conscious effort to support the initiative and to take the stated goals into consideration when we are making hiring decisions. If the majority of us makes an effort, even on a small scale level, the overall results can be dramatic."

Firms should be focusing on retention early in the process with prospective candidates, points out Aaron A. Dryer, an attorney at Porter Wright Morris & Arthur. "When evaluating firm offers of employment, many younger diverse attorneys report a greater comfort level when more senior diverse attorneys are present within a firm, so high retention can be a very effective recruiting tool. Furthermore, these more senior attorneys are able to provide unique mentorship and empathetic guidance to younger diverse attorneys as well, which can result in even better retention rates."

Otto Beatty III, a partner at Baker & Hostetler, where diversity is a top priority set by co-executive partner Alec Wightman and Columbus office managing partner George Hairston, points to the fact that many firms have hired their first attorney of color as a result of the initiative, but indicates that long-term retention and promotion to partner of attorneys of color will be the true test of the collective commitment to diversity.

"I think that if a firm decides they want a lawyer of color, they are going to be able to find someone that meets their criteria," says Beatty, who is a second-generation attorney. But, he believes that more of an emphasis on mentoring is needed if retention levels are going to improve. "Bar association or law firm policies do not guarantee that law firms will make a personal investment in a person of color in order to facilitate that person's success. There are some lawyers of color who have joined law firms, but still haven't found that true advocate or mentor to bring them along and increase their opportunities for long-term success."

"When we talk about the retention side of keeping lawyers of color, it becomes more complex," explains Flowers. "Many lawyers today do not come in with the idea that they are going to stay there until they retire. Knowing that, I think law firms have to do all they can to retain all lawyers because of the high cost of losing a lawyer after two to three years."

Competition for talent is always a factor when firms talk about retention. "Because of the increased awareness of the need to retain qualified, diverse legal talent and the concerted effort being put forth by most notable law firms in this area, competition is keen," says Brigid E. Heid, a shareholder at Luper Neidenthal & Logan. "We invest a significant amount of effort to employ diverse legal talent and want to do what we can to keep them. All turnover is expensive, and in this arena even more so."

Blaugrund, Herbert and Martin's John W. Herbert agrees, "There's no point hiring people to have them leave. First, there's always a cost to hiring, even skilled attorneys who require little or no training. The cost is higher with new grads who must be taught how to apply theory to the problems they're actually called upon to solve."

But Herbert also sees a tenet of the diversity initiative that is just as important as economics. "If diversity is valuable to both the bar and the community the bar serves, law firms need to be diverse at all levels of their practice, not just gross numbers. If minority attorneys leave prematurely-before they've become senior associates or partners-we've only created a more cynical 'ghettoization' of the bar," he says.

Watters notes that, "While the diversity initiative as been very successful its first few years, the retention and advancement of women and attorneys of color through the partnership ranks of law firms will ensure that the initial strides made by firms become long-term successes and that diversity is a permanent facet of the legal profession in Columbus."

Flowers has seen other ways that firms can keep their talent from jumping ship. "What I think law firms that are grappling with diversity should keep in mind is that lawyers of color, in particular, are going to need the support of the law firms in their community service," he says. He explains that in his experience, lawyers of color are viewed by many social services and grass roots organizations as a vital resource and touch point to the larger community. "Make it comfortable for them to grapple with those demands, and I think that law firms will have better success at retaining those individuals."

Several attorneys point out that there is a flip side to retention. "What I have observed is that many lawyers of color leave and may do one of two things: They may go in-house, and therefore they can become a tremendous business referral source, or many are becoming more entrepreneurial starting businesses, and may become clients," says Flowers.

"So the message is, certainly, make sure that you do what you can to make the time that you have with the lawyer of color enjoyable, and make the environment conducive to staying. But also keep in mind as they may exit to have them think highly of their experience with the firm, because they have a decision to make as to where to send work; either as an in-house lawyer or as a principal in a business," says Flowers.

RESULTS OF THE COLUMBUS BAR ASSOCIATION'S SURVEY According to the 2005 Managing Partner's Diversity Initiative Survey: Since 2000, the number of minority attorneys has more than doubled, beginning at 46 (comprising 3.7 percent of the total attorney population) to the current 109 (comprising 7.65 percent). While the number of all attorneys has grown 15 percent since 2000 (186 attorneys), the number of minority attorneys has grown 137 percent (63 attorneys). The number of minority attorneys at the partnership level has increased from 13 to 33, and associates from 31 to 70. Partners are considered critical recruitment magnets, as they participate in the leadership of the firm. Diversity levels increased in firms of every size since 2000. Small firms went from 1.3 to 7 percent minority attorneys (3 to 23). Medium-sized firms went from 5.8 to 10 percent minority attorneys (16 to 31). Large law firms went from 3.7 to 7 percent minority attorneys (27 to 55).

Streamlining the Process

Participating law firms are always willing to share with each other what works and what doesn't, and to suggest alternatives to the status quo. Larry H. James, a partner at Crabbe Brown & James, describes an early debate centered around whether law clerks in the initiative's program could return to the same firm for a second year, or whether they would be required to seek a position at another firm. James saw the former as being a better practice as it concerned minority clerks. "If you look at turnover at law firms, it is about 30 percent, and for minorities it is as high as 55 to 60 percent," says James. "The longevity creates a better potential for employment."

Beatty, a University of Michigan graduate, would also like to see the opportunity for students other than those who attend Ohio State Law School or Capital University Law School to be eligible to participate in the initiative's minority law clerk program. He points out that many, including him, have brought this idea to the attention of the Columbus Bar Association. He believes this change would assist in attracting minorities to practice in Columbus. "You do have individuals, such as myself, that are from the Columbus area who choose to attend other law schools out of town for various reasons, but still may have a strong desire to practice in Columbus after graduation."

For his part, Smallwood now has the role of going to other cities, including Indianapolis, Kansas City, Pittsburgh, and Cleveland, and other communities that are interested in talking about what Columbus has been accomplishing with law firm diversity.

Come to Columbus

When recruiting, says Shumate, law firms should keep in mind that they are competing with employers in Chicago, Cleveland, and Atlanta. Alvin Mathews would tell young attorneys contemplating a move to Columbus that they will get an opportunity that "doesn't stop when they walk in the door. The opportunities continue because the commitment is not to just hire talented minority lawyers, but once they are hired, to give them quality projects and leadership opportunities," says Mathews.

"We are a growing city that welcomes people who aren't from Columbus," continues Mathews. "This is a place where you can attain success and it is a good place to raise a family, which is often a goal of a professional."

Shumate also points out that Columbus enjoys the largest public university in the country, is the state capital, has a strong business community, and a high quality of life. "We've learned that as we get better at telling our story, we get better at recruiting and retaining talented young attorneys," Shumate notes.

As stated by C. David Paragas, partner-in-charge at Benesch, Friedlander, Coplan & Aronoff, "Despite a sluggish economy in the midwest, Columbus has thrived both in domestic and international markets. As a hub for research and technology, healthcare, logistics, and education, there are ample opportunities for lawyers and other professionals. More importantly, one of our noted strengths is community unity and now diversity-both in the public and private sectors."

The current Columbus Bar Association president, Sally W. Bloomfield, notes that, "A place like Columbus, Ohio is not usually the city of destination for many of the students of color graduating from law schools throughout the nation. However, we have discovered our legal community is appealing because it has welcomed students from Capital and OSU Moritz Law Schools, practicing lawyers with ties to our community, and of course, the commitment to increase diversity as demonstrated by the largest law firms in the Managing Partners Diversity Initiative."

What will happen after the sixth year of the initiative? Watters envisions a larger, long-term goal for the Columbus legal community. "I believe that the Managing Partners' Diversity Initiative should continue to grow and expand, so that the program is reaching out to an even larger segment of the practicing bar. I also believe that the hiring practices of law firms should evolve to reflect the ever-changing diversity of the population of Central Ohio," Watters concludes.

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From the July/August 2005 issue of  Diversity & The Bar^®