Less than half of large U.S. law firms have a designated diversity manager, and only half of these managers are dedicated full-time to the position, according to a survey on the role and responsibilities of the primary diversity staff member in AmLaw 200 firms, conducted in 2005 by Altman Weil, Inc. and MCCA®. A total of 74 firms responded to the web-based survey (a 37 percent response rate). More than half of the survey participants (52 percent) were from firms with more than 400 lawyers.
Many diversity managers believe that in order to do the job properly and thoroughly, it requires 100 percent focus and devotion. "Without a full-time commitment, it is as if a firm is saying that the position is not as important as other management or strategic positions in the firm," says Carl Cooper, chief diversity officer for Kilpatrick & Lockhart Nicholson Graham LLP. Cooper believes that if the designated diversity officer is to do the job right, a full-time position is necessary.
Theresa Cropper, national director of diversity at DLA Piper, says that, "The position requires full-time commitment and attention if a firm wants to take their diversity efforts to the next level." Russell Harris, the diversity initiatives manager at Mayer, Brown, Rowe & Maw LLP, adds, "Appointing someone to lead the diversity program is indicative of the firm's level of commitment."
But Nolan Atkinson, chair of Duane Morris' diversity committee, feels that the person leading the firm's diversity efforts may not have to commit full-time if there are supporting individuals and committees to assist in the role. In fact, although most firms have not designated a full-time diversity manager, about 94 percent reported having a diversity committee to address the issues.
The Three Rs: Reporting, Roles, and Responsibility
"Diversity managers are most effective when they report to a partner who is an ‘opinion leader' who has responsibility for diversity efforts in the firm," says Katie Herzog, president of Eastern Point Consulting Group, Inc., which specializes in diversity issues for major law firms. "While in many firms that means the managing partner, in some firms a partner with a great deal of political capital leads the diversity efforts."
"It is not possible to prescribe the ideal reporting relationship in law firms by position," Herzog continues. "It is better prescribed by access to opinion leaders who have the desire, authority, and responsibility to ensure that diversity efforts in the firm are effective and sustainable."
According to survey results, the primary responsibility of diversity managers is to develop and promote diversity goals and strategies, implement short-term and long-term diversity plans, and work with the recruiting committee. Respondents reported the top 10 responsibilities for the diversity manager as follows:
- Develops and promotes diversity goals and strategies.
- Ensures implementation of both a short-term and long-term strategic diversity plan.
- Works with the recruiting committee.
- Promotes awareness of issues that impact diversity in firm management, operations, and governance.
- Ensures that the firm supports law school minority organizations and local and national minority bar associations.
- Develops programs to ensure that the firm has an environment that fosters inclusiveness and support for all lawyers to encourage retention.
- Implements and monitors objectives and strategies.
- Presents diversity updates at management committee meetings or as requested by firm management.
- Works with the firm's professional development committee.
- Continually evaluates the effectiveness of the firm's structure, policies, and practices.
There are a multitude of additional responsibilities that encompass the role. Harris explains, "Responding to RFPs from corporate clients, providing specifics of the firm's demographics alone, is a time-consuming venture." He elaborates, "Coordinating the firm's internal and external programs, such as panel discussions, workshops, and firmwide educational opportunities, as well as investing time with affinity groups, law students, and summer classes, can be a job all itself."
Background
What skills, education, and experience do diversity managers bring to the position? The survey found that slightly more than half—53 percent—of diversity managers are lawyers practicing in the firm. The remainder are staff members, administrative managers, or non-practicing attorneys.
Duane Morris' Atkinson believes that a lawyer is ideal for the position. "The diversity manager should be familiar with the academic and professional experience of lawyers. He or she should have an understanding of the complexities and dynamics of the law firm environment." He also believes that individuals in the position should have an appreciation for the characteristics of new and young lawyers entering the law firm.
DLA Piper's Cropper thinks that the diversity manager "should be intimately familiar with what it means to be a lawyer and the process of becoming a lawyer. He or she should be sensitive to the law and how law firms work."
Just over 65 percent of diversity managers report that they came into the position with a background or experience in diversity issues. That experience ranged from work as an advocate or liaison for the firm's diversity initiatives or developing and launching a firm's diversity efforts, to experience as a diversity officer in a corporate setting.
Diversity management in law firms is becoming a niche industry. More and more, continuing legal education programs, bar associations, affinity groups, and other initiatives are serving as resources for ongoing information gathering and education.
Compensation
The survey reports that 2004 total cash compensation for diversity managers ranged from $26,000 to $1,300,000. This figure is skewed by the number of diversity managers who are practicing lawyers, whose average compensation was $478,000. The average compensation for non-lawyers is $117,000. At least one position reported a salary as low as $26,000, this skews the mean toward the low end and signals a non-manager level position or a portion of salary prorated based upon a small percentage of time allocated to the position. When considering compensation, "Firms must appreciate that diversity managers are specialized professionals and must be compensated as such," says Cropper.
The Diversity Committee
Almost all firms who participated in the survey have a diversity committee, which usually includes partners, associates, management committee members, and administrative managers. In forming its diversity committee, DLA Piper's philosophy is to create the best team for success. "Firm leaders must be included on the committee," Cropper states. The chart below shows the response to the survey question regarding composition of the diversity committee, and percentage of firms that include the position as a committee member.
Future of the Position
The diversity manager position in large law firms is still in its growth stage, being organically shaped in law firms every day. The position functions differently and with objective goals in every law firm.
When asked about the future of this position, Cropper says she would like to see the position become fully integrated into the mainstream of the law firm. "The diversity manager should be as commonplace as the pro bono manager or professional development manager," Cropper concludes. "To create a place for people to thrive and not just survive, the diversity manager position is critical."
Virginia Grant is a senior consultant with legal management consultancy, Altman Weil, Inc., serving clients in the areas of organization, client satisfaction, custom benchmarking, strategic planning, and management structure.
From the May/June 2006 issue of Diversity & The Bar®