Elimination of bias in profession

STRATEGIES FOR THE ELIMINATION OF BIAS IN THE LEGAL PROFESSIONCREATING FIRMS WHERE EVERYONE HAS A CHANCE TO SUCCEED

©Susan Letterman White 2009Letterman White Consulting [email protected] 610.331.2539 twitter

@susanletterman

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It takes a type of privilege, which not everyone has, to become a lawyer. Experiencing, any type of privilege or the lack of, builds

one’s social identity and a connected unconscious bias.

©LettermanWhite.com 2009

What is social identity?

•Social identity is a comparison based on perceptible characteristics, like gender, race, age, able-bodiedness, education, sexual orientation, socioeconomics, and culture.

•Culture is the visible expression of the way we do whatever we do – our values and other hidden beliefs in action including religion or ethnic background

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What is unconscious bias?

•We make sense of our world through comparisons of perceptible characteristics and experiences.

•We make sense of our world to protect ourselves from danger.

•Our perception and decision-making processes are flawed.

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What is privilege?

•Privilege is the power connected with any characteristic.

•Education level is a privilege that makes it possible to attain a professional degree.

•Competency is a contrasting power to privilege and often not as strong.

•Privilege leads to stereotyping and priming.

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OUR TOPICS

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WHAT ARE WE TALKING ABOUT?

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WHAT IS INCLUSION?

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INCLUSION FOR WHAT?

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CURRENT REALITY IN PROFESSION

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CURRENT REALITY IN PROFESSION Cont’d

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CURRENT REALITY IN YOUR FIRM OR ORGANIZATION? HOW INCLUSIVE IS IT?

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CURRENT REALITY IN YOUR FIRM OR ORGANIZATION CONT’D

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WHY CHANGE? MOTIVATION FOR CREATING INCLUSION

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SYSTEMIC IMPACT OF INCLUSION

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MOTIVATION: IMPROVE THE SYSTEM

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WHAT WORKS?

•Strategy conversations that discuss differences and their connection to growth strategy of the firm.

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OFTEN AND WITH EVERYONE

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CONVERSATIONS ABOUT THE LAW FIRM•What is the dominant culture here and how is it

shaped by the unconscious biases of individuals?•Who is in the dominant culture and who is out?•How are people who are out, excluded and

marginalized?•How can I use my privileged “in” status to create

ally, coaching, or mentoring partnerships with less privileged people in the firm?

•Look at dominance, power, and marginalization

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MAKE THE CONVERSATIONS PERSONAL

•What are the various social identities that I hold?

•What are my values, beliefs, biases, and assumptions about people whose social identities are different from mine?

•What are the unconscious biases, which I and others hold that interfere with inclusion?

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Law Firm Changes

•Strategy design and implementation•Attorney development programs•Organizational roles•Quotas•Public statements of intentions•Collect data•NAWL list

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Individual Changes• Have a career plan;• Express interest for firm leadership positions;• Get to know firm leaders so they know you;• Exercise leadership roles outside the firm in bar associations,

industry groups, and on boards; • Advising superiors of one's leadership capabilities and

achievements; • Asking to be included in client pitches; • Affirmatively courting clients, particularly women in leadership

positions;• Developing a reputation in practice areas through writing,

speaking and appearing at client events; • If you are privileged, become an ally or champion• Skill building for effectiveness in speaking up for self and others,

negotiating• Initiate the conversations • Actively search for and find allies, mentors, coaches, champions

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UNCOVER UNCONSCIOUS BIASES


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LAWYER UNCONSCIOUS BIASES

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DENYING DIFFERENCES IS GOOD

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EMBRACING DIFFERENCES IS BETTER

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MISTAKES ARE BAD

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MISTAKES ARE THE STEPS TOWARD A BETTER SOLUTION

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ACT AUTONOMOUSLY ALWAYS

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THE LIMITS OF AUTONOMY

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SOLVE REAL TIME PROBLEMS OF LAW FIRMS WHILE BUILDING INCLUSION AND SKILLS FOR

INDIVIDUALS

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INCLUSION IN STRATEGY DESIGN AND IMPLEMENTATION PROCESS

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CONCLUSION

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REFERENCES• Miller, F. A. and Katz, J.H. (2007) The Path from Exclusive Club to Inclusive Organization

retrieved on December 23, 2009, from http://www.kjcg.com/news/articles/documents/The_Path_from_Exclusive_Club.pdf

• Finkelstein, S., Whitehead, J., & Campbell, A., (2008) Think Again. • Ariely, D. (2008) Predictably Irrational: The Hidden Forces That Shape Our Decisions• Rock,D. (2009)Managing with the Brain in Mind, Strategy + Business, Iss. 56• Report of the National Association of Women Lawyers, July 2208, Actions for Advancing Women

into Law Firm Leadership• The Project for Attorney Retention, September 2009, Reduced Hours, Full Success: Part-Time

Partners in U.S. Law Firms• Wall Street Journal Blog More Female Partners: A Noble Goal, but How to Get There? (and

comments) retrieved on December 23, 2009, from http://blogs.wsj.com/law/2009/09/30/more-female-partners-a-noble-goal-but-how-to-get-there/

• Hampson, S., Nice girls don’t get raises Globe Life retried on December 23, 2009, from http://www.theglobeandmail.com/life/work/nice-girls-dont-get-raises/article1208401/

• Hinton, E. (2004) Microinequities: When Small Slights Lead to Huge Problems in the Workplace, DiversityInc.com.

• Levine, C. Little progress on diversity retrieved on December 21, 2009, from http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202436981762

• Above the Law. Lack of Commitment to Diversity Angers McGuire Woods Partner retrieved on December 23, 2009, from http://abovethelaw.com/cgi-bin/mt/mt-search.cgi?IncludeBlogs=12&search=diversity+mcguire+woods&sa.x=19&sa.y=8&sa=submit

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REFERENCES• Williams, J.C., Manvell, J. & Bornstein, S. ( 2006) Opt Out or Pushed Out?: How the Press Covers

Work/Family Conflict retrieved on December 26, 2009, from http://www.uchastings.edu/site_files/WLL/OptOutPushedOut.pdf

• Haque, U. The Builders Manifesto retrieved on December 23, 2009, from http://blogs.hbr.org/haque/2009/12/the_builders_manifesto.html

• Thaler, R. H. & Sunstein, C. R. (2008) Nudge• Gladwell, M. (2008) Outliers• Levey, L. D. (2009) New York City Bar Association Diversity Benchmarking Study: A Report to

Signatory Law Firms retrieved on December 27, 2009, from http://www.nycbar.org/Diversity/pdf/Final_Benchmarking_Report.pdf

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Elimination of bias in profession

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