Sunday, August 12, 2007

I'm not the janitor

This article describes the experience of one Black partner at a major Chicago-based law firm. Like so many of us, he was mistaken for someone other than the lawyer that he is--in this case, the janitor. I had a similar experience early in my career. My office at one of the top Dallas firms of the day was near the copy room. Working late one evening, I was interrupted by a couple of white men who poked their heads into my office, seeking help with the copier. There was a deposition running long, and they were particicpating one way or another in the depo., but not one of our lawyers. The copier problem was easily solved. One of them noted, "Figures that a secretary would be able to solve the problem!" Fortunately, the other guy responded, "Maybe she's not a secretary. Maybe she's an attorney." I couldn't keep the smugness from my voice as I replied, "I am."

A simple thank you from either of them, and I surely would have forgotten the incident five minutes later. The request for help wasn't the problem, and I guess I should be glad I was mistaken for a secretary, as opposed to the cleaning lady. But I was tempted to confront the mistaken gentleman with a question of what about me suggested that I was a secretary? My nicely appointed office? The one with exterior windows? My late hours? The big stack of regional reporters and treatises? What?

So, I can relate with Stanley Stallworth's story. And I'm delighted to see that certain firms and companies are trying to address the problem. But let's be frank: there's still a long way to go. How many Black general counsels are there? How many major firms have more than a few (if any) African-American partners?

Until there's some real change in the way associates are hired and the way they are mentored as they work their way up the partnership ladder, there's not likely to be significant change. Firms still regularly want to interview only the students whose grades place them in the top 15 or 20 percent of the class, failing to spend anytime with students who are likely to be very good attorneys, notwithstanding their grades, a poor proxy for predicting future success in practice. And the firms must be very intentional in not having higher requirements for the African-Americans they are interested in. At my first firm out of law school, I was one of two African-American associates, in a firm of approxiately 120 attorneys. Most of the partners and associates were alumni of very good regional law schools. The other Black associate and I, however, were both top graduates of top national law schools.

I could go on, but I hope that I'm clear. I'm delighted to see firms like Sidley and companies like Walmart doing more to increase diversity. It's a good start.

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