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Business Trends BUSINESS LAW


Arguing the case for diversity


Law firms focus on inclusion in recruitment and retention


by Stephenie Overman L


ike many industries, law firms are taking a fresh look at hiring and retaining a new generation of


employees who better reflect the racial, ethnic and gender diversity of today’s society at large. This move toward diversity and


inclusion has been more pronounced since The Coca-Cola Co. announced in January a new policy mandating that at least 30% of work it contracts from law firms must be performed by “diverse attorneys.” And of that amount, at least half of the billable hours must be earmarked for Black lawyers. Many law firms have diversity plans and


committees, “but Coca-Cola is saying they’re not seeing enough movement [from law firms]. So, they are setting down markers,” says A. Benjamin Spencer, dean of the William & Mary Law School. Penalties for missing those targets will be


severe, says Richard Ottinger, president of the Virginia Bar Association and a Norfolk- based partner at Vandeventer Black LLP. Under the new policy, he explains, firms not meeting Coca-Cola’s standards “could lose almost a third of their fees” and eventually even lose Coke as a client. Spencer sees Coca-Cola’s announce-


ment as a strong indication that “if law firms want to be competitive in the


34 | APRIL 2021


corporate world, they have to have diverse talent within their ranks.” Richmond-based McGuireWoods LLP


has been a “standout” in acquiring and developing a new generation of diverse legal talent, says Spencer. The firm has 1,000 lawyers in 21 offices worldwide. Coca-Cola is “a highly valued client of


the firm,” says McGuireWoods Managing Partner J. Tracy Walker IV, adding that the firm shares the beverage company’s goal “to drive real change in our industry.” In the wake of the May 2020 killing of


George Floyd by Minneapolis police and the subsequent wave of Black Lives Matter protests, law firms must take stronger action to address issues of inclusion and racial justice, Walker says. That requires developing a culture that is attractive to lawyers of color, as well as to members of other underrepresented groups. To achieve that, McGuireWoods tries


“to be flexible and holistic in our hiring practices,” he adds. Overly rigid practices may limit the diversity of the law students who are hired, so the firm considers “a wide variety of factors in selecting who to make job offers to, and we start off the process with a diverse recruiting committee.” As a result, McGuireWoods has


achieved Mansfield Rule Certification,


which means it has met goals for increasing diversity among new partners and in senior leadership and governance positions. It also requires that at least 30% of the candidates for such roles must be diverse — including Black, female or LGBTQ attorneys or people with disabilities. The certification was created by Diversity Lab, an incubator aimed at encouraging ideas to boost diversity and inclusion in the legal profession.


Photo by Master Sgt. Michel Sauret/U.S. Army Reserve


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