The Minority Law Journal reports that top in-house lawyers fear erosion of law firm diversity efforts. They quote our “Call to Action” hero, Roderick Palmore, General Mills Executive VP & General Counsel and Microsoft GC Brad Smith:

The danger is that the progress we have made on diversity will erode,” says Roderick “Rick” Palmore, general counsel of General Mills. Microsoft general counsel Brad Smith concurs: “Even before the onset of the recession, we were seeing a situation where progress was disappointing. It’s very important that we not slide backward.

MLJ offers a number of quotes from summer associates and midlevels attesting to the fact that “It’s a scary time…”  From MLJ:

Judging from our most recent Minority Experience Study, there’s definite cause for concern. This year we set out to measure the impact of the recession on midlevel associates of various racial groups. While all associates reported a falloff in work compared to last year, along with layoffs and benefit cuts at their firms, minority midlevels — particularly African Americans — seem to be feeling the economic crisis’s effects most acutely. Compared to those of their white colleagues, the workloads of black, Asian American, and Hispanic lawyers are lighter, and their billable hours are lower. Minority lawyers are also experiencing higher levels of anxiety about layoffs. That was true in our 2008 survey, but this year a greater percentage of associates in all ethnic groups said that the recession has affected them.

When Elie Mystal over at Above The Law first reported on MLJ’s survey, some commenters raged with the usual accusations that blacks from schools like Harvard and Stanford were merely affirmative action beneficiaries, who were unqualified to walk the halls of BigLaw in the first place.  One commenter wondered why blacks hadn’t built their own V100 firms:

When Jews discovered that their full potential wasn’t recognized and used, they formed their own law firms and completely outclassed their WASP competitors. If the black lawyers really are equally competent and really are discriminated against, why is there not a single black law firm in the V100?

Another commenter noted the problem that could ensue at the mention of watermelon:

Why would I want to build a “professional relationship” with someone who comes from a culture that is increasingly obsessed with branding me a racist by any means necessary? It’s not worth the risk, e.g., that making a positive comment about the watermelon served as part of a lunch meeting won’t get me written up. Race relations have turned into such a PC minefield that I’d rather just stay out of it altogether.

Now the conservative blog Occidental Observer is predicting a white revolt:

And if young White lawyers start heading in a pro-White direction, by the way, this could mean big problems for the system. By positioning, they are expected to be on the enemy side: They’ve been trained in law “schul,” as a friend likes to say, and see their elders hold up “civil rights” and Atticus Finch (while they, meanwhile, grew up with O.J.). Today, they’re being laid off by the hundreds and see affirmative action ridiculousness up close, so they wouldn’t seem to have as much to lose.

Say what you will about lawyers, but they are articulate, and they are good at making trouble. Now that the system needing dismantling is essentially anti-White, this could come in handy.

4 Responses to “Problems All Around for Blacks in BigLaw?”

1. Ron Jordan on October 14th, 2009 12:30 pm

   The comment about diversity and affirmative action being anti-white is one of dumbest statements I have heard in a long, while. Diversity and Inclusion efforts by Rick Palamore and Bradford Smith,are seeing the world of law as a global industry in which their companies are a promient part of the Global financial picture. In order for them to actively protect their companies best interests, it makes sense for them to have the best legal advice on the planet and Yes, Dorthy that incluses people of color.

   I have hand the pleasure of serving the diverse attorney community for over 15 years and as a Black Recruiter, the majority of the lawyers that use my advice and knowledge in the market place, are besieged by mostly White Partners( both men and women) who are not looking out to be advocates for their clients, but to line their pockets with the most money in their pockets. For those Partners, they are looking at the pie of profitablity as smaller, thus seeing a smaller pie. Diversity and Inclusion is adding value,which will make the pie a cake, with everyone receiving the benefits of a bigger piece of the cake, not a smaller pie.

   Diversity and Inclusion efforts by law firms, is dismal, in the last 5 years,even without the recession. People can change as the law changes, but some are far more comfortable in their spaces than to move out and allow others to join them.

   To Misters Palamore and Smith, there is a very easy way, along with your colleagues in the GC spot, start firing firms, that don’t meet your standards of excellence on diversity and inclusion, if firms don’t meet those standards, we all know that there are others that will gladly take their place at the table and most assuredly will bake a cake and not a pie.

2. Invisiblemannakedcity on October 14th, 2009 1:59 pm

   The reaction on ATL really concerned me. It makes me wonder about my classmates here at law school, and what biases they may hold against me. It seems there is a large amount of bitterness to what many whites view as discrimination targeted against them. I’m curious why the editors here didn’t provide more of their thoughts on this topic.

3. Don on October 14th, 2009 8:02 pm

   I have actually seen examples of big firms using the recession/law firm layoffs as an opportunity to recruit diverse candidates (i.e. potential African American laterals with a book of business). At the same time it is an opportunity to get rid of “under performing” minorities, but this goes for everyone who is under performing.

   Thoughts?

4. Ron Jordan on October 20th, 2009 7:35 am

   The idea of hiring more diverse lateral partners is just business, not an increase in the recruitment of diverse attorneys of color. Aw come on, wake up, the business case for diversity and inclusion efforts is based on making money for law firms. As I said earlier, GC’s must stand up and fire some firms. Law firms like Wall Street Bankers won’t do anything unless they are forced to do so. The bias and prejudice in BigLaw is why surveys have been done by the ABA on Black Women Lawyers, isn’t odd, that a study was not done on White Women Partners and Associates, because they are not the odd ones out in law firms today, black women to a great extent, black men and hispanic attorneys are.

   Test the waters of bias and prejudice, as a nation we have not fully confronted this subject, the law firm business is in the same vein. As to underperforming “minorities”( a dumb definition at best,people of color are not minor in any sense of their being). The majority of diverse attorneys, are the best in their classes, if they are not in the top 10% and are recruited to their jobs, when they fall below that mark,it is because they have shown qualities that can not be measured in grades and writing samples. Law firms give each summer associate, as chance to make their case, to get an offer, the majority are not underperforming, that statement is “crap.”

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