Promoting Diversity

There’s a lot of lip service paid to the idea of diversity in the legal field today.  As in house counsel, and a female, I’m supposed to do my best to find diverse outside counsel to represent us when needed.  Somehow, the onus for diversifying the industry has fallen on my (and my colleagues) shoulders.  I feel pretty strongly that diversity is crucial to obtaining a depth in ideas and approaches that homogeneous thought is lacking; so, I generally take up the banner and try to practice what I preach.  So, on behalf of all of us in house folks looking to diversify, I have just one request for all my diversity loving brothers and sisters out there – help me find you! 

We do a great job of promoting diversity with specific groups at specific events - the Minority Counsel Bar Program, the Women’s Lawyer’s Association, etc.  But I don’t always have a need for counsel at that particular moment.  When I do, I need to be able to evaluate experience and fit very quickly and pull the trigger.  Unfortunately, all of those great people I meet once a year are not first to my mind if I haven’t heard from or about them in several months.  But the guy that shows up at every CLE, sends me unsolicited alerts in specialized areas that actually matter to me and offers me a free piece of wisdom every now and then is easy to think of and easy to reach.  (I won’t lie, the brownies at Christmas help me remember his name too.) The firms that really want my business understand that I may only need them once a year, for small matters, that are often specialized.  They still take the time to get to know me, my business, my role in the company and the areas of exposure where issues might pop up.  And then they network like a boss. 

Unfortunately, that’s something a lot of minority and women owned business haven’t figure out yet.  I meet great people, who don’t keep in touch if I don’t have immediate work available for them.  Or who don’t bother to learn about my business and my role and offer their services for things that I least need them for.  So, when I need someone quick, I struggle to fill my desire to promote diversity and my obligation to promptly obtain competent counsel for the specific matter at hand.  Selfishly, I’m asking you to help me with my struggle.  Here are some things that can get you to the top of my quick call list:

•         Be competent in an area that matters to me.  This should be self-evident, but unfortunately it’s not.  The last minority bar convention I went to I was inundated with emails the following day (a perk of the GC title).  Half were pitching services we will never use – plaintiff side torts, guardianship, etc.  Some were pitching services that I can do better in house.  And a few actually attempted to seem relevant but failed miserably – making it clear that they don’t understand the internet or my company’s role in the industry.  This last group is made up of people I will never use – for anything.  Don’t waste your time thinking I’m going to hire your firm solely because we met at a diversity event.  If you have competency in a relevant area, then keep in touch.
•         Keep in touch.  I’m busy, you’re busy, we’re all busy.  It’s easy to drop off the face of the Earth if I don’t have something for you right away.  And let’s be honest, it may be years before I have something in your area of competency.  But when I do, you want to be at the top of my list of people I’m comfortable with quickly pulling the trigger.  It doesn’t take much – not even those Christmas brownies!  Just stay in touch.  Show up at relevant CLE’s, even be the presenter at one or two.  When you’re in town, drop a line to say hi.  Send me copies of the topic articles/newsletters that your firm puts out.  Keep your name somewhere in my mind and associated to the area in which you want my business.  But be careful, there is a line you shouldn’t cross.
•         Don’t stalk me.  Nothing is more uncomfortable than the routine monthly call from the lawyer I had a brief conversation with asking what he can do for me this month.  This is usually from the guy who has no idea how my business actually runs or how the industry works.  It always comes during the last week of the month, when he’s clearly trying to make some quota.  This approach does not inspire confidence.
•        Offer me something of value.  I don’t mean shower me with gifts or expensive dinners.  No offense, but I don’t really want to spend my evenings with you.  I’d rather spend them with my family.  But a free CLE, or offer to train my employees or managers on something, or help me make a connection that I didn’t have before.  Promote diversity by syncing me up with other diverse attorneys in subject matters that you don’t represent.  These types of things are low cost to you, but high value to me.  And trust me, I remember them.  I’m much more likely to use counsel that has presented on a topic and seemed competent, especially if my management team also feels confident about them.  Of course, that is if I can afford them.
•        Be reasonable and flexible when it comes to fees.  I view outside counsel in much the same way I view contractors – for the most part, there is definitely some skill required, but once you reach a certain point they are interchangeable in all but the most specialized areas.  Cost will not be the only factor considered when we choose counsel, but it is definitely considered.  So when counsel offers me a discount, or to write off the time of a learning associate or some other reasonable and flexible fee arrangement, I feel like I’m getting value there that I won’t with a similarly situated counsel elsewhere.  If you want the business of a small business, you have to remember that we don’t have the deep war chests of the Fortune 100. 
•        Be likable.  We started with something obvious, and I’ll end with something obvious – be likable.  It’s a proven fact that we do more business with people that we like.  This is part of what we’re fighting when trying to build diversity.  The good ole’ boys like other good ole’ boys.  They don’t always mean to exclude, but it’s a natural result of the human inclination to gravitate towards others that we enjoy being around.  If you’re all business all the time, you may master 1-5 above, but you still won’t be the first person I think of.  I’ll still think of the friendly person first.  Because I’m consciously trying to promote diversity, I may discount that and keep looking – but it would be so much easier on me if you were all of the above and likable.  And it’s really not that hard.  Just smile and try to make a personal connection – I’m sure we have something in common.

My quick call list isn’t ground breaking or even all that unique.  Lawyers have been doing it all for generations.  But I don’t see many minority lawyers doing it.  I still struggle to think of someone when a matter comes up.  I’m committed to promoting diversity where I can.  All I ask as that you help me to find you.