CHICAGOLAWBULLETIN.

COM

FRIDAY, MARCH 9, 2012

Volume 158, No. 48

Practice needs more action on diversity

spent most of my childhood in Orange County, Calif. The waves of the Pacific were only a couple of miles from my home, the mountains a two-hour drive and I could ride my bike to the arcade (where, for two glorious weeks during the summer of 1982, I held the high score on Q*Bert and Galaga simultaneously). It was also only a few miles from Disneyland; my family and I went often. One of the most notorious mainstays of Disneyland back in the day was the Its a Small World attraction. For all I know, its since been replaced by Buzz Lightyears Toy Chest of Horror or some such thing, but its legacy and impact on generations of impressionable children remains. First and foremost, Its a Small World exposed kids and their unwitting parents to one of the most powerful and insidious earworms ever devised by man, preparing them for a life filled with songs about escaped dogs and Chilis baby back ribs. But behind the catchy tune, the animatronic children of the world were attempting to teach the nonanimatronic children of the world about the importance of inclusion and acceptance and to celebrate the richness of a multicultural world. Really, for many of us, it was our first diversity training session, minus the boxed lunches, role playing and PowerPoint slides. But there is a difference between being taught to appreciate diversity and actually doing things to encourage it. Since our global gaggle of choral kids first debuted in 1964, diversity and inclusion have become ingrained, core values throughout most of society, at least conceptually. There are numerous organizations, institutes and think tanks dedicated to studying diversity issues in the legal profession, gathering statistics, ranking firms, developing pipelines and promoting innovative ideas designed to build a more inclusive legal culture. Many law firms have

PROFESSIONALISM ON SHUFFLE

DAVID S. ARGENTAR
David S. Argentar is deputy director of the Illinois Supreme Court Commission on Professionalism. He also writes on the commissions blog, which can be found at blog.ilsccp.org.

developed and implemented diversity initiatives or have diversity committees and it is the rare firm that does not at least have some kind of statement or policy posted on its website, earnestly proclaiming its commitment to diversity. Whether based on social justice theory, or the benefits to a firms bottom line, or the inherent value derived from exposure to and appreciation of different backgrounds, life experiences and perspectives, the arguments in favor of aggressively and creatively encouraging diversity are well known. They have been shared, and we have all been made aware of them in CLEs, programs and articles. All of these initiatives are to be commended and supported as we collectively work to build a profession that is truly a reflection of society, which will better allow us to serve our clients and compete in a globalized economy. As stated in the Supreme Court rule that established the Commission on Professionalism, the Illinois Supreme Court considers the elimination of bias and the promotion of diversity and inclusion to be of the utmost importance to the legal community. We have been taking a number of actions to further that cause and partner with those attorneys and organizations that make it their mission,

co-sponsoring programs and encouraging the further development, exchange and implementation of ideas. No doubt there is much work still to be done on an institutional and professional level to promote diversity. No doubt lawyers will continue to be reminded about diversity and why it is so important. No doubt many lawyers will hear these messages and, with neither malice nor skepticism, sincerely nod in agreement and move on. I know because Ive done that. I look back on my years of practice and when I add up all of the things that I personally did to actively promote diversity, to increase minority or female or LGBT representation where I worked or in the profession as a whole, all that popped into my head was Stevie Wonder singing You havent done nothin. Does my lack of action imply that I dont value diversity or see its upsides, or that Im clinging to prejudices, subconsciously or otherwise? In my heart I truly believe myself to be a tolerant, inclusive, accepting person who values diversity, multiculturalism and the elimination of any bias

Good intentions and an internalization of the importance of diversity, while welcome and positive, mean little without corresponding action. If we are truly committed to the idea of diversity, it takes more than just an open mind and tacit agreement.

institutionally or personally against people because of their race, sex, religion, age, sexual orientation or sports loyalties. Kudos to my parents and The Walt Disney Corp. for that, along with fatherhood and my desire to ensure that my daughters are able to pursue and achieve anything they want in life (though I am admittedly dubious about their plans for opening a crocodile sanctuary). But the reality is that during 17 years of practicing law, I did squat to promote diversity within the legal profession. I know Im not alone in this regard, and Im embarrassed by it. So I have no history of taking action to encourage diversity. I have no particular expertise about these matters. Also, Im a middle-aged, white guy. My membership in the middle-age demographic and corresponding uptick in the frequency of visits to my doctor is of fairly recent origin, but Ive pretty much been white and a guy my whole life. Needless to say, my diversity bona fides are hardly stellar. But that doesnt mean that Im precluded from getting in the game now and actively working toward a more inclusive profession. The same applies to anyone who wants to transform their thoughts into deeds. Good intentions and an internalization of the importance of diversity, while welcome and positive, mean little without corresponding action. If we are truly committed to the idea of diversity, it takes more than just an open mind and tacit agreement. So help me out. What can we as a legal community do to encourage lawyers and firms to take concrete action on diversity and inclusion beyond admiring the issue and paying it lip service? What can you do? We encourage all of you to consider how you can contribute to these efforts. Doing so will enrich your practice, improve the profession and might even help you get that damn song out of your head.

Copyright 2012 Law Bulletin Publishing Company. All rights reserved. Reprinted with permission from Law Bulletin Publishing Company.