by Joann Thach
Diversity, equity, and inclusion is not a new phenomenon. The first known case of clients demanding more diverse teams was recorded in 1988 when Vice President and General Counsel (GC) of General Motors, Harry Pearce, sent a letter to law firms wanting to see more minorities and women handling their legal matters. This spurred similar calls to action like the Statement of Principle in 1998 spearheaded by Charles Morgan, General Counsel to Bell South, where 500 general counsel affirmed the objective of promoting diversity in the workplace. Later, in 2004, another initiative was created by Roderick Palmore, then Chief Legal Officer of Sara Lee, asking GCs to “end or limit” their relationships with firms that showed a “lack of meaningful interest in being diverse.” Over 100 GCs signed this. Clients have been demanding law firms to demonstrate their efforts in diversity, equity, and inclusion for over thirty years.1 Thus, it is natural that law firms desire to prioritize diversity, equity, and inclusion in the workplace.
The benefits of having a robust diverse, equitable, and inclusive work environment are vast, but can be categorized into four primary themes: (1) attracting and retaining future talent, (2) reflecting the marketplace and building reputation, (3) innovation and group performance, and (4) better overall financial performance. Studies show that companies that achieve diversity in their management and on their corporate boards attain better financial results on average than other companies.2 Studies also indicate that the next generation of talent is on track to be the most diverse, best-educated generation yet. A Deloitte study published in 2018 highlighted that Generation Z’s employees are more likely to stay with organizations that they perceived as having a diverse and inclusive workforce. Thus, the idea of diversity, equity, and inclusion has evolved from being merely nice to have to becoming an expectation for organizations. This raises the question for law firms of where to start.
Implementing a successful diversity, equity, and inclusion (DEI) practice within a law firm setting requires centering people at the forefront of the strategy, familiarity of the organizational structures, and collaboration and co-ownership of DEI efforts with key stakeholders to build a culture of inclusion and belonging. Design thinking is a lens and tool that people can use to advance diversity, equity, and inclusion within their organizations. The design thinking process has five stages: Empathize, Define, Ideate, Prototype, and Test.
The “empathize” stage is the most critical stage in DEI work: the need to understand and immerse ourselves in the perspectives, feelings, and experiences of people who are different from us. Starting from a place of empathy means viewing the issues at hand with a beginner’s mind, taking in quantitative and qualitative data to create insights.
The “define” stage builds upon the insights gathered from the empathize stage to ask the right questions, see the right patterns, and accurately pinpoint the right challenges. These two stages build the foundation of a people-centered strategy, allowing the organization to identify the relevant issues and create solutions that will genuinely resonate with their employees.
Effective communication will be a key skill in building the right foundation to set the right tone, message, and impression for people in your workplace. Some of the biggest barriers to effective communication within the workplace could be lack of time, constant changes in the environment, or lack of understanding. Here are some guidelines for effectively communicating with empathy:
Step 1: Take Care of Yourself. When you’re not in a mentally good place, it is even more difficult to effectively manage your team. Practice emotional agility by recognizing patterns of rigid or repetitive thinking, stepping back and labeling your thoughts and emotions, and accepting your thoughts even if you decide not to act on them.3 After you accept and label your thoughts and emotions, act according to your values. Ask whether your response will serve you and your organization in the long term as well as the short term. Will it help you steer others in a direction that furthers your collective purpose?
Step 2: Assess. Ask how everyone is doing on your team. It might be helpful to share your own stories and vulnerabilities. As a leader, you are opening up the dialogue or a “bridge” for you and your team members to talk about sensitive issues.
Step 3: Be Curious in your Conversation.4 Statements like “I hear you. Tell me more” signal that you care about people’s well-being and safety. If your team members are not comfortable with sharing how they are feeling, respect their wishes and let them know that you will be checking in on them at a later time. It is okay not to respond. Remind them that you are here to support them. On the other hand, if you are reacting to a situation in a way that mandates some time to process information and perhaps cool down, it is appropriate to table the conversation. For example, letting a person know you are glad they trust you enough to share with you and that you want to listen can validate them, while admitting, “this is very upsetting for me right now and I am feeling awkward. I am not sure how to respond” can give you some time away to process the best response. It might be better to say, “This is important to me. I want to find a time to talk about it, and right now I’m not able to.”5
The “ideate” stage is where the innovation and collaboration happens, engaging with multiple stakeholders within the organization and developing the co-ownership of DEI efforts. This stage is meant to generate a range of ideas and possibilities from different perspectives without judgment to promote openness and synergy with your co-creators. This process harnesses the collective perspectives, wisdom, and strengths of the group and can help uncover potential solutions beyond the obvious ones.
The “prototype” and “test” stages can be thought of as a means to get closer to the solution. The prototype stage is focused on creating something that people can interact with, whether it be a program, initiative, or product. In DEI work, experimenting with different programs over time can help you understand which program is effective and relevant to the issues and which programs are not. The testing stage is where you can solicit feedback to refine your prototype and solutions, gain more insights about the people you are designing for, or broaden your own perspective in understanding the issues.6
To demonstrate this in action, the SNELLGBTQ+ affinity group at Snell & Wilmer is an example of this process. Co-led by Patrick Tighe, an associate in the Phoenix office, Cliff Davidson, a partner in the Portland office, and Patty Brum, an associate in the Los Angeles office, this affinity group is open to both attorneys and staff, to members of the LGBTQ+ community and allies. This allows for a wide range of people with different perspectives to opt into the group to educate, promote, and engage with each other on LGBTQ+ matters. This leads to being able to co-create programs that resonate with the LGBTQ+ community.
For example, during Pride month, Snell & Wilmer hosted a firmwide program featuring Mia F. Yamamoto through the firm’s Conversations on Justice, Diversity and Understanding speaker series to discuss the importance of self-presentation and visibility for self-identifying transgender professionals. This program was followed by intimate, small-group conversations about the program and questions designed to elicit specific experiences of self-identifying LGBTQ+ employees in which partners and members of our Expanded Executive Committee also participated. There was a facilitator in each group to manage the different group dynamics depending on the direction of the conversation to ensure that issues were discussed in controlled environments and agreed-upon rules. We received positive feedback from this program at all levels ranging from senior leaders to the most junior employees from both attorneys and staff. These discussions generated more ideas that would help address the issue of visibility for LGBTQ+ professionals and spurred momentum to implement some changes, such as the marketing team launching a new firmwide signature block that would incorporate the option to include personal pronouns, some of our attorneys updating their legal documents to normalize the use of “they” as a personal pronoun, and a collective team of administrators working on gender-neutral restrooms across our offices to promote inclusivity.
Design thinking is a powerful tool to advance diversity, equity, and inclusion within the workplace that engages people to problem-solve together and harnesses the collective power of diverse perspectives and identities. Co-creating an organization’s DEI journey with different leaders, departments, and functions across the organization with the guidance of a full-time DEI leader will naturally embed these initiatives and efforts as part of the organization’s culture and DNA, positioning DEI as part of the business strategy. This approach gets us closer to creating a culture of inclusion and belonging that creates a connected community of positive professionals who are committed to their purpose, their organization, and their role.
ENDNOTES
Joann Thach is the former Senior Director of Diversity, Equity, and Inclusion at Snell & Wilmer. The Orange County Coalition for Diversity in the Law (OCCDL) recognized Snell & Wilmer as a 2021 top legal organization for DEI in Orange County. Snell & Wilmer was selected as a nominee for Los Angeles Business Journal’s 2022 Diversity, Equity and Inclusion Company of the Year, and Joann was recognized as the team leader spearheading these efforts. Joann is now the Global Director of Diversity, Equity, and Inclusion at Fivetran.