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Diversity Among Law Firm Partners Remains an Ongoing Concern
Law firms are promoting minorities, but do they need to pick up the pace?
Daily Business Review
April 27, 2009
Glance at the Daily Business Review's annual yearbook of new partners at South Florida law firms and the dearth of minorities and women is quickly obvious. Only three black lawyers were promoted to partner by area firms who responded to the DBR's survey.
One black woman was promoted to partner at Holland & Knight and another two at Greenberg Traurig.
Undeterred by the economy and the racial and gender barriers, minority and women lawyers press on.
Detra Shaw-Wilder, a black litigation shareholder at Coral Gables-based Kozyak Tropin & Throckmorton, says she can see progress in the representation of women and minorities in the partnership ranks at South Florida law firms -- but it has been gradual.
When Shaw-Wilder was vice president of what is now the Wilkie D. Ferguson Bar Association in 2001, she observed 18 black partners at large and mid-sized law firms in Miami-Dade, Broward and Palm Beach counties. There are now 31.
"From one perspective you can say surely there is progress," she said. "But it is slow going. There's a long ways to go. There's definitely work to be done and more progress to be made. There are firms on this list that were not around in 2001, so perhaps there's more opportunity there. It looks like some firms like Greenberg Traurig are making significant progress."
Information provided by firms on this year's new partners survey indicated the number of new women partners dropped dramatically to 26 from 47 in 2008; three black attorneys were promoted or hired as lateral partners in 2009 and 2008; while the number of new Asian partners increased to two from zero in 2008.
No black men, Asian women or Native Americans made the partner ranks as of the March survey.
The economy's harsh effects on the legal industry are expected to hurt law firm efforts to improve their diversity as firms imposing layoffs make cuts across the board.
Roland Sanchez-Medina, president of the Cuban American Bar Association, said minority attorneys are likely to be targeted because they're often the last hired, which makes them easy targets for termination.
"One of the more unfavorable aspects of this recession is some of the gains we made in the diversity efforts are going to be impacted in a negative way either by way of layoffs or terminations," he said. "I think there's little doubt about that."
A woman corporate associate who was laid off from the Fort Lauderdale office of a large firm in February said she doesn't believe the decision to fire her was based on her gender. Instead, she said the decision was based on the slower work pace in her practice area. She noted partners she worked with have been helping her look for another job.
"I don't know if they looked at the diversity side. They let people go nationwide," the associate said on condition of anonymity. "I happened to be the only corporate attorney who is an associate. All the partners I worked for were white men. Although their numbers were low like mine, they were partners versus being associates."
Minority attorneys often find themselves shut out of opportunities to advance because they don't have the right family and friend connections at their firms and in the legal community, said Michele Samaroo, president of the Wilkie D. Ferguson Bar Association of black lawyers and a North Miami Beach solo practitioner.
"If you have a bunch of old, white partners, they may feel more comfortable asking out the young white kids to the basketball game or out for a drink," she said. "That's how people build ties. Sometimes you're at a disadvantage because you're culturally different."
But Shaw-Wilder said it's up to minority and women attorneys themselves to break down those barriers.
"For anyone who wants to be a partner at a firm, you have to want it. There are sacrifices to be made," she said. "If you're looking for it to be handed to you on a platter, that's not going to happen. You have to stick it through. You have to want to work hard at a law firm. It's about results at the end of the day."
Shaw-Wilder said the Gwen S. Cherry Black Women Lawyers Association is developing programs to prepare black women law school students and young attorneys for the rigors of law firm life.
Kristy Johnson, a shareholder in Carlton Fields' Miami office and secretary of the Miami-Dade chapter of the Florida Association for Women Lawyers, said law firms aren't making the progress they should.
"Women have been entering the profession for the past 10 years at about 50 percent, yet the progress that women have made going up into leadership roles in the firm either in partnership or any other significant leadership positions has been very incremental," she said. "There's a serious concern that women are leaving law firms."
The group is organizing a Miami-Dade FAWL Challenge to set goals for South Florida law firms to improve their retention and promotion of women lawyers. The challenge includes a meeting of law firm leaders and other legal employers May 29 to discuss the progress of women and what can be done to improve it.
But making partner is a two-way street, say newly promoted minority and women partners. It demands a willingness by an aspiring partner to do quality work and volunteer for additional assignments to cultivate a reputation as a go-to associate for partners. It also requires a mentoring commitment by firm leaders and to provide an environment that is welcoming.
Nikki Lewis Simon, a newly promoted black litigation shareholder in Greenberg Traurig's Miami office, said she left the former Steel Hector & Davis seven years ago to gain more hands-on experience. She said she also found several partners willing to take her under their wings.
"The people here were going to court more. They had more client interactions," said the mother of four and a former journalist. "I wanted more responsibility. I wasn't someone who was just out of school and afraid to jump in."
Jaret Davis, another black Greenberg Traurig shareholder in the firm's Miami corporate and securities practice group, said one way firms can attract, retain and promote minority attorneys is by already having successful minority partners. Davis became a partner three years ago and has spent his entire 10-year career at Greenberg Traurig, beginning as a summer associate.
He said the Miami office's former hiring partner, who interviewed him for the summer position, made it clear Greenberg was interested in recruiting and promoting him.
"He told me 'I'm not interviewing you to be a summer associate. I'm not interviewing you to be an associate. I'm interviewing you to be a partner,'" Davis said. "I can tell you it's a true philosophy. That's the way we look at things."
