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Improving Diversity Can Be Hard for Small Firms
Alana Roberts
Daily Business Review
July 14, 2008
Both the president and president-elect of The Florida Bar say improving diversity is a top priority for the legal profession, but their firms lack minority representation.
Bar president John "Jay" White III is a partner with Richman Greer, which has two minority lawyers out of 21. The firm ranks in the bottom 10 among large Florida law firms for the number of minority attorneys and the bottom 20 for its percentage of minorities, a Daily Business Review survey indicated.
Bar president-elect Jesse Diner's firm, Fort Lauderdale-based Atkinson Diner Stone Mankuta & Ploucha, fared worse with no minority attorneys out of 15 on its staff.
The firms scored better when counting women. Atkinson Diner's four female attorneys make up 27 percent of the firm's lawyer team. Richman Greer's three women lawyers make up 14 percent of its professional staff.
Diner couldn't be reached for comment, but his firm's managing partner, David Mankuta, said it is challenging for small firms like his to attract minority attorneys because it has little turnover.
"We have no barriers," Mankuta said. "For a firm of our size, it's about finding the best candidate for us in whatever that particular field may be. I think it's too limiting to say we want this nationality or this gender. I can't afford to do that."
But smaller firms have a big advantage over large firms. Hiring one or two diverse lawyers quickly gives them a hefty percentage of minorities. It takes a lot more diverse lawyers to move the needle at law firms like Greenberg Traurig or Holland & Knight.
White declined to discuss his firm's performance on diversity, but firm partner Alan Greer agreed with Mankuta's comments about challenges for smaller firms.
"We're not in a mode of organized growth like the big firms where you have to have a crop of new attorneys coming in every year," he said. "Law firms are not in the business of creating jobs. They're in the business of providing legal services. You can't just go out there and hire somebody. But when you have the opportunity to find a good minority, you're probably going to grab them."
He acknowledged the firm needs diverse attorneys because it often litigates before juries with women and minorities. He noted the firm has a black woman summer associate from St. Thomas University School of Law who was not part of the Review's count.
"You want juries to feel comfortable with the attorneys presenting their cases," he said.
But size doesn't seem to hold back other firms, including that of The Bar's immediate past president Frank Angones. Angones McClure & Garcia in Miami -- which is not part of the Review 100 -- reported its diversity figures for the Review's 2008 South Florida Diversity Scorecard. The firm had four minority attorneys out of nine total lawyers.
Despite Richman Greer's lack of diversity, Greer said his firm is working to increase diversity throughout Florida's legal community. He said White's Bar work and his own work with the University of Miami School of Law's Center for Ethics and Public Service are examples of that. He said the center encourages minority participation in its programs.
"Jay White, who is now president of the Bar, recognizes this issue, and from the bully pulpit of the Bar presidency, he can encourage law firms who have the capacity to employ more minorities."
The law firm with the highest percentage of diverse lawyers in Florida is Zumpano Patricios & Winker, with 61 percent minority lawyers on its staff of 23 attorneys. Greenberg Traurig ranked highest in number with 88 minorities among 415 attorneys in Florida.
Joseph Zumpano, managing partner of Zumpano Patricios & Winker, said clients involved in international litigation and transactions often expect the firm to have lawyers who speak their languages.
The firm has 50 attorneys in offices and satellite offices worldwide, and international work makes up about a quarter of its business.
"If we don't deliver, we may lose the business," Zumpano said. "Diversity is a competitive weapon. You need to have a diverse law firm, especially in a global city like Miami."
Cesar Alvarez, Greenberg's chief executive officer, has said the firm's approach to diversity has been to focus on helping its minority attorneys succeed, and a high number of minority attorneys at lower levels isn't enough.
"There is no valor in bringing in minority and women lawyers at an entry level so your overall numbers look good," he said by e-mail. "What you need is an environment that allows those attorneys to move into senior positions in the firm."
Overall, Asians continue to have the smallest presence of all minority groups in Florida law firms. Their highest representation is 10 percent at K&L Gates.
The firm hasn't set out to attract Asians or any other minority group, said Dan Casey, managing partner of its Miami office. But he said it has a staff dedicated to diversity and retention issues and strives to help diverse attorneys succeed.
"It's a comfortable atmosphere where we work to make people flourish," Casey said. "They got hired into our firm for a number of reasons -- one being very good lawyers -- but found a welcoming atmosphere."
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