The close of the Summer Olympics has left open a growing awareness of our nation's expanding multicultural diversity as well as the challenges in meeting the equally diverse legal needs of these emerging client groups.

The U.S. Census Bureau estimated that in 2004 there were 41.3 million Hispanics living in the United States, who constituted approximately 14 percent of the total population. By 2050, the government estimates those figures will increase to 102.6 million, or nearly 24 percent of the nation's population.

Growth projections for other cultural groups are similar, especially in the Asian population. Although Asians constituted only 3 percent of the nation's population in 2004, the census bureau anticipates that figure will nearly triple by 2050.[FOOTNOTE 1]

The numbers are more amplified in the New York metropolitan area, which has always been the nation's multicultural melting pot. Here, similar growth can be found in our Russian, Greek, Indian and Pakistani populations, as well as in immigrant groups from other Middle East countries. Here, also, larger categorical groups are further diversified and settle into even smaller communities. "Asian" becomes Chinese, Japanese or Korean. "Jewish" becomes Reform, Orthodox or Bukharian.

Juxtaposed to this emerging cultural diversity is the rather homogeneous professional profile of the attorney serving the legal needs of these communities. According to an American Bar Association report on racial and ethnic diversity in the profession, in 2000 whites constituted 89.2 percent of the nation's lawyers, blacks constituted 3.9 percent, Hispanic 3.3 percent and Asians 2.3 percent. (Men constituted 71.3 percent of attorneys nationwide.)

Amazingly, the statistical profile of the New York attorney is not much different.[FOOTNOTE 2]

For the "sunset" practitioner who anticipates retiring in the next 10 years or so, the growth of these cultural groups may have little impact on their practice. But for those attorneys with long-range goals, structuring and implementing marketing and business plans to meet the needs of this increasing multicultural population may prove essential for professional success -- or economic survival.

However, tapping into multicultural opportunities should be done cautiously and with careful planning. At the outset, serious self-evaluation is necessary. What are your own cultural prejudices? How comfortable are you with the people you seek to cultivate as clients? What are you willing to do to cultivate this group, and do you have the patience to see it through? These inquiries apply to the solo practitioner, as well as attorneys operating in a firm environment. Moreover, these questions extend beyond the legal staff to the support staff. Remember, the potential client's first contact with the firm is likely not to be with an attorney but with a front-office staffer.

Assessing the cultural demographics of your area is, usually, not a problem. Many groups, including local bar associations and business groups, compile such statistics periodically, and they are usually quite helpful in providing this information to others.[FOOTNOTE 3]

Having selected a group the firm seeks to cultivate, it is important to identify the legal needs of that community. To do so, identification of and contact with community leaders is essential. Such contact should be on a regular basis, and should focus on what legal needs are being met in the community and those that are not.

Once the need for legal services has been identified, discuss with local leaders how your services can be of assistance. Do not try to solve all the community's legal problems. In all likelihood, you cannot. Success on a limited scale will go much further than a blunder on a grander one.

Maintaining continuing social contact with the community is equally as important. Research community customs and religious practices and attend select, appropriate social functions to become comfortable with the culture. Be careful about gift giving and casual body contact, as they may be misinterpreted, particularly by newer immigrants.

MARKETING EFFORTS

Initial marketing efforts to close cultural communities, particularly local ones, are different from those aimed at established markets. If you are unsure as to an appropriate marketing approach, consider hiring a consultant who has experience with the group. However, some basic marketing techniques will always apply.

Grassroots entry into a specific cultural community, like any other community, might consist of providing free seminars on your area of expertise. Try to team up with a local spokesperson from the community when doing so. It will help with attendance as well as smooth your introduction to potential clients.

Also consider offering the firm's services on a pro bono basis for a select number of cases to establish "goodwill" in the community. Attorneys who view pro bono work as "giving money away" are short sighted, especially in this context. Remember that particularly among members of close cultural communities, word-of-mouth advertising is a main source of business. Concern for the less fortunate members of a close community inevitably is brought to the attention of those in the community with greater financial resources. If you are capable of servicing the needs of the more affluent members of the community, the business will develop.

Most close cultural communities have some sort of charitable organization to assist its less fortunate members. You may want to consider a financial or other donation to that organization in your name or that of the firm.

PREPARE YOUR OFFICE 

Restructuring your staff may also be in order. Employ at least one staff member (attorney or otherwise) who speaks the target language fluently and have access to a trained translator for the interpretation and preparation of formal legal documents. If resources are limited, consider hiring students from local colleges or law schools who speak the language. They will often work on an hourly basis and have flexible hours.

Also, attempt to learn the target language yourself or at least some key phrases, if learning the language is difficult or impracticable. As seen by the large growth in our Hispanic population, Spanish has become a virtual second language in many areas of the country and is an increasingly essential skill for the New York practitioner. Making the effort to learn the language shows the community you are willing to make an effort to reach them and that you will make the same effort to provide your services to them.

This bilingual connection also extends to printed fliers and Internet presence, which should be available in both languages. However, it is essential you make sure that the proper dialect of the community you are reaching is used. Remember that Castilian Spanish is not Latino Spanish and that Puerto Rican Spanish is not Mexican Spanish.

As with any attempt to expand your practice in a new direction, you must be patient, especially here. Be patient with yourself, be patient with the growth of this part of your practice and be patient with the potential for greater success.

Florence M. Fass is a senior partner at Fass & Greenberg in Garden City, N.Y.

::::FOOTNOTES::::

FN1 The needs of other growing populations such as blacks, women, gays and lesbians and the elderly, while not "cultural" groups, also present unique challenges and opportunities for marketing and business growth plans. Indeed, the elderly population (age 65 or older) is expected to constitute 20 percent of the nation's total population by 2050.

FN2 The New York County Lawyers' Association, "Report of the Task Force to Increase Diversity in the Legal Profession," January 2002; available at www.nycla.org.

FN3 For example, The Long Island Business News recently published its report on the growth of various minority groups on Long Island from 2000 to 2006 in "The Changing Face of Long Island" (May 30-June 5, 2008 ed.).

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