OCBA UPDATE: Don't roll your eyes - Open them and get on board

How predictable: another column devoted to diversity, full of good intentions and bromides but no different than the past decade of February editions. We get it; it’s a problem. And you’ll write the same fluff next year. Yawn. Moving on ...

STOP. Some of what you say might be true. The lack of diversity and inclusion in our profession, as in our society, is a seemingly intractable problem with multiple, deep and nuanced causes. But this column is about solutions.

Reams have been written on the multiculturalism challenges in the legal field1 and the cries for change have been persistent for such a long time they risk becoming background noise.2 Many discussions about multiculturalism start with a sales pitch – why diversity matters. It is sometimes talked about as a business proposition – it will help you get clients, keep associates.3 Or diversity is discussed as a necessary aspect of our ability to represent our clients and communicate with judges and juries. These and other ‘benefits’ of diversity have been written about before.4 Or the effort is made to convince you that, indeed, bias actually exists – express and malicious bias as well as implicit and culturally reinforced bias.5

All of these points are important. But let’s focus on action. The first action: Bar associations must lead.

Bar associations are absolutely critical vehicles for advancing diversity because, as the ABA emphasized, they “help shape the norms of the profession regarding the value of diversity.” Bar associations regulate us and empower us with the ability to practice consistent with the conditions and values that bar associations both require and model.

When bar associations prioritize diversity, it institutionalizes those critical values. When bar associations do not prioritize diversity, as the ABA’s report noted, it creates an environment that tends to exclude or marginalize underrepresented groups, “which often leads to alienation, dissatisfaction, a dearth of potential mentors to socially diverse law students, and a paucity of diverse law firm partners, corporate counsel, tenure-track law professors, appointed government attorneys, and judges.”6

Your bar is committed to action, not words, on this topic. When Jim Parks, during his OCBA presidency, challenged the bar on diversity, and then supported an event that combined implicit-bias training with a frank discussion on how to start having discussions about diversity, the opportunity to do more, to make a lasting impact – it hung in the air, it was tangible, and we had to try and seize it. “The first and most important step toward diversity and inclusion is to make that objective a core value that is institutionalized in organizational policies, practices, and culture.”7 It is frustrating, after all these years, after all of the articles, speeches and symposia, to still be at that step. But it is where we are. The board of directors voted unanimously to establish a Diversity and Inclusion Committee. As an important acknowledgment of the centrality of its mission, the chair of that committee, Kaitlin Brown, will attend all board of directors’ meetings, so that multiculturalism is not something we just pay lip service to, but it is literally present at and impacts every decision we make.

I am proud of our board and the OCBA staff for wholeheartedly committing to what will be a multi-year effort. But it is just that – a first step. Our board consists of 15 members. We have excellent representation in some ways – different ages, different sorts of practice. And of those 15, nine are women. That sort of representation is outstanding and a far cry from where we were as an organization a mere 10 years ago. However, of those 15, only three are an ethnic minority. We have little or no representation from other critical groups, including LGBTQ attorneys, attorneys with disabilities and attorneys from different faiths. This is not good enough. The board and staff are committed to making it better.

From all that I’ve read, seen and been taught, solutions start with an open heart and willingness to engage. We as an organization have embraced that. Now it’s about action. And we want you to join us.

It is easy to decline the opportunity to take a turn at the oar. It’s work; there are other things demanding our time and our effort; and sometimes even after really pulling on that oar, you might not feel like much progress was made. That’s OK. Because if you didn’t do it, the boat would not be driven at all; it would have no purpose. It would simply drift with the current, making no progress, and eventually hitting a rock. People would wonder how that could have happened. It happens when no one rows.

We are at the beginning of a long journey. Much work needs to be done. Let this be our call to arms. Join us, in big ways or small. But just actually do something. Eye rolling and resignation will not carve a future we are all proud of. If you are willing to help but don’t know how, we can help. Just call us. We’ll be here at the oars.
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Footnotes
1https://www.washingtonpost.com/posteverything/wp/2015/05/27/law-is-the-least-diverse-profession-in-the-nation-and-lawyers-arent-doing-enough-to-change-that/.
2https://abovethelaw.com/2018/06/diversity-fatigue-in-a-profession-where-theres-not-enough-diversity/.
3https://biglawbusiness.com/diversity-is-a-business-imperative-for-law-firms-perspective.
4https://www.lawpracticetoday.org/article/diversity-impact-legal-profession/.
5https://hbr.org/2019/08/why-women-and-people-of-color-in-law-still-hear-you-dont-look-like-a-lawyer; https://repository.law.umich.edu/cgi/viewcontent.cgi?article=2874&context=articles.
6https://www.lawpracticetoday.org/article/implementing-diversity-state-bar-associations/.
7https://law.stanford.edu/wp-content/uploads/2015/08/Diversity-in-the-Legal-Profession-Perspectives-from-Managing-Par.pdf.
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Daniel D. Quick, of Dickinson Wright PLLC, is the 87th president of the Oakland County Bar Association.