Friday May 29, 2020. A protester holds up a sign during a Black Lives Matter protest that joined at Foley Square in Manhattan to march over the Brooklyn Bridge in protest of the death of George Floyd. Photo: Ryland West/ ALM
The murder of George Floyd last summer has, in many ways, changed the way law firms talk about social justice, racial inequity and even political issues.
In the wake of Floyd's death—which was captured on camera for the world to see, awakening many to the reality of systemic racism that still pervades communities across the United States—firm leaders scrambled to host "listening sessions" and roll out new committees and programs aimed at providing support to attorneys of color and educating the industry's majority-white population about the pernicious and long-standing problem of American racism.
Law firms have long invested money and resources into diversity programming. But now, many law firms are taking an outward-facing stance on questions surrounding racial inequity and social justice, and they're voicing support for people of color and disadvantaged groups in a way they had not done in the past.
And they're doing so not just on issues of racial justice in the criminal justice system, but also for voting rights and presidential politics. It's a shift for these organizations, which historically stayed out of social movements in a meaningful way.
The true change has been cultural, industry watchers say, and that change will be lasting at many firms.
"If we ignore them then we ignore the humanity of our people and what we bring with them to work everyday. We're not sitting atop some ivory tower. We're part of society and have a responsibility to society," says Yusuf Zakir, chief diversity officer at Davis Wright Tremaine.
More Than Just Money
The events of last summer propelled an outpouring of financial support from dozens of law firms. Kirkland & Ellis committed $5 million over five years to various organizations; Cooley donated $450,000 to the Equal Justice Initiative; Latham & Watkins said it donated at least $500,000 to organizations including the Equal Justice Initiative and the NAACP Legal Defense and Educational Fund.
Several law firms also worked to expand pro bono programs, and many formed new committees or advisory boards.
But pro bono efforts and diversity programming have been around for years now, driven in part by a push from clients to bring more women and attorneys of color into the white-majority and male legal industry. The latest wave of change that many see lies not in the mass flurry of donations to civil rights organizations and pro bono programs.
It's measured in words, rather than dollars. Law firms are facing outward now, not just inward, and are using their platforms in a way they had not before.
Law firm leaders spoke out clearly about George Floyd's murder and racism last summer. Black attorneys shared deep and honest thoughts about their experiences inside and outside of the law. Firms held town halls and spoke baldly about race.
"There is a sense that, finally, our law firms recognize the experiences of Black people in this country and, in law firms and in the legal profession in general, that experience has been different," says Grace Speights, co-leader of Morgan, Lewis & Bockius' social justice task force, Mobilizing for Equality.
"People are willing and comfortable now talking about almost everything. And I think that's a good thing. We've had some discussions that, even three years ago, we might not have talked about," Speights added.
The frankness goes beyond just words and signals a cultural shift for the legal industry. Many see the shift in attitude as the bridging of a sort of cultural gap between attorneys of color and their white-majority law firms, the leaders of which for a long time did not acknowledge or speak about racism in a meaningful way.
Meanwhile, when some firms took on causes—even as clients—that were perceived to be adverse to equality, democracy and the interests of disadvantaged populations, there were consequences.
Some lawyers at Jones Day and Porter Wright Morris & Arthur expressed discomfort in their firms' representation of the GOP in post-election lawsuits. Both firms were also raked over the coals on social media, namely by the Lincoln Project, which blasted the firms and called on their employees to resign.
"Is there a connection between the diversity efforts of law firms and the necessity to speak forthrightly about race? I happen to believe there is," Beveridge & Diamond chairman Ben Wilson said. "If you want diverse lawyers to feel comfortable at their company, law firm, they want to know where the company stands."
Politically Divisive
The outpouring of activism has not been contained to just law firms: Scores of CEOs spoke out against George Floyd's murder last summer and have continued to speak out in the arena of voting rights. In a way, the outspokenness of corporations and their outside counsel are connected, says Molly Levinson, founder and CEO of The Levinson Group.
"Clients really view social justice issues as essential to their business objectives," Levinson says. "Clients want to partner with businesses that have the same values as they do."
After supporters of former President Donald Trump stormed the U.S. Capitol building Jan. 6, Crowell & Moring chairman Philip Inglima called on other firm leaders and lawyers to support his call to remove Trump from office by invoking the 25th Amendment.
"We call upon the vice president and the cabinet officers to invoke Section 4 of the 25th Amendment to the Constitution and to declare to the leaders of Congress that the president is unable to discharge the powers and duties of his office," Inglima and Crowell's management committee wrote in a statement Jan. 7.
Similarly, many law firms are now speaking out against the new voting laws being passed by Republican-led legislatures in states such as Georgia and Florida. Troutman Pepper Hamilton Sanders, Ballard Spahr and Paul, Weiss, Rifkind, Wharton & Garrison have all recently spoken out against these voting restrictions.
Ballard Spahr chair Mark Stewart said the issue of voter enfranchisement "should not be politically divisive." He said the firm's public comments on the Georgia voting law have been driven by an effort to publicly show support for the firm's minority partners and staff members.
"It's sort of unassailable that voting is a right and we as lawyers support the rule of law should be willing to comment on things that are important to the rule of law," Stewart said. "That's the standard that I use when I think about what I'm going to recommend to the board."
To be sure, this shift, while welcomed by attorneys of color, is not the end of the road. Many like Wilson acknowledge that there is much more to be done, and words must be followed up with concrete action. But many see this sort of activism brought on by last summer's events as something that's here to stay.
"I think the fact that we took a stance on racial injustice will lead us to take stances on other issues," Speights said.
Justin Henry and Patrick Smith contributed to this story.
Dylan Jackson
Dylan Jackson writes about the business of law and race. He can be reached at [email protected] or 305-347-6677. On Twitter @DylanBJackson