Problems cannot be solved unless they are first identified. Therefore, legal employers should attempt to identify and assess diversity issues which may exist in their particular business. An assessment of diversity issues may include both quantitative and qualitative methods, such as gathering numerical data on the percentage of women and minority attorneys, conducting interviews of associates and partners regarding their perception of diversity in the workplace, and conducting a focus group to evaluate the status of diversity.

Once the nature of diversity issues are known, employers can be in a position to develop appropriate strategies for attacking the issues.

Success strategies

Managing partners and firm leaders are changing the way they manage diversity in their firms. New approaches are emerging, such as action-orientated approaches that embrace diversity and work toward a firm culture that values and reflects the cultures of all of a firm's attorneys.

Diversity will continue to increase at law firms, for many reasons. It is obvious that we are a diverse society. Diversity is an important part of doing business today. In 1999, more than 400 chief legal officers of Fortune 500 companies signed "Diversity in the Workplace: A Statement of Principle." Over the last decade, as companies have become more committed to diversity internally with their own workforces, they have begun to expect more diverse outside counsel.

"Though many law firms have taken this issue seriously, most have not, which is why the legal departments of companies are trying to communicate to their outside firms the business impact of diversity," explains Virginia Grant, a senior consultant with Altman Weil Inc., a legal consulting firm. "Companies know that if they are more diverse, they are better able to withstand the changes in society, especially as more corporations are going global. Law firms that are able to provide diverse lawyers are able to help corporations meet these challenges."

These are some of the strategies that have helped law firms to implement effective diversity programs:

1. Set the context for change in your law firm. The crucial first step in implementing successful diversity initiatives is clearly positioning the intent and scope of the overall change effort. It is imperative that a rationale for adopting change be provided to all members of the firm in order to minimize confusion, build a firmwide understanding and gain widespread support for diversity initiatives. Early communication to set the stage for implementation should link valuing diversity to changing workforce demographics.

2. Reach out to local law schools and faculty. Practice-group leaders and managing partners should reach out to faculty members as resources for the recruitment of minority lawyers. Law firms can use their resources within law schools to communicate with minority law groups and encourage minority applicants.

3. Recruit minority law students for summer programs. It is important to assign these students to influential partners at the firm who will mentor them and give them assignments.

4. Participate in and sponsor job fairs and diversity seminars offered by legal associations. The Defense Research Institute holds an annual "Diversity for Success Seminar" in June, designed to improve marketing skills and increase firm recruitment and retention of minority attorneys. The seminar also provides a unique opportunity for minority lawyers and their law firms to interview with corporations committed to diversifying their national outside counsel.

5. Recruit minority candidates for both partner and associate positions. In today's environment, it is imperative that law firms look at their business practices and begin to take a serious look at recruiting minority candidates. The business world has spoken, and law firms must listen. For example, in 2005, Wal-Mart sent a letter to its top 100 law firms informing them that at least one person of color and one woman must be among the top five relationship attorneys that handle its business, or else Wal-Mart would move its business to another firm. The goal, said associate general counsel Samuel Reeves, is to "increase the number of women and minorities directly responsible for the Wal-Mart relationship at our law firms." Other Fortune 500 companies, such as Visa International, Del Monte, Pitney Bowes and Sara Lee have also begun to implement strict guidelines requiring outside counsel to demonstrate that there are substantive numbers of women and minority lawyers in the upper levels of their firms.

6. Use professional recruiting consultants. Professional consulting firms that specialize in the recruitment of minority lawyers are proactive in reaching out to diverse groups of legal talent. Consulting firms suggest that job opportunities for lawyers be listed on a firm's Web site so that information about legal positions is available to the widest possible audience.

7. Reward lawyers who work to implement a diversity program. As with any program implementation, measurable results and metrics are key ingredients in effective diversity implementation efforts. In firms committed to launching a diversity program, results and financial rewards are linked together so that lawyers who value diversity benefit from proactive efforts.

8. Involve minority lawyers on hiring committees, recruiting efforts and interviews of minority candidates. Leading minority partners and non-minority senior lawyers who play instrumental roles on the firm's key management committees, including associate evaluations, compensation, legal personnel, and partnership selection, should also play key roles in the recruiting efforts and interviews of minority candidates. The managing partner and the law firm's executive committee should continue to review and approve a wide range of programs to enhance the firm's effectiveness in recruiting, retaining and developing minority lawyers.

9. Invite law-school groups to visit the firm for an orientation session and an introduction to the firm's practice areas. A law firm should take a proactive approach to contacting a nearby law school and discuss opportunities to have minority law-school groups come in and take a tour of the law firm. Practice-group leaders can discuss the many different areas of law, explain what is expected of a first-year associate and offer success strategies for getting hired. At the end of the presentation, the partner can field questions from the students and allow the presentation to become interactive.

10. Develop a multicultural mentoring program. The most successful mentoring programs are based on two key assumptions: Mentoring must be inclusive, not exclusive; and cross-cultural mentoring is a learning opportunity for protégés and for mentors. Mentors should assign minority lawyers challenging tasks and help them perform high-quality work. Mentors should assist the attorneys in developing important skills, such as writing, networking and understanding business development.

11. Help make high school students aware of what being a lawyer is all about. Local school districts and law firms can implement programs that give high school students the opportunity to get a better understanding and awareness of the legal profession. The law firm can implement a shadow-a-lawyer program that will allow interested students the opportunity to accompany a young associate around for a day to get a firsthand look at what is required to be a lawyer. The length of the shadowing time period can range anywhere from a few hours to a whole day. Law firms can also implement a program of "adopting" schools in the community to focus on instruction and mentoring the students. Attorneys at the firm could set up a mock-trial program at a local high school and coach the students in order to prepare for competition against other schools.

12. Develop knowledgeable and committed leaders in your firm. In order to implement a successful culture change in your firm, it is imperative that there is a groundswell of leadership support. Without this, implementation efforts will be fruitless: Diversity initiatives won't move beyond the awareness/training stage to address systemic issues and create substantive change. More-successful diversity efforts are committed to encouraging enthusiastic, visible sponsorship at the senior-partner level and providing ongoing executive coaching and education.

Understanding and valuing diversity are the fundamental first steps in achieving diversity in the workplace. The time has come, however, to take the next steps toward creating and sustaining diversity in our nation's legal profession. If the legal profession is to reap the many benefits of true diversity, legal employers must turn words into action and implement pro-active strategies which further diversity.

Joseph Hanna is a lawyer at Goldberg Segalla LLP's Buffalo office. He can be reached at jhanna@goldbergsegalla.com.