SISTER WHERE ART THOU?

Recently Workingmother.com published its list of the top 50 law firms for women that by virtue of their numbers and programs are among the best places for working-mom lawyers. The legal profession and law firm partnerships in particular have long had the image of being dominated by white men. The female enrollment demographic at law schools has really only seen an appreciable increase during the last 30 plus years so from the historical standpoint the image is not too surprising. In the modern day however law schools are fairly well balanced with many if not most law school student populations hovering at around 50% women. Law schools are the feeder candidate pools for law firms so it stands to reason that many firms are also reporting that approximately half of their incoming associate classes are women. The published data in the aforementioned top 50 law firm survey bears this out.

Steadily over the last twenty years greater emphasis has been placed on diversity in the lawyer workforce generally and more women and people of color are entering the profession. (The plethora of goodness that comes from this is well stated elsewhere and not the subject of today’s post.) The firms mentioned in the top 50 list are implementing worthy initiatives to attract, retain, and develop the incoming female talent to insure they have the tools to develop and contribute as equals. Those firms should be applauded for their results and encouraged to continue their winning ways. I am optimistic that these firms get it, and are pushing for even greater results in the years ahead.

But I am alarmed at something. Puzzled. Frustrated. Okay, downright irritated if you must know….The percentage of incoming women associates is at the 50% mark which is consistent with the available talent pool. Great. But “the best” firms average just over 20% female partners. Whoa!! That means that women are leaving law firms in droves during the formative years of their careers, and at a rate significantly higher than their male counterparts! Something more than the childbirth years is at play. This is a level of attrition among a single workforce population is way beyond explaining away by women choosing to be stay-at-home mothers. What is happening between the time of entry and the time when partnership decisions are made that is causing this huge drop in population? My sister, where are you going?

The reality is that we don’t know where these women are going. Statistics on lawyer demographics are not readily available in aggregate form for comparison or analysis. We do know from law firm surveys like this that women are leaving law firm life at a rate that will quickly deflate the progress of women in the legal profession if it is allowed to continue. If you are a law firm leader – partner, committee chair, HR – I hope you are as disturbed as I am over this situation, because it is unacceptable. A significant portion of your greatest asset, your lawyers, are leaving in droves. Your talent is walking (at this rate more like running) out the door. Your clients demand to see their matters staffed with diverse lawyers from all levels in your firm, and if that is not a message you are hearing from them now I can guarantee you will hear it when you go to develop new business. This is a situation of urgency that needs your attention.

Here’s the good news – this is a situation which has the ‘everybody wins’ potential written all over it. The recession is ripping into the traditional law firm business model and turning recruiting and retention on its head. Law firms are being forced to rethink summer program and entry level associate recruiting models because their cost and efficiency is no longer sustainable. Compensation based on billable hour production is facing opposition from in-house counsel like an oncoming train in the form of demand for fixed fees and other cost control measures. How lawyers develop professionally, demonstrate their value, gain skill and expertise, and ultimately how they are evaluated for entry into the partnership is all tied into this and is being tested. Traditional methods of training, compensating, and ultimately retaining talent are on their way out. Firms that are creative and visionary enough to develop a new strategy will come out ahead in the longer term.

If you are a law firm leader, this is the perfect time for you to examine every aspect of how you run your business and make it all that it can be. This is no time to be complacent with old ways of doing things. A *true* leader has to be willing to challenge the status quo. Competition for "the top 10%" is no longer defined by virtue of elite law school law review membership. Greatness is not defined by the logging of time any more than it relies on a person's gender or race. Dispense with the old worn out definitions of how you evaluate and promote talent and you may well uncover the potential that has been in your organization all along. This isn't just "a women's issue" that you can appoint the women in your firm to solve for themselves. It takes commitment and action from the top. It isn't something to be delegated to the firm's recruiting committee, a small handful of mentors, or the marketing department. Roll up your sleeves and make it a business priority with accountability, timetables, and measurable goals. Get creative.

Your talent base, to be attractive as service practitioners to your clients, must be as diverse as their businesses and their customers. That population is really all of us in the working world. If you are a law firm leader, the solution to your competitiveness as a firm lies in your ability to attract, retain, and foster a diverse talent base, most certainly including women. Look no farther than half of your incoming associates as the first step in the equation. As a law firm leader, you can demonstrate your true leadership by solving this dilemma. You can create a rewarding workplace replete with happy clients and hold out your firm as being a leader in the profession. Half (or more) of your incoming talent, that you worked hard to recruit, will turn over at a much lower rate and be happier and more productive. High turnover costs money, you keep that money in the bank and your profits will be more sustainable. Everybody wins.

I really really really hope when I read the workingmother.com survey next year that someone has moved the needle. There is so much opportunity for progress. Don’t let next year’s story be a sad déjà vu.

MUST BE PRESENT TO WIN

Popularized by "mad men" marketing wonks in days gone by, "must be present to win" is the tag line you've seen and heard a thousand times in contest rules. Face it, no one is going to hand you the keys to the pretty sports car in the window based on you scribbling your name on the equivalent of a cocktail napkin - you have to be there when the drawing is conducted with legitimate identification at the ready. With the evolution of online media, being "present" has taken on new meaning. With the a few screen flicks and a little typing anyone can be present on the glorious worldwide web. Cool! Uh, really though? I mean, you can have the prettiest web page or most well-written article but if no one sees it you are the equivalent of one hand clapping. And who wants to be that?! Not so helpful for your career....yes Virginia, you need to be present to be noticed!

Bill Gates Sr. writes about this in his current book "Showing Up for Life: Thoughts on the Gifts of a Lifetime." A quick read written by a gracious and intelligent man, the concept is beautiful in it's simplicity. Early in my recruiting career when internet technology was in it's nascent stage the tools I had as a recruiter to attract a diverse pool of talent were fewer than today. But I often thought it odd to be asked how my employer could attract, for example, more securities lawyers, when those we had in that role did not network among their colleagues who worked elsewhere. It seemed so basic to me. Looking across the desk my question back would always be "who do you talk to, and where do you go where you meet others like you?" The answer stems from the same basic premise: you must be present. Whether it is your career or your kids or your personal life, if you don't show up then you do not have any kind of presence and will lose out to whoever is there and whatever is going on in your absence. Call it what you will, the result is the equivalent of one hand clapping, everyone else moving forward while you stand still, acceptance in silence. Ouch.

Being present can take several forms. My list starts here:

• Listen. Completely, thoroughly, attentively, listen. Multi-tasking while you are on the phone? I bet you are not getting, or giving, that conversation the full attention it deserves. While you tell yourself you are being efficient with your time, you may be easily missing out on important content of the call. Worse yet, whatever else you are doing at the same time isn't getting your full attention either! No need to wonder why laws are cropping up legislating that people just hang up and drive. Focus your attention on hearing every word and observing every expression in a conversation, and engage in it, fully.
• Be in diverse communities. Does your organization have people who actively participate in activities where women and people of color are present? Good, because that is far more effective than the tag line on the bottom of your career page that says you welcome people from diverse backgrounds. Mean and do what you tell others is important to you and your company.
• Interact in person. Oh I love the internet and email, you can reach so many people and quickly. Remember the days before email and VOIP when we were only on the phone during "normal" business hours and live conversation dominated? Trust me, I am happily an email power user these days, but in my line of business particularly there is still no substitute for the in-person interaction. Corporate cultures are not created telecommuting, and you will miss the total experience if you are not there to interact with others.
• Observe and process. Act on the information and knowledge at your disposal. I don't mean to beat up on mobile phone technology, but did you see the online article about the teenager who fell into an open sewer because she was texting while walking down the street? Unpleasant to be sure and dangerous, to say nothing of the liability. Use your senses to observe what is going on in the world around you. Whether it is sidewalk construction in your path or world events, there is so much information available to us that we have no excuse for not paying attention. Scrutinize and absorb what you see and hear. Think about it critically, and act on it. So many people do not do this that you will be ahead of the game by this simple step alone.
• Network. Interested in art? Go to art galleries or a guided gallery tour and I bet you will meet like-minded people. Curious about another industry or market segment? Your local business journal probably sponsors free breakfast-hour talks given by local business leaders. Updating your CLE credits at a seminar? Strike up a conversation with the human sitting next to you or make it a point to exchange business cards with one other person in attendance. Voila, you just expanded your professional network. Easy.
  Be attentive to yourself. How you present yourself sends a message just as important as the words you use. Use spell check when you write. You don't have to spend a lot of money on clothes or grooming products, but be mindful of what your image says about you. Ask someone if you need help finding things that fit or look good. Think of it as part of being all you can be.
  

I will leave you with an example. I will never forget a candidate I interviewed once who I was recruiting for a lobbyist position. Being a Washington D.C. insider does not happen overnight, and requires a great deal of finesse and skill to penetrate and become a member of networks not easily joined by outsiders. It can be a bit of what comes first the chicken or the egg kind of proposition. I wanted to know how he did it, so I asked him what methods he used to subtly gather information and meet people. I won't give away all his secrets, but the one that perked my ears was his choice of cash machine. He made it a point to always use the one near the Senate building so he could increase his odds of bumping into a key staffer or member of Congress. The point was to go where he could increase his odds of being seen by people he wanted to see. He isn't a household name, but he is very successful. I can tell you that some years later when we had dinner together in D.C., our dining booth had more traffic than Grand Central Station. It seemed like EVERYBODY knew this guy. Impressive.

Like everything else in life, it is about striking a balance. Stop for minute and consider how much more you can get out of your career and your life by being present in every sense. Now close your email and get back to work!