The document summarizes key points from a conference on diversity and inclusion in Boston law firms. It discusses national trends showing a decline in minority attorneys and partners from 2009 to 2011. For Boston firms, the number of minority partners decreased slightly from 2009 to 2011, while the percentage of minority associates remained similar. The document also provides diversity numbers for Boston firms from 2009 to 2010 NALP reports, showing the number of minority partners, associates, men and women in those groups.

1. Boston Bar Association's Diversity & Inclusion Section Conference
The Future of Boston Law Firms in a Global Economy
June 5, 2012
E. Macey Russell
Partner, Choate Hall & Stewart
Co-Chair, Diversity and Inclusion Section

2. What Corporate Law Departments and
Their In-House Counsel Can Do Now:
How to Advance Diversity and Inclusion
Form a committee.
• Create a committee that meets on a regular basis to review materials submitted by
diverse attorneys.
• Be sure to establish expectations for diverse attorneys and provide honest feedback.
• If you need assistance with structuring a committee for your department and determining
short- and long-term goals, there are resources available to assist you, including The
Institute for Inclusion in the Legal Profession (www.TheIlLP.com ) and the Minority
Corporate Counsel Association (www.mcca.org ).
• If your law department is too small to support a formal committee, consider meeting
informally to discuss some of the strategies outlined below.
• If your department already has a diversity committee that is primarily focused on the
internal career progression and professional development of in-house counsel, consider
adding responsibility for increasing the diversity of outside legal counsel (or create a
separate committee/subcommittee to do so). This responsibility would include assessing
and evaluating your preferred law firms' commitment to diversity.
Appoint a diversity officer or liaison.
• Consider appointing an officer or liaison who will:
o Follow-up with diverse attorneys after bar association events
o Keep the lines of communication open and clear
o Create an internal data bank of diverse attorneys by state and practice area for
in-house counsel to consider
o Request diversity information from law firms and measure progress

3. • The officer or liaison should make it easy for diverse attorneys to communicate with the
law department and for in-house counsel to identify diverse outside counsel should the
need arise.
• The officer or liaison should oversee the in-house diversity committee and work with law
firms on their diversity plans, as well as related programs and events. Having a person in
this role is crucial if corporations truly want more diversity in the law firms they use as
outside counsel.
Actively encourage diversity in the outside firms you work with.
• Law departments can and often do use diversity as a means to narrow the list of potential
firms or to break a tie among equal firms when giving out business. The "diversity tipping
point" should be used by law departments at either the inception of the law firm
relationship when awarding business or to enhance a business relationship with an
existing law firm. Either way, the department should make it clear to the law firm that
new or increased business is a direct result of diversity. These measures will have a
direct effect upon advancing diversity in outside firms, given that:
o Many diverse attorneys struggle to develop a book of business, become partners
and remain partners—making it hard to achieve and maintain diversity within
outside firms overall.
o Business generation translates into power and respect for diverse partners in the
law firm setting, which in turn demonstrates the value of diversity to their firms.
o A diverse partner with power can make the difference between a diverse
associate staying at the firm or not. This contributes to improving the "pipeline,"
since it is much easier for firms to recruit diverse talent if they have diverse
partners. Down the road, this will increase the number diverse candidates for in-
house positions.
• Host diverse outside counsel for an annual in-house diversity conference, which will
strengthen the relationships between diverse counsel and the corporation, and will also
provide a platform to discuss everything from billing rates to substantive issues. You can
also consider hosting monthly or quarterly luncheons to discuss company objectives and
challenges with diverse counsel.
Establish in-house clerkship positions for diverse associates.
• Law firms and corporate law departments should work together to launch a "First Year
Diversity Clerkship Program." Each year, they would agree to hire one or two diverse
first-year law students for the summer who would split time working between the law
department and law firm.

4. • An example of such a program is the citywide diversity clerkship program launched by
the Boston Lawyers Group in 2007 with the support of major institutions and some of the
city's most prominent law firms. Under the program, BLG supplies first year resumes to
corporations and law firms who then team up to interview and select students. This
program introduces diverse attorneys to practice areas important to significant firm
clients. Law firms and corporate law departments should consider joining this program.
• Why are clerkship programs effective?
o The law department and law firm develop diverse talent in areas of the law and
business important to the client and widen the diversity pipeline.
o Experiences in the program help diverse law students learn some of the ins and
outs of a client's business and about law firm life, and serve as a valuable
resource when students undergo interviews and are considered for full-time
offers.
o The summer experience supplements the student's law school grades, which for
some students can be a barrier to being hired, provides the student with writing
samples and references that can speak to the student's true talents and abilities,
and gives the student a better chance for success as an associate because he or
she now understands what is expected.
Make networking with diverse outside counsel part of your routine.
• Meet for a cup of coffee with diverse attorneys as an opportunity to get to know each
other—not as a formal business pitch.
• Consider planning to connect with a diverse counsel contact at an upcoming bar
association event, to eliminate any pressure of having to meet for a designated time period.
• Accept marketing materials and a resume from diverse attorneys you meet. Bring these
to the consideration of the diversity committee or designated diversity contact within your
law department. When possible, allow diverse attorneys the chance to make that 30
second pitch, with the potential for a follow-up pitch presentation.
• When you meet a diverse attorney who works for a firm on your approved list of outside
counsel, stay connected.
o Consider calling your contact at the firm and request that the diverse attorney
become involved with the next deal or litigation matter. You can also arrange to
meet with the relationship partner and the diverse attorney.
o Notify your in-house colleagues that the diverse attorney works in his/her area of
expertise and/or at an approved law firm.

5. What Law Firms And Their Partners Can Do Now:
How to Remove Internal Law Firm Barriers to the
Success of Diverse Attorneys
Support existing diverse partners.
• Law firms must stabilize and support their existing diverse partners and senior associates
to prevent them from leaving their firms and eroding diversity efforts.
• Diverse partners and senior associates are key to developing sustainable diversity in
your firm.
• Support should include having diverse partners and associates attend minority bar
association conferences, such as MCCA events and the ABA's Minority Counsel
Program, with clear strategic goals and objectives in place in advance of the event. The
effectiveness of attending these events should be evaluated regularly, and strategies
adjusted as needed to make the most of these opportunities.
Develop diverse associates into partners.
• Focus on mid-level associates and address any partnership concerns now.
• Have an open dialogue about chances of the diverse associate making partner and how
one might do it with firm support.
• If the diverse associate needs assistance in a particular area, consider engaging the
services of an expert/consultant to address issue head-on.
Mentor diverse attorneys.
• Two of the leading barriers to success are inadequate mentoring and the failure to
identify and promptly address any work performance concerns.
• Since many firms are structured and managed in such a way that partners can run their
own individual practices, it is key that these partners—who control who works on matters
for their clients and are protective of their client relationships—provide opportunities for
diverse associates.

6. • It is common to hear from diverse attorneys who have been laid off at major firms that
they believed they:
o Could not make any mistakes at their firms (and therefore appeared less
confident than they were)
o Never received a fair chance to compete
o Never really connected with anyone at the partner level
• Some believe that law firms unfairly minimized their accomplishments and magnified their
mistakes. These perceptions (accurate or not) are consistent with survey findings about
why minority attorneys often leave law firms — a lack of mentoring.
Avoid "tagging" the diverse associate.
• Partners will not fully participate in a diversity plan if they perceive (correctly or not) that it
may adversely affect their client relationships. For example, the diverse associate does a
poor job and the client is upset. The partner believes that this will impact his/her client
relationship, and refuses to use the diverse attorney on the next matter or any other
matters.
• When this occurs, questions can sometimes arise for other partners about the associate's
performance and word "gets out." Though this dynamic may, to some extent, exist for all
associates, many diverse associates are concerned that once they have been "tagged" in
this manner, it may be harder for them to get second opportunities to impress and to
redeem themselves in the eyes of the partner or firm.
• Diverse associates in this position sometimes believe they have no option other than to
leave the firm and start over elsewhere.
• What can be done about this? Law firms and law departments need to address how
partners really feel about this issue as well as about training and mentoring minority
attorneys.
Improve the business knowledge of diverse attorneys.
• The reality is that many minority attorneys may come from vastly different backgrounds
than other associates, and are learning the law and business for the first time. It may
take time to get up to speed.

7. • To overcome this obstacle, partners and firms can develop policies to bridge the training
gap. The benefits are clear: a better work product enhances the value the firm brings to
its clients, diverse associates feel like part of the team, and relationships among partners,
associates and clients are strengthened.
o Partners and associates should work together to generate the client work
product. This training should continue until the associate is able to handle
matters with little or no partner supervision.
o The client and firm should agree to write off the partner's billable time spent
mentoring and teaching, and the associate's billable hours incurred learning the
client's business and substantive law.
• Such write-offs should have no negative impact on partner
compensation. Indeed, the firm should reward the partner for the
mentoring and training.
o Support the Boston Lawyers Group's IL Clerkship Program.

8. 6/5/2012
Boston Bar Association's Diversity & Inclusion Section Conference
The Future of Boston Law Firms
in a Global Economy
• Seaport Hotel Boston, MA
June 5, 2012
by any measure
rn
CHOATE HALL & STEWART LLP choate.com
CHOATE
• Mark Roellig Executive Vice President and General Counsel. MassMutual
Insurance Company
• Rachael Rollins General Counsel, Mass Department of Transportation & MBTA
• Sandra Yamate CEO, The Institute for Inclusion in the Legal Profession
• Marc Firestone General Counsel. The Philip Morns Company
Krish Gupta Senior Vice President and Deputy General Counsel, EMC
Corporation, and member of Board of Directors ACC-Northeast
Macey Russell Partner. Choate Hall & Stewart LLP
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9. 6/5/2012
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National Diversity Trends
NALP 2009 v. 2010 V. 2011
Member
Mtomeys Partners Associates
Firms
2009 1,514 124,988 61,821 63,168
2010 1,400 115,002 58,753 56,249
2011 1,349 109,385 56,599 52,786
Difference -165 -15,603 -5.222 -10,382
Minority Minority
Partners Percent Associates Percent
2009 3,740 6% 12,425 20%
2010 3,619 6% 10,985 19%
2011 3,712 6.56% 10,504 20%
Difference -28 +.56% -1,921
Minority
Percent
Attorneys Overall
2009 16,165 14%
2010 14,604 13%
2011 14,216 13%
Difference - 1,449
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Boston Diversity Trends
NALP 2009 v. 2010 v. 2011
Member
Attorneys Partners Associates
Finns
2009 35 4,185 1,907 2,278
2010 35 3,847 1,828 2,019
2011 35 3,778 1,775 2,003
Difference -407 -132 -275
Minority Minority
Partners Percent Associates Percent
2009 66 3.46% 323 14.22%
2010 59 3.23% 301 14.91%
2011 57 3.21% 300 14.90%
Difference -9 - 25°A -23 +.76%
Minority
Percent
Attorneys Overall
2009 389 9.29%
2010 360 9.35%
2011 357 9.44%
Difference -32 +9.15%
Dr, '1 27 7 1 Re
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10. 6/5/2012
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Boston Law Firm Diversity Numbers
2009 NALP Report - 35 Member Firms
African Asian
2009 Hispanic LGBT Others
American American
Total Partners
1,907 (66) (3.46%) 17 (0.89%) 27 (1.42%) 13 (0.68%)
Men (42) 15 10 10
Wotnen (24) (1.31%) 2 (0.10%) 17 (0.89%) 3 (0.16%) 20'
Total Associates
2,278 (323) (14.22%) 60 (2.63%) 181 (7.95%) 55 (2.41%) 00
Men (142) 30 76 24
Women (181) (7.95%) 30 (1.32%) 105 (4.65%) 31 (1.36%)
•not al firms repMms gendm spiral statistics
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Boston Law Firm Diversity Numbers
2010 NALP Report - 35 Member Firms
African Asian
2010 Hispanic LGBT Others
American Amencan
Total Partners
1,525 (59) (3.23%) 15 (0.82%) 30 (1.53%) 13 (0.71%)
Men (37) 13 13 11 0
Women (22) (1.20%) 2 (0.11%) 17 (0.93%) 2 (0.11%)
Total Associates
2,019 (301) (14.91%) 52 (2.58%) 166 (8.22%) 55 (2.72%)
Men (128) 24 68 22
Women (173) (8.57%) 28 (1.39%) 98 (4.85%) 33 (1.62%)
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Boston Law Firm Diversity Numbers
2011 NALP Report — 35 Member Firms
African Mimi
2011 Hispanic LOOT Others
American American
Total Partners
1,775 (57) (3.21%) 14 (0.79%) 23 (1.30%) 16 (0.90%) (2.901,
Men (39) 12 ID 14
Women (18)(1.01%) 2 (0.11%) 13 (0.73%) 2 (0.11%)
Total Msociates
2,003 (300) (14.98%) 48 (2.40%) 178 (8.89%) 42 (2.10%) 32
Men (123) 24 67 20 12
Women (177) (13.84%) 24 (1.20%) 111 (5.54%) 22 (1.10%) 20
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"Meet the Boston Legal Industry's Newly Minted Partners"
• Reports that Boston's major law firms made 68 new partners
3 of 68 can be identified as minorities.
.eut.th,A
— One African American Male
One Asian American Male
— One Middle Eastern Male
Bosron Busmess Journal Repon' April 3, 2012
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12. 6/5/2012
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2012 NALP Report — Diverse Partners by City
400 •
•
MIm
350
il 11
• • • • • • •
• • •
1/0M
Boston Chicago ew 'tor n PrennsoLos Angeles San Jose !Jinni Seattle
3.21% 5.89% 566% 8.10% 11.79% 12.19% 14.61% 23,91% 8,47%
Diversity in Metropolitan Areas - 2010 Demographics — Racial/Ethnic
100%
75
50%
t liii
25
7111111111
Boston Chicago Now York D.C.San Los San Jose Miami Seattle
FrancHco Angeles
Kinder Institute for Urban Research & Hobby Center for Study of Texas 2010,
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Milken Institute Review Second Quarter 2012 9
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What Needs To Be Addressed
• Training and Experience Opportunities: Not the Same
• Minorities Must Be Better to Earn Respect and Opportunities
• The Business Case for Diversity: Reality or Wishful Thinking?
• Substantial Business Not Reaching Diverse Partners
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How Much Business Diverse Partners Received From Corporations in 2009
Diverse Partners Revenue Breakdown by
Business Received in 2009 Diverse Partners
66%
70% " $250,000 - $500,000 - $1,000,000 -
5500,000 $1,000,000 $5,000,000
60%
African Americans 13 12 2
Native Americans 0 0
a 40
Asian Pacific 3 3
g 0 Americans
2° Hispanic/Latino 6 2 0
10° T otal 22 5
0% 47
o. PRISON $101pOn - $2SOSISKO00 - ISOOANI,000 - KOWA. than $1.000,000
From 2011 Institute (or Incrusron ;n the Legal Profession Survey
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What Needs To Be Addressed
• Training and Experience Opportunities: Not the Same
• Minorities Must Be Better to Earn Respect and Opportunities
• The Business Case for Diversity: Reality or Wishful Thinking?
• Substantial Business Not Reaching Diverse Partners
• Diverse Partners Not Involved
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14. 6/5/2012
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Questions for the Audience
• What role can or should the BBA play?
• What role can or should ACC Northeast play?
• What impact does diversity have on Boston business community?
• What can individual attorneys do to make a difference?
How will a lack of diversity at the partner level hurt Boston-based
law firms?
What can law firms do to prepare for an increased focus on diversity in
law firm hiring decisions by Massachusetts companies?
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Next Steps
Leadership must come from corporate law departments and law firms.
Diverse attorneys cannot do it alone
Individual attorneys need to take action to network with and mentor
Boston's diverse attorneys
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