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COLUMN BarJournal

JULY/AUGUST 2015

Promoting diversity by

understanding teddy’s

journey and the memo

One Lawyer Can Make A Difference Marlon A. Primes From the President

ur annual diversity issue of affirmative steps to make sure opportunities and the leaders of practice groups, who invest
the Cleveland Bar Journal for legal employment are available for all tremendous amounts of time, money, and
gives our legal profession attorneys, irrespective of their race, color, resources training attorneys. Those leaders
an excellent opportunity sex, disability, religion, or sexual orientation. are surely concerned about the possibility
O to reflect on our country’s Legal employers must constantly examine that unconscious bias affects the evaluation
progress in removing many, but not all, their hiring and retention policies to of attorneys of color — unconscious bias that
barriers faced by attorneys of color. It also ensure they are inclusive and free of all can lead young attorneys of color to leave
reminds us that our community will prosper inappropriate barriers. firms and legal employers. Their exodus and
if we continue to take steps to promote Legal employers should also resist the the consequent revolving door of attorneys
diversity and inclusion of all attorneys. temptation to categorize Teddy’s story as of color can make it more difficult to attract
One of the best ways I can describe the a relic of the past that existed before the and retain talented attorneys of color in
importance of diversity is by recounting my passage of the 1964 Civil Rights Act, which the future.
interaction with Teddy Rice, who was a senior banned discriminatory hiring practices. A The important discussion of diversity
attorney at the Dayton Legal Aid Society relatively recent article in the American Bar should not only focus on these challenges,
(DLAS) when I served as an extern at DLAS Association Journal details a prominent legal but diversity advocates must also discuss how
during spring break of my senior year at Ohio consulting firm’s experiment in which it we can move forward as a legal profession.
University. Teddy was extremely kind and analyzed unconscious racial bias in the legal As I noted in my February column located
encouraging during my externship, but he profession more than 50 years after Teddy’s at CleMetroBar.org/President, our bar
told me a story that shook me to my young graduation from law school. The consulting association has attempted to meet that
and naive core. Teddy explained when he firm created a hypothetical memorandum challenge by signing a historic memorandum
was in law school at Ohio State University in of law that they intentionally sprinkled with of understanding with the presidents of the
the 1960s, the dean once asked to meet with legal, factual, and grammatical errors (http:// local bar associations of color representing
Teddy and the other few African-American bit.ly/ABAJournal2014). The consulting the African-American, Hispanic, Asian-
law students. According to Teddy, the dean firm told one group of law partners a white American, and South Asian-American
explained there were few opportunities associate wrote the memorandum, and they communities. We will assist the bars of color
for African-American attorneys in the told another group of partners an African- with storage space, modest administrative
legal profession because many law firms, American associate wrote it. The results were support, and the use of our mailing address.
government entities, and other legal startling and demonstrate unconsious bias. A In turn, they will help diversify our bar
employers simply were not hiring attorneys large percentage of the partners did not notice association and help our firms and legal
who looked like them. I gasped and tried to the white associate’s errors, but they caught employers identify qualified attorneys of color.
empathize with Teddy for having to endure and often magnified the African-American Because our local bars of color have state,
such a horrible experience. However, Teddy associate’s errors. In fact, the law partners regional, and national networks, they will
explained that he and the other African- said the African-American associate’s work also present valuable mentoring opportunities
American students were not angry about the was average at best and needed a lot of work. to help retain attorneys of color in our city.
encounter. They actually appreciated being Meanwhile, the partners emphasized the For further information, please contact Mary
told the realities of the legal profession and potential of the white associate, who received Groth at mgroth@clemetrobar.org.
valued the dean’s warning about what they an average score of 4.1 out of 5. Unfortunately, I have lost contact with
would likely face after graduation. Those findings are not surprising to many Teddy over the years, but I understand
Achieving authentic diversity in the field attorneys of color because they reflect our from a good source that he retired long
of law means making a commitment to reality of having a different performance ago. Although Teddy’s remarkable discussion
move far beyond Teddy’s experience in law standard than our peers. The experiment with his law school dean in the 1960s is a
school, acknowledge our history, and take also has implications for managing partners distant memory, we can work together to
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