Separate But Equal

Four initiatives equally important to the landscape of growth and profitability have for the most part remained separate programs within the scope of law firm planning. These initiatives have been the subject of scrutiny within the legal profession while being included as the criteria and methodology on many lists including The American Lawyer's “A” List. Diversity, pro bono, recruiting and marketing comprise the newly minted platinum, gold, silver and bronze best practices standard for today's law firms. Add to the mix client service and relations and you have the makings of growth and profitability. In this article I will introduce you to an aligned architecture where diversity, pro bono, recruiting and marketing create the “perfect” law firm.

To begin, we need to take into consideration the commonality or thread that contributes to creating this alignment. This, of course, refers to the culture of the firm, one in which everyone participates and there is little or no organizational friction. Without this, the initiatives we are discussing here cannot take shape or succeed.

Overview of Four Initiatives

Diversity

Much has been written about the importance of diversity, but few law firms understand how to approach this important initiative other than by administering human resources and recruiting programs that enhance their “scorecard” numbers. This methodology is shortsighted and, per usual for law firm management, is a knee-jerk reaction to a problem that has caused the legal profession a good deal of consternation. While Corporate America has embraced diversity at many levels, most law firms have yet to understand its importance or implications.

Pro Bono

Of late there has been a significant downturn in the commitment of law firms to pro bono work. This is in large part due to the demands on billable hours for associates and partners that tie hours to compensation and bonus. When it comes right down to it, law firms should be the bedrock of the pro bono movement. Throughout the country, Legal Aid programs are in dire straits because there are not enough lawyers to meet the needs of those who cannot afford representation. Something is wrong ' very wrong ' and no statistic of hours per lawyer or percentage of lawyers with more than 20 hours of pro bono time can make a case for what's right with a profession whose commitment to helping others is the centerpiece of their lives from the first day they are admitted to practice.

Recruiting

While on-campus recruiting is still a mainstay of many of the larger law firms, lateral recruiting has become an important focus for mid-sized and smaller firms where clients have all but refused to pay for training of young associates, research and drafting of documents. Law firms have been forced to absorb the costs of training associates and for the mid-sized and smaller firms, many have all but abandoned on-campus recruiting; instead opting for lateral hiring where there is at least the guarantee of new business and potential for growth and business development.

Marketing

Of the four initiatives, marketing is the most controversial and is still, after close to 15 years, winding its way through the maze of professional service acceptance. For this author, it is as ' if not more ' important than the other three initiatives. It provides the “blueprint” that will enable diversity, pro bono and recruiting to align themselves to form a structured architecture that will enable law firms to become both more proactive and profitable. Simply stated and to paraphrase: “If you don't build it, no one will come.” If you cannot go out on the road with your initiatives in hand, whether visual or verbal, then you have little hope of fostering external communication to reinforce and promote your programs. What's more, you will be unable to get the “buy in” from your constituencies ' namely, clients, potential clients, referral sources, laterals and students.

Creating the Architecture: Leading by Example

To begin creating the architecture, we start with marketing. Marketing is the initiative that can define and promote how diversity, pro bono and recruiting work in an aligned structure. The first step is to have a mission statement that defines each of these initiatives. A great example of a firm that has developed a clearly defined mission for its diversity and pro bono programs is Davis Wright Tremaine (DWT). Their annual “Managing Partners Report on Diversity” (see, www.dwt.com/images/2003_MPDiversityReport.pdf) and “Pro Bono Report” (see, www.dwt.com/pro_bono/2003_ProBonoReport.pdf) reflect an understanding of the importance that diversity and pro bono play in their ultimate success as it relates to their clients and their ability to recruit both at the law school level and not surprisingly at the lateral level. As I read through both of these reports, I was struck by the layers of detail that DWT has created to convey and reinforce the fact that the firm understands and supports diversity and pro bono. While the firm ranked 75th in The American Lawyer 200 Pro Bono Commitment chart for fiscal 2003, it is ' at least in my opinion ' a firm that is on its way to creating a blueprint for modeling the ideal schematic for success by combining its diversity, pro bono, recruiting and marketing initiatives. DWT has been recognized for its achievements in pro bono by receiving many awards for its service, among them the Oregon Sate Bar Pro Bono Challenge Award in the large law firm category for providing the most hours per attorney for legal services to the poor. Their 2003 total was more than 3,000 hours. On the diversity side, DWT has formed the PRISM group that is “committed to increasing the number of attorneys from diverse backgrounds in the firm.” In keeping with developing a defined architecture, DWT has aligned these initiatives with its recruiting efforts in a program that has instituted a diversity scholarship program for first year associates. The firm also participates in several minority clerkship programs.

DWT has adopted strategic objectives that wrap around recruitment, retention, cultural competency and communication. In addition, much like its client, Starbucks' Supplier Diversity Program (see, www.starbucks.com/aboutus/sup_div.asp), DWT is establishing vendor policies “designed to increase the number of women and minority business owned enterprises from which DWT purchases products and services.” This firm has thus taken its place as one that demonstrates a commitment to building an architecture that utilizes marketing in a positive way to convey and promote its diversity, pro bono and recruiting programs.

Developing the Blueprint to
Create the Aligned Architecture

Let's explore the components of how to achieve this blueprint. I mentioned above that marketing is the starting point in developing the alignment of the initiatives in question. Marketing is the area of the firm that can “vision” the creation and promote the initiatives. It can do this in a number of ways, the most obvious of which is by communicating the initiatives ' whether in print or by lectures, sponsorships or involvement in programs with clients. Just for a moment, let's take a look at how clients can help with the marketing of pro bono, diversity and recruiting. I think it is fair to say that clients can “steer” certain initiatives especially if they believe, as most do, that they are more inclined to work with outside counsel who embrace their ideologies. Most of Corporate America “gets it” when it comes to diversity, doing good for others and recruiting. Recently, I had the pleasure of being involved with the American Bar Association's Managing Partners/General Counsel Leadership Summit that took place in New York City this past May. Most of the sessions at this conference focused on devising and implementing strategies and measurements for meeting client expectations concerning diversity as well as ensuring that women and minorities attain positions of leadership and influence. Many of the speakers included general counsels of companies like Starbucks, Sears Roebuck, Pfizer and Sara Lee. Here was a forum for discussion that was for all intensive purposes a marketing opportunity to showcase diversity and to take law firms through the process of developing a strategy for success. It also posed questions and formulated answers regarding recruiting and pro bono as important programs that can impact a firm's ability to being selected as outside counsel. What could be more on point or compelling. More than ever before clients are looking at their outside counsel's records on pro bono and diversity. They are also watching very closely who law firms recruit as both associates and lateral hires. And finally, clients are asking their outside counsel to partner with them on these initiatives.

Leadership

At this point, we need to mention leadership. The true aligned architecture that I speak of must have leadership that embraces the following attributes:

• Vision;
• A focus on shared goals;
• Communication; and
• Collaboration.

The idea that law firm leaders need not be at the helm of these initiatives can only mean that it will be doomed to fail. The chair or managing partner of a firm must be a proponent of the causes and must be involved in every aspect of promoting the initiatives. In the case of creating this particular blueprint, management serves as the “project leader” or lead architect. Leadership can set the tone for the institution of these initiatives and is in the enviable position of selecting others in the firm who can also promote and develop the actual initiatives. And yes, there should be a chair for each initiative ' diversity, pro bono, recruiting and marketing ' who meet once a month, with the directors of these initiatives to ensure that they are working together to develop the blueprint, and also to make certain that these individuals are in a positions that enable them to have a voice in implementing the programs to achieve the intended result.

From Blueprint to Implementation

The diversity program calls for creating an environment that encourages, recognizes and respects all views and has a mission of supporting shared goals. It is an environment that communicates its ideas and develops its programs in a collaborative way. It prides itself on mentoring and nurturing its associates and new partners, whether they are home grown or brought in through lateral acquisition. The diversity program that Davis Wright Tremaine implemented calls for, among other initiatives, adopting a policy of creating opportunities to hire outstanding attorneys from traditionally underrepresented communities; improving mentoring; supporting organizations and holding events that are created to embrace diversity; and creating a committee that has the responsibility for expanding recruiting efforts to reach out to underrepresented groups. The plan also calls for the sharing of information with key clients to better identify opportunities.

Pro bono programs much like diversity call upon the creation of a plan that embraces doing good, whether it is directly through legal aid organizations, civic organizations or the corporate community. It is another initiative that calls upon law firms to reach out to their key clients for guidance and partnering. It crosses all departments within the firm and at its best is headed by someone who has an outstanding record as someone who has been committed to serving the public good.

Recruiting can reap the harvest of pro bono and diversity initiatives that work. Through marketing, the achievements of diversity and pro bono programs can be highlighted to students in on-campus interviewing and to lateral hires. I personally believe that one of the criteria for the candidacy of any lateral should not only be the business that they bring to the firm, but that they have demonstrated in a real way that they are committed to diversity and have a better than average record on pro bono. Law firm recruiting programs require a plan that provides for institutionalizing diversity and pro bono initiatives as part of its ongoing effort to attract the best and the brightest.

The Profitability 'Insurance Policy' and
the 'Perfect' Law Firm

Most firms strive to up their profits each year, but many of them do not understand the reality of what it takes to get there. The architecture described above requires at its core the creation and implementation of a structure that supports diversity, pro bono, recruiting and marketing to affect ' in a positive sense ' culture, client retention, business development and overall operational excellence. If these quadrants dovetail optimally, with all of the initiatives rowing in the same direction, profitability is almost guaranteed.

Those firms that develop and implement this “perfect” law firm architecture and continue to build on it will define the next generation of successful institutions.

Editors Note: Early in 2005, Law Journal Newsletters' Web Audio Conference Division will present a special event conference focusing on the program described in this article. Davis Wright Tremaine will be part of this conference.

Four initiatives equally important to the landscape of growth and profitability have for the most part remained separate programs within the scope of law firm planning. These initiatives have been the subject of scrutiny within the legal profession while being included as the criteria and methodology on many lists including The American Lawyer's “A” List. Diversity, pro bono, recruiting and marketing comprise the newly minted platinum, gold, silver and bronze best practices standard for today's law firms. Add to the mix client service and relations and you have the makings of growth and profitability. In this article I will introduce you to an aligned architecture where diversity, pro bono, recruiting and marketing create the “perfect” law firm.

To begin, we need to take into consideration the commonality or thread that contributes to creating this alignment. This, of course, refers to the culture of the firm, one in which everyone participates and there is little or no organizational friction. Without this, the initiatives we are discussing here cannot take shape or succeed.

Overview of Four Initiatives

Diversity

Much has been written about the importance of diversity, but few law firms understand how to approach this important initiative other than by administering human resources and recruiting programs that enhance their “scorecard” numbers. This methodology is shortsighted and, per usual for law firm management, is a knee-jerk reaction to a problem that has caused the legal profession a good deal of consternation. While Corporate America has embraced diversity at many levels, most law firms have yet to understand its importance or implications.

Pro Bono

Of late there has been a significant downturn in the commitment of law firms to pro bono work. This is in large part due to the demands on billable hours for associates and partners that tie hours to compensation and bonus. When it comes right down to it, law firms should be the bedrock of the pro bono movement. Throughout the country, Legal Aid programs are in dire straits because there are not enough lawyers to meet the needs of those who cannot afford representation. Something is wrong ' very wrong ' and no statistic of hours per lawyer or percentage of lawyers with more than 20 hours of pro bono time can make a case for what's right with a profession whose commitment to helping others is the centerpiece of their lives from the first day they are admitted to practice.

Recruiting

While on-campus recruiting is still a mainstay of many of the larger law firms, lateral recruiting has become an important focus for mid-sized and smaller firms where clients have all but refused to pay for training of young associates, research and drafting of documents. Law firms have been forced to absorb the costs of training associates and for the mid-sized and smaller firms, many have all but abandoned on-campus recruiting; instead opting for lateral hiring where there is at least the guarantee of new business and potential for growth and business development.

Marketing

Of the four initiatives, marketing is the most controversial and is still, after close to 15 years, winding its way through the maze of professional service acceptance. For this author, it is as ' if not more ' important than the other three initiatives. It provides the “blueprint” that will enable diversity, pro bono and recruiting to align themselves to form a structured architecture that will enable law firms to become both more proactive and profitable. Simply stated and to paraphrase: “If you don't build it, no one will come.” If you cannot go out on the road with your initiatives in hand, whether visual or verbal, then you have little hope of fostering external communication to reinforce and promote your programs. What's more, you will be unable to get the “buy in” from your constituencies ' namely, clients, potential clients, referral sources, laterals and students.

Creating the Architecture: Leading by Example

To begin creating the architecture, we start with marketing. Marketing is the initiative that can define and promote how diversity, pro bono and recruiting work in an aligned structure. The first step is to have a mission statement that defines each of these initiatives. A great example of a firm that has developed a clearly defined mission for its diversity and pro bono programs is Davis Wright Tremaine (DWT). Their annual “Managing Partners Report on Diversity” (see, www.dwt.com/images/2003_MPDiversityReport.pdf) and “Pro Bono Report” (see, www.dwt.com/pro_bono/2003_ProBonoReport.pdf) reflect an understanding of the importance that diversity and pro bono play in their ultimate success as it relates to their clients and their ability to recruit both at the law school level and not surprisingly at the lateral level. As I read through both of these reports, I was struck by the layers of detail that DWT has created to convey and reinforce the fact that the firm understands and supports diversity and pro bono. While the firm ranked 75th in The American Lawyer 200 Pro Bono Commitment chart for fiscal 2003, it is ' at least in my opinion ' a firm that is on its way to creating a blueprint for modeling the ideal schematic for success by combining its diversity, pro bono, recruiting and marketing initiatives. DWT has been recognized for its achievements in pro bono by receiving many awards for its service, among them the Oregon Sate Bar Pro Bono Challenge Award in the large law firm category for providing the most hours per attorney for legal services to the poor. Their 2003 total was more than 3,000 hours. On the diversity side, DWT has formed the PRISM group that is “committed to increasing the number of attorneys from diverse backgrounds in the firm.” In keeping with developing a defined architecture, DWT has aligned these initiatives with its recruiting efforts in a program that has instituted a diversity scholarship program for first year associates. The firm also participates in several minority clerkship programs.

DWT has adopted strategic objectives that wrap around recruitment, retention, cultural competency and communication. In addition, much like its client, Starbucks' Supplier Diversity Program (see, www.starbucks.com/aboutus/sup_div.asp), DWT is establishing vendor policies “designed to increase the number of women and minority business owned enterprises from which DWT purchases products and services.” This firm has thus taken its place as one that demonstrates a commitment to building an architecture that utilizes marketing in a positive way to convey and promote its diversity, pro bono and recruiting programs.

Developing the Blueprint to
Create the Aligned Architecture

Let's explore the components of how to achieve this blueprint. I mentioned above that marketing is the starting point in developing the alignment of the initiatives in question. Marketing is the area of the firm that can “vision” the creation and promote the initiatives. It can do this in a number of ways, the most obvious of which is by communicating the initiatives ' whether in print or by lectures, sponsorships or involvement in programs with clients. Just for a moment, let's take a look at how clients can help with the marketing of pro bono, diversity and recruiting. I think it is fair to say that clients can “steer” certain initiatives especially if they believe, as most do, that they are more inclined to work with outside counsel who embrace their ideologies. Most of Corporate America “gets it” when it comes to diversity, doing good for others and recruiting. Recently, I had the pleasure of being involved with the American Bar Association's Managing Partners/General Counsel Leadership Summit that took place in New York City this past May. Most of the sessions at this conference focused on devising and implementing strategies and measurements for meeting client expectations concerning diversity as well as ensuring that women and minorities attain positions of leadership and influence. Many of the speakers included general counsels of companies like Starbucks, Sears Roebuck, Pfizer and Sara Lee. Here was a forum for discussion that was for all intensive purposes a marketing opportunity to showcase diversity and to take law firms through the process of developing a strategy for success. It also posed questions and formulated answers regarding recruiting and pro bono as important programs that can impact a firm's ability to being selected as outside counsel. What could be more on point or compelling. More than ever before clients are looking at their outside counsel's records on pro bono and diversity. They are also watching very closely who law firms recruit as both associates and lateral hires. And finally, clients are asking their outside counsel to partner with them on these initiatives.

Leadership

At this point, we need to mention leadership. The true aligned architecture that I speak of must have leadership that embraces the following attributes:

• Vision;
• A focus on shared goals;
• Communication; and
• Collaboration.

The idea that law firm leaders need not be at the helm of these initiatives can only mean that it will be doomed to fail. The chair or managing partner of a firm must be a proponent of the causes and must be involved in every aspect of promoting the initiatives. In the case of creating this particular blueprint, management serves as the “project leader” or lead architect. Leadership can set the tone for the institution of these initiatives and is in the enviable position of selecting others in the firm who can also promote and develop the actual initiatives. And yes, there should be a chair for each initiative ' diversity, pro bono, recruiting and marketing ' who meet once a month, with the directors of these initiatives to ensure that they are working together to develop the blueprint, and also to make certain that these individuals are in a positions that enable them to have a voice in implementing the programs to achieve the intended result.

From Blueprint to Implementation

The diversity program calls for creating an environment that encourages, recognizes and respects all views and has a mission of supporting shared goals. It is an environment that communicates its ideas and develops its programs in a collaborative way. It prides itself on mentoring and nurturing its associates and new partners, whether they are home grown or brought in through lateral acquisition. The diversity program that Davis Wright Tremaine implemented calls for, among other initiatives, adopting a policy of creating opportunities to hire outstanding attorneys from traditionally underrepresented communities; improving mentoring; supporting organizations and holding events that are created to embrace diversity; and creating a committee that has the responsibility for expanding recruiting efforts to reach out to underrepresented groups. The plan also calls for the sharing of information with key clients to better identify opportunities.

Pro bono programs much like diversity call upon the creation of a plan that embraces doing good, whether it is directly through legal aid organizations, civic organizations or the corporate community. It is another initiative that calls upon law firms to reach out to their key clients for guidance and partnering. It crosses all departments within the firm and at its best is headed by someone who has an outstanding record as someone who has been committed to serving the public good.

Recruiting can reap the harvest of pro bono and diversity initiatives that work. Through marketing, the achievements of diversity and pro bono programs can be highlighted to students in on-campus interviewing and to lateral hires. I personally believe that one of the criteria for the candidacy of any lateral should not only be the business that they bring to the firm, but that they have demonstrated in a real way that they are committed to diversity and have a better than average record on pro bono. Law firm recruiting programs require a plan that provides for institutionalizing diversity and pro bono initiatives as part of its ongoing effort to attract the best and the brightest.

The Profitability 'Insurance Policy' and
the 'Perfect' Law Firm

Most firms strive to up their profits each year, but many of them do not understand the reality of what it takes to get there. The architecture described above requires at its core the creation and implementation of a structure that supports diversity, pro bono, recruiting and marketing to affect ' in a positive sense ' culture, client retention, business development and overall operational excellence. If these quadrants dovetail optimally, with all of the initiatives rowing in the same direction, profitability is almost guaranteed.

Those firms that develop and implement this “perfect” law firm architecture and continue to build on it will define the next generation of successful institutions.

Editors Note: Early in 2005, Law Journal Newsletters' Web Audio Conference Division will present a special event conference focusing on the program described in this article. Davis Wright Tremaine will be part of this conference.