Ego and insecurity hinder diversity

Young and diverse lawyers do not come to mind when thinking of a courtroom scene where the stakes are high and the lawyers are well paid. We imagine older, established counsel arguing the case, and clients expect to have the most experienced attorney at the lectern. With the preference deeply-ingrained for senior attorneys, few others have the experience of arguing in court. This perpetuates the success of a non-diverse group of attorneys who bring in the work and handle it in court, leaving no opportunity for anyone else to fill the gap after they are gone.

The Los Angeles Superior Court and bar organizations are addressing the lack of diversity in our profession through the Diversity Inclusion Working Group. The group changed the rules of practice in Los Angeles to allow more than one attorney per side to argue a matter. New local rule 3.47 and amended rule 3.93 implement that change. Allowing for multiple counsel provides an opportunity for less experienced attorneys to perform trial functions alongside a senior level attorney.

That step should be followed by courts encouraging young and diverse members of the team to take the lead. If the court expects associates to participate, senior partners can tell the client that trial strategy must include time on the record for the youngest and most diverse attorneys to argue points or handle witnesses. This will overcome one of the greatest barriers to giving less experienced attorneys a chance – the fear that a mistake will be made or that the attorney will underperform, leading the client to blame the firm. But if the court has a preference for all attorneys on the team to participate, the senior partner has coverage for the decision to include them. It alleviates the insecurity of firm leadership in giving less experienced attorneys a chance.

Perhaps the greatest threat to allowing others to rise up in the profession is the ego of senior partners who think they are the best, and do not want to take the risk of being shown up. Years in practice or title do not equate to skill. The younger attorney may be hungry enough to work harder, and probably knows the details better than the senior. The diverse attorney may see things that others do not. These underrepresented attorneys may be the strongest members of the trial team.

Investing in young and diverse attorneys is the best decision a firm can make. Without that work, the firm cannot grow and no one qualified will be there to take over. Following the same path will lead the profession to look nothing like the population we serve. Changing the rules of practice, as the Diversity Inclusion Working Group has started, is our way to break the mold and create a vibrant community of attorneys.