Twice as many lawyers who identify as LGBTQ+ worked at law firms in 2022, compared to a decade before; and the percentage of law firm associates who report having a disability more than doubled between 2020 and 2022, according to American Bar Association demographics.

Having a more diverse workforce, however, doesn’t guarantee everyone within a firm will feel welcome and involved.

“A lot ends up being focused on hiring and making sure we've got visual representation we can report to the client — which is not inclusion,” says Judy Hissong, CLM, PCC, President of strategic planning and leadership development service provider Nesso Strategies. “There are lots of very well-meaning, well-intended firms who are really just not [sure about] the best way to go about it.”

Finding out can be key, given the profound impact inclusivity can have on a firm’s culture — which can, in turn, influence retention, productivity and numerous other operational elements.

Culture, for instance, is the top factor law students consider when deciding where to interview and which offer to accept, outranking compensation, advancement opportunities and prestige, according to a report from the non-partisan Yale Law Women+ organization. 

ESTABLISHING AN INCLUSIVE STRUCTURE 

While a 2023 survey from Above the Law and Major, Lindsey & Africa found the majority of lawyers agree a diverse and inclusive workforce should be a priority for firms, 71% of attorneys of color said they feel law firm culture is inherently biased against diverse attorneys — and nearly 84% of female firm members believe law firm culture is biased against women.

“Inclusivity creates all kinds of innovation and diverse approaches to thought,” Hissong says. “Inclusivity allows all the voices to be heard in the room, which allows us to build the very best firm possible, instead of just the voices that are at the top. There's not going to be innovation without psychological safety.”

Leadership and committee composition can be a visible indication of whether a firm prioritizes inclusivity. Recent research, though, indicates that’s an area where the industry may be falling short.

“Inclusivity allows all the voices to be heard in the room, which allows us to build the very best per firm possible, instead of just the voices that are at the top. There's not going to be innovation without psychological safety.”

White male lawyers comprise the highest percentage of associates and equity and nonequity partners in firms — and are the most likely firm members to serve on compensation and governance committees, according to ABA’s most recent Model Diversity Survey.

As a result, they may play a significant role in inclusivity efforts — whose success tends to depend on the support the initiatives receive from the firm’s highest levels, according to Mauricio Velásquez, MBA, Founder and President of Diversity Training Group.

“Leaders need to lead,” Velásquez says. “Lead by example. Don’t just write a check; hold people accountable. Put metrics in place.”

To foster leadership-based inclusivity within committees, practice and other groups, Hissong suggests thoroughly examining how the firm determines who’ll be in the room when decisions are made.

“Do I have voices from all the ranks, titles that allow different viewpoints to be heard?” she says. “If I'm in charge of a meeting, can I be sure everybody in the room has had opportunity to speak? Which may involve [asking], ‘Hey Judy, we haven't heard from you yet; I know you've got great ideas. What are you thinking?’”

Seeing diverse employees advance can show the firm is committed to inclusion.

“My first partner just got appointed to the bench,” says Amanda DuBois, Founding Partner of DuBois Levias Law Group. “Some of our younger lawyers who are also South Asian aspire to move up in their career like that — and see that how supported [my first partner] Monica was when she was in our office.”

DuBois remembers feeling nervous when, as a relatively new lawyer working at a firm after law school, she’d need to ask a partner a question. The firm expected associates to primarily figure things out on their own; around 6:30 in the evening, its managing partner would roam the office to check who was working late.

“He jingled his keys — you could hear him jingling down the hall and [felt like you should] sit up straight and look busy,” DuBois says. “He would take notes on who was there — that was like leading by intimidation.”

She was determined to create a different type of culture when launching her family law firm. Brand new attorneys spend about a year working closely with a senior lawyer who provides daily guidance, which she feels helps the industry newcomers feel like part of the team.

“Leaders need to lead. Lead by example. Don’t just write a check; hold people accountable. Put metrics in place.”

“That helps build inclusivity because it's not really very hierarchical,” she says. “Everybody flourishes and does their best work when they feel like they matter. The clients are going to be best served if their lawyers feel supported.”

In recent years, the firm has hired a number of formerly incarcerated individuals — unbelievably loyal employees with unique skills, DuBois says, whose needs can sometimes differ from other firm members.

“They've been living under a very oppressive regime,” she says. “If they do something that looks like a mistake, they sort of have [a] trauma response like, ‘I'm going get in really big trouble.’”

In those instances, the firm’s leadership tries to be supportive and understanding — including, DuBois says, “educating the rest of the team that this person might need a little bit of grace.”

“If somebody is late, rather than saying, ‘Why weren't you here on time?’ [we’d say] ‘It happened; how can I support you?’” she says. “There might be an incident in their family — they're concerned they're going to lose their job if they have to leave work to go pick up their kid at school. It's giving people permission to realize that life happens,” DuBois says. 

INTERNAL AND EXTERNAL SUPPORT

Diversity, equity and inclusion has been a central tenet at Riley Safer Holmes & Cancila LLP since the national law firm’s founding, according to Managing Partner Patricia Brown Holmes.

Staff members, not just the firm’s litigators, trial and transactional attorneys are invited to social events; the firm’s business casual dress code, Holmes says, allows employees to be authentic in the workplace.

“Inclusion is all about making sure people feel at home and like they belong,” she says. “We call ourselves a family; we encourage people to bring their full selves to work — and that gives us a better product because people can be real.”

The firm also reaches out to ask employees if they’d be willing to help guide its approach in certain instances.

“I actually talk to folks when they first get hired [and say] ‘Hey, will you help us train people — help them understand Asian, [or] Black [or] gay issues?” Holmes says. “We may ask one of our LGBTQ+ folks, ‘Can you take a look at this ad? What would you change?’ — and they say, ‘You may not realize this, but the Pride flag has more colors in it now as a way of highlighting inclusivity and diversity.’ [Employees] don’t have to hide and get to participate; we get to do it the right way.”

RSHC also tries to work with minority-, veteran- and female-owned vendors who provide court reporting, purchasing and other services when possible. The firm has helped some obtain the city of Chicago’s M/WBE certification, Holmes says, designating the business has more than 50% ownership that involves a minority group member or woman, which can allow the vendor to apply for local and other government contracts.

“We've offered several of our vendors pro bono legal services to get them minority-certified,” she says. “It helps them get more work. We've had some who were not incorporated, and we helped them get set up as a legit business. It gives [firm members] a chance to see themselves [in the vendors we work with] — it also gives them a chance to know we're trying to help other people become successful.” 

MAINTAINING INCLUSIVITY

Employees’ sense of inclusion, like other aspects of a law firm’s culture, can change over time; checking in periodically to see how firm members feel can help leadership gauge if alterations need to be made.

Employee surveys RSHC has distributed have provided valuable feedback, according to Holmes.

“People have had an opportunity to comment, and then we take into account what those comments might be and try to figure out do we need to do additional programming, or maybe even just do additional explanations?” she says. “Maybe we need some personnel changes. There are a variety of tweaks we make as a result.” 

The firm didn’t directly ask how employees felt about diversity, she says.

“Inclusion is all about making sure people feel at home and like they belong .We call ourselves a family; we encourage people to bring their full selves to work — and that gives us a better product because people can be real.”

“We addressed it as, ‘How do you feel about the firm? What things can we do better? What don't you like?’” Holmes says. “The answers to those questions give you what you're looking for. You understand whether somebody feels included if they say something like, ‘I'm never asked to do X, Y and Z.’ They may say something like, ‘We need faster copiers.’ If it really is all about the copy machine, and not about your daily life, then the inclusion part is working.”

Conducting stay interviews — similar to the process some firms use when an employee has accepted a job with another employer but involving people who’ve worked at the firm for some time — is another option, Hissong says. She recommends trying to talk to at least 10% of the firm’s population annually.

“Ask them what they notice, what they think makes this a great firm — and really listen to their answers because some may be exclusion, not inclusion,” Hissong says. “Lots of organizations do exit interviews; the problem is that's too late.” 

Firms should aim to resolve any inclusivity issues that arise as quickly as possible, according to Velásquez.

“The best firms have a very clear culture,” he says. “It’s inclusive; it’s welcoming — and if there are issues, they talk about them and put a plan of action in place. Festering long-term issues is what destroys culture and trust.”

While employees may be pleased to hear their firm hopes to provide an inclusive environment, to ensure everyone feels truly welcome and respected, continuity is key.

“Culture, as a concept, is still fairly new in law firms,” Hissong says. “‘We value inclusivity’ might be a stated value — but you need to be living it. The disconnect causes people to leave.”

Other times, trauma comes from the very nature of the work. Many lawyers and legal support staff listen to harrowing stories their clients have gone through — stories of rape, abuse, murder and neglect. Those stories are vicariously felt throughout the trial and remain decades after not only for the client but for those handling the case.

“Even years later, I can think back on what a client told me, and I get chills. What she went through was awful and I listened to every detail,” says Charlene Cabral, an attorney with the Law Offices of Charlene D. Cabral. “We were both crying. Her story helped me work harder and fight for the justice she deserved. Her case and what happened to her was horrible but many of my cases are stories of heartbreak and trauma.”

So what can you do to support legal staff through trauma? And what are the signs?

First, it helps to understand what trauma is: It’s an emotional response to a disturbing, terrifying or life-threatening event. The event itself can lead to stress that dissipates over time. When the stress is severe and continues to linger, it can lead to post-traumatic stress disorder (PTSD). That said, not all trauma leads to PTSD.  

“Many people experiencing trauma will have an inability to concentrate as flashbacks and intrusive thoughts fill their minds. This can make focusing on work difficult.”

The National Institute of Mental Health defines PTSD as “a disorder that develops in some people who have experienced a shocking, scary or dangerous event.” The event itself may have you question if your life or the lives of others are in danger. Most people are familiar with PTSD as attributed to those who have experienced combat. Yet PTSD can happen to anyone who has experienced or witnessed a traumatic event like a death, a terrible car accident or domestic abuse. Life-threatening events such as natural disasters or sexual assault in childhood or as an adult can also lead to PTSD.

When stress levels rise during the event and are coupled with a lack of sleep — a frequent reaction — these factors can increase the likelihood of PTSD.

There are several types of trauma:

• Acute trauma happens when the event is sudden and severe and leads to immediate emotional distress. After six months of experiencing symptoms, it is then classified as post-traumatic stress syndrome.
• Chronic trauma occurs when there is an extended period where persistent stressors exist such as severe toxic work environments.
• Complex PTSD or CPTSD is categorized by more than one traumatic event within one’s lifetime or a prolonged series of events.
• Secondary trauma is caused when a person has indirect exposure to a traumatic event, such as hearing someone’s stories or witnessing a person’s strong emotions related to a traumatic event.

RECOGNIZING SYMPTOMS OF TRAUMA THAT AFFECT WORK

Many people experiencing trauma will have an inability to concentrate as flashbacks and intrusive thoughts fill their minds. This can make focusing on work difficult. People working exceptionally long hours or multiple jobs often do so to avoid focusing on the mental pain they experience.

Other symptoms include memory impairment and challenges with decision-making. Nightmares and insomnia are common symptoms that can lead people to feel groggy or fall asleep at work. A person may appear disengaged from the team when in fact they are exhausted. At times, people can have emotional outbursts and irritability that lead to poor relationships with co-workers, causing conflict in the workplace. Low-level aggression can create fear and mistrust. This can cause a negative company culture and low morale if gone unaddressed.

Fear, anxiety and depression may take hold and the person who experiences trauma is unable to express how they feel or hide their feelings and put up a front. Some people feel the effects somatically — they may experience pain like headaches or have gastrointestinal issues causing missed days at work.

“Trauma is something that someone goes through; it’s not who they are. It is an experience or a set of experiences that they’ve gone through and have had to endure and work through.”

All these issues lead to reduced productivity individually and companywide. Marni Chanoff, MD, Founder and Chief Executive Officer of Joy In Health says that people with PTSD may struggle in the workplace because “there is an internalization of the trauma they’ve experienced, that somehow their trauma informs how they see themselves. There can be challenges with esteem, confidence and even in a deeper way, inherently being able to trust themselves — trusting both within the environment and trusting co-workers can be quite challenging,” she says.  

WHAT CAN YOUR FIRM DO TO HELP?

It’s important to note that PTSD has mental and physical challenges that if untreated can have mental health consequences. If you, one of your staff members, or someone you know displays symptoms of trauma/PTSD, or if symptoms worsen, seek the advice of a qualified professional.

The following tips are meant to offer guidance on how to build a supportive work environment for legal staff:

1. Have an Employee Assistance Program (EAP) — and then encourage staff to use it. This vital resource provides a confidential channel to access and report traumatic incidents. Additionally, they can provide mental health resources to employees who have experienced a traumatic event and can assist in finding the right therapist. 
2. Make sure personal time off is available for medical and therapy appointments. These appointments chip away at personal time off, making employees hesitant to take time when needed to address health care concerns. Working with employees to manage time off and create flexible schedules permits important self-care appointments and will produce decreased absenteeism and increased productivity. 
3. Offer training on trauma that can support the entire office and provide ways to work with people who have experienced a traumatic event. Providing resilience-building programs will help employees cope with adversity and stress. This in turn fosters a culture that values and promotes well-being and mental health. 
4. Build an environment that welcomes open communication so employees feel comfortable voicing their experiences. Supervisors and leaders should demonstrate empathy and active listening to foster a sense of support and understanding. That said, wait for a person with a traumatic past to be ready to tell their story. Listen and respond with “I’m here for you”; “I’m sorry they hurt you”; “It’s not your fault”; and “I’m proud of you.” It is important to avoid discrediting the person and their experience. Your role is to support the person to get help and to create a safe work environment. 
5. Encourage an employee to seek treatment — it’s paramount to recovery. Be respectful of their process, take their lead and allow them to disclose as little or as much as needed. All the while being sure to hold confidentiality as it is their story to tell.

Beyond seeking professional help, self-care is of utmost importance, too. Offering workshops on practices like meditation, yoga and stress management can be crucial to helping colleagues work through trauma.

Knowing the signs of trauma and the symptoms of PTSD can help you determine the next steps to take in helping a co-worker. With empathy and compassion, you can be the guiding light that helps a co-worker or client through difficult times.

“Trauma is something that someone goes through; it’s not who they are. It is an experience or a set of experiences that they’ve gone through and have had to endure and work through,” says Chanoff. “[Trauma] can be extremely painful, hard and challenging, but a lot of growth, wisdom and strength that can come of it may be very beneficial to employers and other employees.” 

Conversations about mental health can be difficult to start. But just as CPR helps even those without clinical training to assist an individual having a heart attack, Mental Health First Aid (MHFA) prepares participants to interact with a person experiencing a mental health challenge or crisis. Mental Health First Aiders learn a five-step action plan that guides them through the process of reaching out and offering appropriate support. ALA offers this training from the National Council for Mental Wellbeing every quarter. Check your inbox for more details or visit alanet.org/mhfa.