Diversity and Inclusion: A Perspective from a Brazilian IP law firm
To better understand this article, we must start with a simple question: What is diversity and inclusion.
Diversity is what makes us different, for instance race, gender, sexual orientation, age, or religion; and inclusion is what makes a diverse group feel comfortable and able to show its “true self” in a certain environment (ideally, in all environments!) and still feel accepted and included.
Nowadays, diversity and inclusion is an important business objective for many law firms around the world. This is partially because, as research confirms, law offices were traditionally work environments dominated by white males. Research has also found that many large law firms have disappointing diversity records and even worse records on inclusion.
On the other hand, studies have demonstrated that gender, ethnic, sexual orientation, and cultural diversity, are correlated to a higher financial performance of businesses. In other words, diversity may increase sales revenue by turning diverse companies more profitable.
So, focusing in diversity and inclusion is a win-win situation: it is the right thing to do socially and from a business perspective. These are compelling arguments to partners that question the importance of changing the firm's culture.
Most reputable law firms around the world have adopted diversity and inclusion programs, embracing this contemporary view of both economic and social benefits of such a path.
In Brazil, a research undertaken by the Center for Studies of Labor Relations and Inequalities (CEERT) – conducted alongside the Legal Alliance for Racial Equity and São Paulo-based global law school FGV Direito SP – found that only 19% of law firm employees were black (10% of this number identified as women and 9% as men). At a senior level, 11% of white employees within firms were partners but only 1% were black. These numbers were collected from nine of Brazil’s leading law firms, which are all members of the Legal Alliance for Racial Equity. The data was gathered in November 2018 and the findings were presented in March 2019.
Our Country has to deal with its historical past, which led to widespread exclusion. This has had a direct impact on our current work reality and today it is important that this historical perspective is taken into consideration.
As an example, the requirement of language is still a barrier in many positions, so law firms should try to overcome it by offering English courses for suitable candidates (when applicable) – always taking in mind that many candidates are fully capable but never had the opportunity to learn a foreign language.
In addition, the very lack of participation in law firms makes students from minority groups believe they are not welcomed in these environments, so HR should design a hiring process where candidates from minorities know and understand that a welcoming (and inclusive) atmosphere exists. In order to fight these challenges, there is a need for action from leadership down, as well as involvement of law schools.
IP law firms are unique places as they are faced with intensive international exposure as part of its daily work routine. This leads to a favorable environment for diversity and inclusion. When making a case to higher management for the need to have visible diversity, a simple strategy is to remind them that the firm deals with clients not only in Brazil, but from across the world, so the requirement for diversity comes in part from our own business needs.
When the decision of taking this matter seriously is made, the first step should be to create an internal committee tasked with diversity research in the first place, in order to understand the reality of the firm. Once the numbers and figures are revealed, it is possible to create metrics and an action plan. With such plan in place, the firm will be able to implement measures and evaluate the results.
Having the diversity committee working with HR and Marketing departments is an important way to ensure that communication is aligned and is moving in the right direction.
In view of the growing trend of clients requiring a diversity and inclusion program, firms must be aware that these changes should be genuine and effective. Only by achieving true impact in the firm's culture will it meet the client's requirements.
In that regard, we are proud to share that our law firm´s workforce reflects a range of diverse and multicultural backgrounds and we are committed to treat the different and diverse perspectives with respect and dignity. We work as one team regardless of any difference. Our internal data reveals that our workforce is formed of 60% female and 40% male. Furthermore, we are partnering with organizations and associations that are engaged in the development and management of projects and strategies for the inclusion and promotion of diversity in the labor market.
In Brazil (São Paulo State) particularly, there is a successful program named “Projeto Incluir Direito” (inclusion in the legal career project). This project was composed by seven of the biggest law firms which decided to hire a number of students still at law school and provide them with a range of classes varying from English to law firm protocol/etiquette, so that students would not feel intimidated when faced with a new environment.
After that, students were sent for internship interviews in the very same law firms. The program had a high success rate and should be taken as a model to be implemented in others Brazilian states.
Moreover, the Brazilian organization CESA (private society for law firms) provides the following best practices for Diversity and Inclusion:
- Define the purpose of diversity and inclusion or your business and program structure
- Remember, building a diverse and inclusive environment is a journey
- Map and diagnose the diversity present in your organization
- Establish priorities and partnerships
- Set achievable performance goals
- Create and review internal codes, standards, and policies
- Stakeholder mapping, training and communicating - good diversity and inclusion practices need to involve all office employees and must be shared with all stakeholders so that they can influence and promote change. In this way, we can encourage suppliers, local community and customers to be part of the established project and involve:
• Suppliers: promote diversity and inclusion in your value chain and favor suppliers who share these practices directly and indirectly.
• Community: sponsor events and associations in your local community, in schools, in universities – events that reinforce respectful and non-discriminatory behavior among people.
• Customers: share the initiatives of your diversity and inclusion program, maintain strong dialogue with your customers to exchange ideas and encourage them to also seek suppliers highly committed to the concept of diversity and inclusion.
• Internal audience: transparent communication and continuous training is the key to the engagement with diversity and inclusion. Obtain a strong commitment from higher management/leadership.
To conclude, all law firms should pay particular attention to diversity and inclusion programs. They are not only desirable, but also necessary for any firm that wants to deliver innovative solutions to clients. Diversity and inclusion is more of an art than a science. It must be an ongoing priority of the organization and constantly measured in order to be effective.
Fonte/Source: Lexology https://www.lexology.com/library/detail.aspx?g=4035ecf9-3e56-40e8-8f2d-b97c45308ee1
