2012 1 kevin e. clark. 2 what is driving diversity? 1.demographic changes. 2.heightened awareness of...

1Kevin E. ClarkKevin E. Clark

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What Is Driving Diversity?What Is Driving Diversity?

1.1. Demographic Changes.Demographic Changes.

2.2. Heightened Awareness of Companies’ Heightened Awareness of Companies’ Diversity Track Records.Diversity Track Records.

3.3. Globalization.Globalization.

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1.1. RecruitingRecruiting: “Where do we find qualified : “Where do we find qualified minority candidates?”minority candidates?”

2.2. HiringHiring: Straight Talk in Making the Pitch.: Straight Talk in Making the Pitch.

3.3. RetentionRetention: Stop the Revolving Door.: Stop the Revolving Door.

4.4. PromotionPromotion: Up or Out.: Up or Out.

5.5. AccountabilityAccountability: Incentivize with the Carrot, : Incentivize with the Carrot, the Stick or Both.the Stick or Both.

Diversity Within Corporate Diversity Within Corporate AmericaAmerica

Five Components:

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Diversity In Selecting and Retaining Outside Diversity In Selecting and Retaining Outside CounselCounsel

1.1. In-house lawyers are the most potent In-house lawyers are the most potent catalysts for change among lawyers catalysts for change among lawyers representing companies.representing companies.

2.2. Walk the walk in making these Walk the walk in making these decisions.decisions.

3.3. Don’t forget to empower minority Don’t forget to empower minority attorneys in awarding business.attorneys in awarding business.

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The Value of Diversity in Litigation and The Value of Diversity in Litigation and at Trialat Trial

1.1. Race still matters!Race still matters!

2.2. A diverse legal team has the potential to A diverse legal team has the potential to effectively connect with a broader array of effectively connect with a broader array of witnesses.witnesses.

3.3. A minority attorney A minority attorney maymay communicate more communicate more effectively with minority opposing counsel.effectively with minority opposing counsel.

4.4. In certain cases, a minority attorney will bring In certain cases, a minority attorney will bring unique advantages to counsel’s table as the unique advantages to counsel’s table as the face of the company.face of the company.

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The Value of Diversity in Litigation and The Value of Diversity in Litigation and at Trialat Trial

5.5. A diverse legal team has a greater ability to A diverse legal team has a greater ability to eliminate distractions at trial.eliminate distractions at trial.

6.6. But remember that diversity is a double-edged But remember that diversity is a double-edged sword.sword.

7.7. And do not ghettoize the minority attorney.And do not ghettoize the minority attorney.

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1.1. Minority Corporate Counsel AssociationMinority Corporate Counsel Associationhttp://www.mcca.comhttp://www.mcca.com

2.2. Leadership Council on Legal DiversityLeadership Council on Legal Diversityhttp://www.lcldnet.orghttp://www.lcldnet.org

3.3. DRI’s Diversity CommitteeDRI’s Diversity Committeehttp://www.dri.org/Committee?code=0440http://www.dri.org/Committee?code=0440

4.4. The National Bar Association’s Commercial Law SectionThe National Bar Association’s Commercial Law Sectionhttp://www.nbacls.comhttp://www.nbacls.com

5.5. American Bar Association’s Commission on Racial and Ethnic American Bar Association’s Commission on Racial and Ethnic Diversity in the ProfessionDiversity in the Professionhttp://www.americanbar.org/groups/diversity/racial_ethnic_diversity.htmlhttp://www.americanbar.org/groups/diversity/racial_ethnic_diversity.html

6.6. American Bar Association’s Minority Trial Lawyer CommitteeAmerican Bar Association’s Minority Trial Lawyer Committeehttp://apps.americanbar.org/litigation/committees/minority/about.htmlhttp://apps.americanbar.org/litigation/committees/minority/about.html

Diversity ResourcesDiversity Resources

8Kevin E. ClarkKevin E. Clark