The Power in Uncertainty: Women In Law Take The Lead For Change and Fairness
“Being uncertain doesn’t mean you are powerless,” said Jami McKeon, chair of Morgan Lewis, the largest law firm in the world led by a woman.
Speaking on the recent online panel, “Building a Better Legal Profession: Diversity, Inclusion, Technology, and the Teams of Tomorrow,” co-sponsored by Take The Lead and University of Texas’ Center For Women in Law, McKeon said COVID-19 and the most recent protests and developments highlighting injustice in the past few weeks have changed the legal profession and practices—especially for women, particularly women of color.
“It is a great time to deal with uncertainty and be more comfortable with flexibility and change,” McKeon added.
Many on the panel agreed. “We pushed five years of change into 12 weeks,” said Patricia Lee Refo, president-elect of the American Bar Association and partner in Snell & Wilmer in Phoenix.
“What are the ethical differences for lawyers in a remote environment?” Refo asked. “And how do the ethics of how we raise up lawyers change if we are not physically in the same place?”
In the virtual discussion moderated by Emily Ramshaw, co-founder and CEO of The 19th, and former editor of The Texas Tribune, the five panelists including Refo and Rogers addressed the changes wrought by COVID-19 in the legal profession and how leaders can use the catalyst of the pandemic to become a stronger and more just profession, with a special focus on gender equity.
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The panel was in advance of the 50 Women Can Change The World In Law program launching later this year with Take The Lead, sponsored by Sherman & Sterling.
“This is a very difficult time in particular for African Americans with George Floyd’s death and all the other travesties that preceded it,” said Sandra Phillips Rogers, group vice president, chief legal officer, general counsel, chief diversity office and corporate secretary for Toyota Motor North America.
As teams work remotely, Rogers said, ironically, “I feel more connected to my teams than three months ago. I think when it comes to women, it is a wonderful time and opportunity to lead, to be inclusive, level-headed and compassionate and to bring people around the table.”
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Refo agreed. “This is an opportunity to be change agents. There is a clarity of vision brought to all of us in the confluence of these two emergencies. They give us the opportunity to move quickly and move with purpose to the change we want to be in our profession and in the world.”
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Scott Westfahl, professor of practice and director of Executive Education at Harvard Law School, said on the panel that as learning and the profession move to remote engagement, he offered the caveat: “The kind of people who get marginalized quickly may be more marginalized online.”
Lori Lorenzo, research and insights director of the Chief Legal Officer Program at Deloitte, said on the panel that the challenges for women colleagues are complicated when they have small children: “The continued increase of home based childcare can be a heavy burden for women.” It also leads to burnout, Lorenzo said.
Relying on teams is big at Toyota, said Rogers, and can lead to opportunities in technology innovation. “What if we never went back to the courthouse and never took a face to face deposition,” Rogers asked. “I see the opportunity for women to be at the front of this as pioneers.”
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Refo said that mentoring young lawyers is more difficult remotely because there is no randomly meeting in hallways or at the workplace. She added, “We have to be thoughtful about reopening if schools, camps and daycare are not open, then coming back to work is not an option.”
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Creating allyship at this time is particularly important, McKeon said. “We have an opportunity here, it is a moment we need to take advantage of and will benefit all women and historically underrepresented groups.”
Westfahl said this is a time “to look for bright spots.” It is also necessary to keep an eye on mission and purpose. “We don’t articulate meaning and purpose on a day-to-day level. Whenever making hard decisions, you have to ground them in core values.”
He added, “Every other profession does a much better job of saying what is the mission.”
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That mission needs to include diversity, inclusion and equity, McKeon said. “Diversity will fall less to the bottom this time as we have to be accountable.”
Rogers agreed. “Does anyone think firms, organizations can manage their way out of this social unrest without diversity at the table? As a business, community and world, we all have to work together to make this happen.”
And while the legal profession has made great progress in terms of diversity and inclusion, Refo said, “We have a long way to go. The pipeline leaks all the way through. We need male colleagues to work with us to accomplish this change.”
Lorenzo was pointed in her suggestion for three actions for “lawyers to take the lead.” Lorenzo said the first is to consider the work being done. “There are new ways to do work, so be an early adopter in technologies.” Secondly in the workforce, consider “do we have the opportunity to engage in new skillsets and new roles?” Third, Lorenzo said, “In the workplace we must create an environment that allows all those pieces to function.”
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Westfahl advised, “Be authentic. Be willing to be vulnerable and open about challenges. Tell the story of self, and why it matters.”
According to Refo it is imperative now to “use this moment to make yourself a better lawyer. Invest in additional involvement to advance your career in a diligent way.”
Sandra Bang, Shearman & Sterling Chief Diversity & Talent Strategy Officer, closed out the online event with a promise. “We can and will take action. We have a special responsibility.”