December 2007

In early November, the Minority Corporate Counsel Association (MCCA) held its 8th Annual Creating Pathways to Diversity® Conference in New York City. The theme this year was “Diverse Backgrounds ● Complementary Ideas ● One Focus.” The conference was lengthened this year to one and a half days to be able to provide all the programs and sessions previous attendees have requested. And it was obvious from the high number of registrations that this was exactly what this year’s attendees wanted.

As in past years, the conference provided practical tools and resources that all attorneys need to further personal career growth and also meet organizational diversity goals. There were sessions in each of five tracks: law firms, law departments, professional development, marketing diversity and research studies. Many sessions had “standing room only.”

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As always a highlight of the conference was the Call to Action Luncheon program. This was the third anniversary look at the Call to Action and the Law Firm Diversity Programs. The panel was moderated by MCCA Executive Director, Veta Richardson. Rick Palmore, Executive VP, General Counsel and Secretary of Sara Lee Corporation, who launched the Call to Action, was on hand to update the audience on the movement within the general counsel community to increase the diversity of in-house counsel staffs. Joining him on the panel were Jim Diggs, Senior VP, General Counsel and Secretary of PPG Industries, Inc. and Samer Hamadeh, Co-Founder and Chief Executive Officer of Vault Inc. Jim led the development of an annual survey of diversity programs at the nation’s top law firms, and together with Vault, MCCA collects and analyses the survey responses. They reported on the continuing development and inclusion of the survey questions and the 33% growth in law firm responses since the first survey was sent out in 2004.

Unlike many conferences that seem to gradually wind down by the ending programs, this conference ended with a flourish in a rousing panel discussion. The past two years have seen the publication of a number of papers alleging that the practices engaged in by law firms to promote diversity are actually detrimental to achieving those same goals; further, these reports allege that such diversity requirements of clients might be unlawful. In this panel discussion, MCCA brought together some of those behind these publications and others who contest their assertions. The session began with a presentation on the white paper report prepared by Jackson Lewis LLP and MCCA which rebutted the arguments that corporations’ requests for law firms to use more diverse legal teams are unlawful. The moderator of the panel was Cynthia Estlund, Catherine A. Rein Professor of Law, NYU School of Law. The panelists were Patricia Diulus-Myers, Partner, Jackson Lewis LLP; Arin N. Reeves, J.D., Ph.D., The Athens Group; and Richard H. Sander, Professor of Law, UCLA School of Law. A copy of this whitepaper can be found by clicking here (PDF).

MCCA staff and legal leaders are busy planning MCCA’s next CLE offering: MCCA’s 7th Annual CLE Expo in Chicago to be held March 26 through 28, 2008.

By Tina Pakeiday Shah, Talent Advisory Board

This case example was prepared by Talent Advisory Board based on research it presented at the North American South Asian Bar Association (NASABA) Annual Convention on June 30, 2007. The firm below was selected to be profiled as a sponsor of NASABA, which supports diversity in the legal profession. Reprinted with permission.

The typical Axiom attorney has over twelve years experience at both firms and in-house. For this level of experience, Axiom attorneys are unusually diverse with 30% minority attorneys and 53% female attorneys. Mehul Patel (pictured), EVP and General Manager of the San Francisco office, says, “We have reached those numbers while being highly selective in hiring: Axiom has received over 18,000 applications to get to its current 200 lawyers.” Mehul was previously Chief Marketing Officer at Howard Rice and Vice President, Business Planning, at CNET. Mehul joined Axiom because of the opportunity to be innovative in the legal industry: “Axiom is at the forefront of leading change in the legal industry. We’re doing it by empowering lawyers and clients.” Mehul emphasizes the opportunity for lawyers to chart their own course and practice on their own terms. Mehul charted his own course in high school when he moved from the U. K. to study economics at Brown University and law at the University of Virginia School of Law.

Other diverse attorneys from top tier schools who have worked at top tier firms seek out Axiom because it provides them with an opportunity to chart their own course rather than relying on the system. Axiom enables attorneys to have more flexibility, control and self-direction as compared to the traditional firm fixed-cost salary model which necessitates billable hour requirements. Axiom pays attorneys for the time they work. Axiom attorneys typically work at client offices, alleviating the need to bill extraordinary hours to support high overhead costs. The model appeals to four specific segments of attorneys: (1) very experienced attorneys who no longer want to work traditional firm hours, (2) in-house attorneys who are looking for more growth opportunity, (3) attorneys who have other passions but need to pay the bills, and (4) parents who are looking for flexibility in their careers.

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Axiom appeals to mothers because the work offers more schedule flexibility, a part-time schedule is a real option, and business development is not expected of attorneys. One working mother said, “I joined Axiom because I wanted more control over my time, and the ability to take time off.” Axiom seconds attorneys at corporate counsel departments on a project-by-project basis, and most projects run between 3 and 12 months. An attorney can choose which projects to work on based on expected duration, time requirements and project content. This choice enables attorneys to plan for both career development and family responsibilities.

Driven professionals who are looking for greater self-determination are attracted to Axiom because the culture rewards pursuing personal preferences as the normal course of doing business. By contrast, attorneys in some large firms often feel stigmatized when declaring preferences – whether it is for a certain kind of work or greater work-life balance – that might be perceived as inconsistent with the quest for fair partnership. One Axiom attorney says, “Axiom empowers us to control the terms of our employment…without feeling ashamed.”

Business development is an issue that causes many attorneys to leave big firms because the demands are too high while raising a family. At Axiom, business development is conducted by a dedicated team so attorneys can focus on doing the client work. One Axiom attorney said, “I don’t have to worry about business development and politics while I am raising a family.” Although Axiom does not offer a partnership track, several attorneys stated that building toward a partnership track was not important to them at this time in their lives.

What enables Axiom to draw such a diverse population of attorneys with top tier backgrounds? It appears that the structural change from fixed to variable attorney compensation attracts attorneys who want to practice law and balance lifestyle needs. As the model develops over time, retention may become a key area of focus as such highly credentialed attorneys may encounter career advancement opportunities not available at Axiom. For now, Axiom offers diverse attorneys a place to enjoy the practice of law, while maintaining balanced lives.

Source: Anonymous Axiom attorney interviews; Interview with Mehul Patel, EVP and General Manger, San Francisco Office, Axiom; The National Law Journal, “The Rise of the New Model Firm,” May 21, 2007; California Lawyer, “Why Women are Leaving the Big Firms,” February 2007.

Miguel R. Rivera, Sr. - Associate General Counsel for Outside Counsel Management
Wal-Mart Stores, Inc.

In October of 2006, Miguel R. Rivera, Sr. joined the Legal Department at Wal-Mart Stores, Inc., first as Assistant General Counsel and then as Associate General Counsel for Outside Counsel Management. In this role Miguel is responsible for managing Wal-Mart's outside counsel. Wal-Mart measures outside counsel on the firm's performance, diversity, and cost-effectiveness. Miguel is also responsible for finding and approving new outside counsel for Wal‑Mart. "When we look for outside counsel we expect them to be good lawyers first and foremost – leaders in their area of expertise with exemplary work product. They also have to understand, adapt to, and work well within Wal-Mart’s culture, and have a strong commitment to diversity. For us, diversity is measured in two ways: across the law firm as a whole – are women and people of color fairly represented within the firm - and then we ask whether the team of attorneys working for Wal-Mart is itself diverse. We want to see the whole 'rainbow' providing legal services for us." Miguel says that Wal-Mart works with more than 300 firms across the country on a regular basis, and uses almost twice that number on a one-off basis during a typical year. "We engage lawyers to provide legal services across the panoply of size. Everything from a two attorney firm in Florida to 1,500 attorney firms."

Miguel is inspired by Wal-Mart's commitment to diversity, and relishes working for one of the most diverse legal departments in the country. Miguel says, "Wal-Mart is committed to diversity because it's the right thing to do and it leads to excellence. Executive Vice President and General Counsel, Tom Mars, has built an incredible legal department comprised of excellent attorneys who reflect the diverse world we live in." Wal-Mart's legal department has grown from approximately 55 attorneys to approximately 160 attorneys. And in growing the legal department, "Tom Mars spread the net wide, looking for the best legal minds, doing ourselves what we require outside counsel to do: change the practice of law by embracing diversity." "At Wal-Mart," Miguel adds, "we like to lead by example. Our legal department is comprised of 37% people of color and 44% women."

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Prior to coming to Wal-Mart, Miguel spent 16 years practicing law in Indiana. Just prior to joining Wal-Mart, Miguel spent the last 2 years as the Commissioner of Labor for the State of Indiana, appointed to that position by Governor Mitchell E. Daniels, Jr. Before that, Miguel was Senior Counsel for Global Litigation at Cummins, Inc., the diesel engine manufacturer. Prior to joining Cummins, Miguel was appointed by then Senator Evan Bayh to be Vice-Chairman of the Indiana Parole Board. Previously, Miguel was an Indiana Deputy Attorney General under then Attorney General Pamela Carter – the first African-American woman to be elected Attorney General in U.S. history. Before joining the Indiana Attorney General's Office, Miguel was a litigator in private practice.

Miguel says, "It's incredibly gratifying to be in a position that allows me to pay something back. I recognize that others paved the way for me to be where I am today. I am standing on the shoulders of many who came before me and challenged the status quo – women, African-Americans, Hispanics – everyone who was underprivileged but persevered and made a difference. Now the best part of my job is being able to make a call to attorneys of color and say, 'This is Miguel Rivera from Wal-Mart and I'd like to talk to you about representing us.'" Miguel says that some recipients of his calls literally cannot believe their good fortune. "It's fantastic making these calls! I called one firm in the Miami area and told them who I was and the receptionist didn't believe me! She passed me on to the attorney's assistant, and she didn't believe me either - she thought I was one of the attorney's friends playing a joke on him. When I finally spoke with the attorney, he said, 'I can't believe I'm talking to you. Can you send me an email so I know this is real?' I really enjoy traveling all over the country meeting people of all backgrounds and ethnicities, but nothing is more gratifying to me than making these calls to qualified attorneys of color and knowing that, together - Wal-Mart, Tom Mars and I - are changing the course of their future."

When asked what few people know about him, Miguel says, "I have a motorcycle – a Yamaha V‑Star Roadster with saddlebags on it. I spend weekends touring Northwest Arkansas on that bike. It allows me to relax like nothing else. And I get the added pleasure of exploring Northwest Arkansas, which is a beautiful place to live and raise a family."

The next time you see Miguel Rivera at a CMCP event, be sure to introduce yourself.

JANUARY

Women Lawyers Association of Los Angeles - The Rainmaker Workshop (series of 6 lunchtime sessions) (L.A.) - 1/18

[Remaining Rainmaker Workshop dates are: February 15, March 14, and April 18 12-1:30pm, all in L.A.]

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