Once a badge of honour, diversity has become a topic of discomfort at law firms—and even, in some corners of the industry, a source of shame. We hear the stories regularly. Diversity professionals being quietly sidelined, policy wording and posts being hastily changed, events and budgets for minority groups being cut, and outside consultants receiving no more work. No one wants to utter the D-word anymore. Some even pretend they never did. One major law firm recently tried to convince me that it had never used the term ‘diversity’ publicly. It would almost be funny if there weren’t real-life implications for so many people. Last year, Law.com International launched an initiative to spotlight promising Black lawyers in the U.K.—just as we routinely recognise rising women leaders and standout young professionals in private equity. The response was enthusiastic. But this year firms are very unwilling to engage. Suspiciously so. Firms seemed to miss all the emails, or they’re too busy, or the Black lawyers they have don’t want to take part, and so on. Particularly at U.S.-based firms. With the exception of transatlantic firm Bryan Cave Leighton Paisner, not one U.S.-based law firm put forward a Black lawyer. Are we to believe that, across thousands of lawyers in these firms, there’s not a single Black professional worthy of recognition? Firms insist nothing has changed internally. Yet many are no longer willing to publicly acknowledge their diverse talent. Yes, the political climate in the U.S. is fraught, and some firms may be nervous about government scrutiny. But that doesn’t explain the retreat by such a high number of firms—especially those with no American presence at all. Other areas of diversity are in reverse. The gender pay gap at the U.K.’s largest firms is widening. Neurodiversity issues have become common in employment disputes against firms. General counsel are retreating from tracking diversity metrics. And Pride Month, which is currently going on, has been noticeably quiet. Way fewer rainbow logos and social media solidarity. Silence has become the new strategy. Why? Because firms are afraid. Scared of being accused of favouring one group over another. Terrified of standing out. So they play it safe by copying each other—quietly removing diversity references from websites and stopping promotional efforts. Or at least, they think they do. Because there’s danger in sameness too... |