I nnovation in Diversity and Inclusiveness: A Dialogue About How Colorado is Leading the Way

1. Colorado Campaign for Inclusive Excellence Presents Innovation in Diversity and Inclusiveness:  A Dialogue About How Colorado is Leading the Way Sponsored By: Featuring: Bruce James, CEO/Managing Partner, Brownstein Hyatt Farber Schreck LLP Steve Smith, General Counsel, Lockheed Martin Space Systems

2. Commitment to Diversity Bruce James, Managing Partner Steve Smith, General Counsel Colorado Campaign for Inclusive Excellence

3. Commitment to Diversity An Overview of CCIE and the Data Supporting Its Critical Message By: Bruce James Colorado Campaign for Inclusive Excellence

4. About CCIE CCIE By the year 2016, all Denver metro law firms and corporate legal departments will have successfully developed and implemented initiatives that create cultures of inclusion where attorneys of all backgrounds succeed without regard to gender, race, religion, national origin, disability, sexual orientation or gender expression. Mission • Addresses Pipeline, Recruiting, & Retention • Piloting a ground-breaking inclusiveness program • Organizes annual diversity conference and CLE programs • Created Retention Initiative which involves 6 GCs and 34 law firms Colorado Campaign for Inclusive Excellence

5. Participating GCs • Richard Baer, Qwest Communications • Michael Connelly, Xcel Energy Inc. • Kevin MacCary, United Launch Alliance • AnnitaMenogan, Red Robin Gourmet Burgers • Karen Ripley, MillerCoors LLC • Steve Smith, Lockheed Martin Space Systems Colorado Campaign for Inclusive Excellence

6. Participating Law Firms • Arnold & Porter LLP • Baker & Hostetler LLP • Ballard Spahr LLP • Brownstein Hyatt Farber Schreck LLP • Davis Graham & Stubbs LLP • Dorsey & Whitney LLP • Faegre & Benson LLP • Ford & Harrison • Gordon & Rees LLP • Greenberg Traurig LLP • Heizer Paul LLP • Hensley Kim & Holzer LLC • Hogan & Hartson LLP • Holland & Hart LLP • Holme Roberts & Owen LLP • Husch Blackwell Sanders LLP • Isaacson Rosenbaum PC • Kamlet Reichert LLP • Kutak Rock LLP • Littler Mendelson PC • McElroy Deutsch Mulvaney & Carpenter LLP • McKenna Long & Aldridge LLP • Morrison & Foerster LLP • Nathan, Bremer, Dumm & Myers, P.C • Patton Boggs LLP • Perkins Coie LLP • Reilly Pozner LLP • Rothgerber Johnson & Lyons LLP • Ryley Carlock & Applewhite • Snell & Wilmer LLP • Stern Elkind Curray & Alterman LLP • Wells Anderson & Race LLC • Wheeler Trigg O’Donnell LLP • White and Steele PC Colorado Campaign for Inclusive Excellence

7. What is “Diversity” in the Legal Profession? What do we mean when we use the term “diversity” in the legal profession? • What we are talking about: Compositional diversity and under-represented groups. • What we’re not talking about: Affirmative action, quotas, compliance.

8. Diversity Difference Between Diversity & Inclusion Inclusion Being invited to the dance Actually getting on the dance floor Focus is on how many – “the numbers” Resources go into recruiting/hiring Focus is on the value and contribution of diverse perspectives, backgrounds Resources go into retention Colorado Campaign for Inclusive Excellence

9. Hidden Barriers to Retention Dr. Reeves’ article on Meritocracy (Based on data from the 2006 ABA Visible Invisibility study) • Ability PLUS Opportunity = Success • Many diverse attorneys not afforded same opportunities; there are hidden barriers Colorado Campaign for Inclusive Excellence

10. Composition of Lawyers in Colorado (Race/Ethnicity) Minority attorneys comprise only 6.9% of all lawyers and judges in Colorado according to 2000 Census figures; 8.4% in 34 Denver law firms.

11. How Does the Legal Profession Measure Up? Lawyers Rank at the Bottom of the List of All Professions for Percentage of Racial and Ethnic Minorities (2008 US Bureau of Labor) Colorado Campaign for Inclusive Excellence

12. Representation Among Denver Attorneys 34 Denver area law firms reporting data to NALP in 2009:

13. 2008 National Law Firm Partnership Statistics • 19.21% women (up from 12.27% in 1993) • 6.05% racial/ethnic minorities (up from 2.25% in 1993) • Only 1.88% are women of color • 1.27% GLBT Colorado Campaign for Inclusive Excellence

14. Research Findings – 2006 ABA Study Attorneys of color (female attorneys of color, in particular) are more likely to be • excluded from informal and formal networking opportunities, and marginalized. • not integrated into the firm’s internal networks. • not receiving desirable assignments (especially those that help them meet required billable hours). • not having substantive contacts with clients. • reporting that many employees appeared to feel uncomfortable around them. stuck in dead-end assignments. • receive differential assignments that cause difficulty in meeting billable hour requirements. • receive “soft evaluations” • denied promotion opportunities. Colorado Campaign for Inclusive Excellence

15. 2007 Denver Diversity Survey -Strong Perception of Unfairness 30% of all attorneys, including 25% of white males, believe racially and ethnically diverse attorneys do not receive critical career-enhancing opportunities on an equal basis, such as • promotions, • networking opportunities, • training, • mentoring, • client contact, and • fee-generating assignments.

16. 2007 Denver Diversity Survey -Strong Perception of Unfairness Our Dialogue with Associates on Diversity and Inclusiveness By: Steve Smith

17. Law Firm Associate Attrition 2008 Law Firm Associate Attrition Statistics National Association for Law Placement • 16% overall associate attrition in 2008. • 79% of associates leave their firm within 5 years. • More associate departures are unwanted (40%) by their firms than wanted (33%). • The rate of attrition is higher for minority associates. Colorado Campaign for Inclusive Excellence

18. Law Firm Associate Attrition Based on 2008 statistics gathered by the National Association for Law Placement Colorado Campaign for Inclusive Excellence

19. Associate Survey Results:Demographics Survey Respondents 63 associates completed the survey • 41 Diverse (racial/ethnic minorities, GLBT) • 22 Non-diverse (white women) • 45 Female • 18 Male Colorado Campaign for Inclusive Excellence

20. Associate Survey Results:Summary Areas of Concern • Retention of diverse attorneys • Diverse associates report that other diverse attorneys are leaving because of: • Lack of mentors • Discrimination • Inadequate training • Unfair evaluations Colorado Campaign for Inclusive Excellence

21. Associate Survey Results:Summary Areas of Concern • More than half disagree or don’t know if their firm’s diversity committee is active or effective • Diverse associates were less likely than the white female attorney respondents to • perceive that diverse attorneys in their firm are included in committees engaged in running the firm • agree that diverse attorneys were participating in the power structure of their firm Colorado Campaign for Inclusive Excellence

22. Associate Survey Results:Summary Areas of Concern • Only half know the standards for advancement and more than half don’t know what factors are considered in promotion decisions • Half are having trouble meeting their billable hour requirement • mostly due to a lack of billable work --- this is impacting the diverse associates at a disparate rate (42.5% vs. 27%) Colorado Campaign for Inclusive Excellence

23. Associate Survey Results:Wish List - FLEXIBILITY “Flexibility in how success is defined. I think success is more than the billable hour. To be a happy, fulfilled person I need more than this job. I would want more time with my family.” “Flexible hours.” “Flexibility regarding working hours because I have young children; as much respect as the male attorneys even though I have to leave to take my kids to doctors appointments, etc.” “More flexibility in taking on different assignments in difference practice areas.” “Lower or more flexible billable hours requirement, and an opportunity for meaningful part-time or flex-hours work.” “Greater flexibility over my schedule.” “I would want to work with supervisors that are flexible and clearly communicate their expectations.” “A flexible, part-time option for women who wish to have a family and keep a meaningful, though less demanding, career in law.” “More flexible work schedule.” Colorado Campaign for Inclusive Excellence

24. Associate Survey Results: Associate Wish List • Clients/Business Development • Promotion/Advancement • Mentoring • Evaluations • Work Schedule • Firm Culture • Training • More transparency and greater insight into how the firm operates • Responsibility • Kinds and Amount of Work • Supervision

25. The CCIE Inclusive Network – A Framework For Action By: Bruce James

26. CCIE Creating a National Model • 10 Pilot Organizations Participating in the Inclusiveness Network • Corporate Law Departments: • Qwest Communications • Xcel Energy • Law Firms: • Brownstein Hyatt Farber & Schreck LLP • Dorsey & Whitney LLP • Holland & Hart LLP • Holme Roberts & Owen LLP • Kamlet Reichert LLP • White and Steele LLP • Government: • Colorado Attorney General’s Office • Denver City Attorney’s Office Colorado Campaign for Inclusive Excellence

27. Piloting CCIE’s Inclusiveness Program OUR EXPERIENCE WITH THE CCIE’s INCLUSIVENESS NETWORK • THE PILOT PROGRAM PROVIDED A STRONG FRAMEWORK WITHIN WHICH WE COULD HAVE A FOCUSED EFFORT TO IMPROVE INCLUSIVENESS IN OUR ORGANIZATION • WE HAVE IMPLEMENTED THE FOLLOWING ACTIONS FOLLOWING OUR ADOPTION OF THE PILOT PROGAM: • FORMATION OF AN INCLUSIVENESS AND DIVERSITY COMMITTEE, WITH REPRESENTATION FROM ALL OFFICE LOCATIONS • TRAINING ON WORKPLACE INCLUSION AND CULTURE CHANGE LED BY NATIONALLY KNOWN CONSULTANT BILL PROUDMAN • DEVELOPED A MISSION STATEMENT FOR INCLUSIVENESS AND DIVERSITY • PREPARED AND SUBMITTED TO ALL FIRM ATTORNEYS A CONDFIDENTIAL CULTURE AND DIVERSITY SURVEY • EVALUATED SURVEY RESPONSES TO ESTABLISH OUR COMMITTEE GOALS FOR 2010 Colorado Campaign for Inclusive Excellence

28. Piloting CCIE’s Inclusiveness Program NEXT STEPS: • IDENTIFY 2-3 ACTION ORIENTATED GOALS EACH YEAR TO ACCOMPLISH AND COMMUNICATE OUR GOALS AND OUR SUCCESS OR FAILURE IN ACHIEVING THOSE GOALS FIRM WIDE • IDENTIFY A STRONGER CORE GROUP OF NON-DIVERSE ATTORNEYS TO JOIN THE COMMITTEE AND SUPPORT ITS EFFORTS ACROSS OUR FIRM • STUDY THE RESULTS OF CCIE’S ASSOCIATE SURVEY AND DEVELOP A PLAN IN PARTNERSHIP WITH OUR CLIENTS TO INCORPORATE GREATER FLEXIBILITY IN ASSOCIATE WORK SCHEDULES • ESTABLISH A STRONGER MENTOR PROGRAM FOR ALL ATTORNEYS AND UNDERSTAND HOW THE MENTOR PROGRAM CAN IMPROVE OUR CULTURE OF INCLUSIVENESS Colorado Campaign for Inclusive Excellence

29. Next Steps An Overview of the Retention Initiative Meeting of GCs and MPs: Tuesday, March 16, 2010 at the 2010 Rocky Mountain Legal Diversity Summit By: Steve Smith Colorado Campaign for Inclusive Excellence

30. Discussion Questions • What are General Counsel willing to do to encourage law firms to focus on diversity? • To what extent can General Counsel assist diverse attorneys in “making rain” (i.e. marketing advice and strategies, connections). • What can General Counsel do with respect to flexibility around billing to make a difference? Colorado Campaign for Inclusive Excellence

31. Discussion Questions • What are some of the barriers to keeping diverse attorneys in your organization? • What are the challenges you see to creating a more inclusive environment where diverse attorneys want to stay? • What steps can you take to address those challenges? • How can we be more proactive in moving from diversity to inclusiveness? • What are some of the ways that GCs can partner with MPs to work on diversity and inclusiveness? Colorado Campaign for Inclusive Excellence

32. 2010 Rocky Mountain Legal Diversity Summit Tuesday, March 16, 2010 8:30 a.m. – 5:00 p.m. University of Denver Sturm College of Law 2255 E. Evans Ave. Register at www.colegaldiversity.org Colorado Campaign for Inclusive Excellence

33. ACC-Colorado – Upcoming Events Corporate Law – Wednesday, February 17th - 11:45 a.m. – Cool River Happy Hour – Thursday, March 25th – 4:00-6:30 p.m. – Cool River International Arbitration – Wednesday, April 7th – 11:45 a.m. – Denver Athletic Club (downtown) For more information, visit www.acc.com/coloradochapter Colorado Campaign for Inclusive Excellence