“Take a look in your own back yard before expressing righteous indignation” – Two years on, has George Floyd’s death really impacted the legal sector?

Today marks two years since George Floyd, a Black man, was killed as a member of the Minneapolis Police Department knelt on his neck for approximately 9 minutes. George Floyd became a symbol of persistent inequality and systematic injustice – he became a wakeup call for all. 

Many law firms  apparently stood up and took note. Diversity became more important than ever for commercial law firms as they were seen as agents of social change, whose reach extended beyond their practice areas
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But two years on, have things really changed?         

Today marks two years since George Floyd, a Black man, was killed as a member of the Minneapolis Police Department knelt on his neck for approximately 9 minutes. George Floyd became a symbol of persistent inequality and systematic injustice – he became a wakeup call for all. Terms such as “kneenecking” (the systematic oppression of Black people) came to the fore and have remained.

Many law firms (including the one I worked for at the time) apparently stood up and took note. Diversity became more important than ever for commercial law firms as they were seen as agents of social change, whose reach extended beyond their practice areas.

But two years on, have things really changed? To answer this, I look back at an extract from a piece I wrote for senior leadership in my firm back in October 2020 and call for reflection.?

If reading this extract and much of the sentiment still rings true, you have your answer.

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What it means to be Black AND in Business Services in a law firm environment

The curious case of Mesut Ozil?-?This was the first thought that sprung to my mind when thinking about black representation within law firms.?

For those non-football fans unfamiliar with Mesut Ozil, he is a football player for Arsenal and??plays in the Premier League, the top division, band 1, the elite of English football. He comes with a wealth of credentials to bear, a World Cup Winner (on an international level), numerous championships (domestically), just as many personal accolades, not to mention an unwavering commitment to social responsibility that is to be admired. He has been described as ‘one of the best players of our time’, ‘a person who can see things that no one else can.’ ‘Unbelievable with assists’ and ‘there isn’t a copy of him, not even a bad one’.

On paper, there are similarities between Mesut Ozil and a person you would want to work for you in your firm; characteristics that you would cry out for from any talent agency or recruiter; characteristics that make a person suitable and capable of performing in the top division of the legal sector. A person that is hugely experienced, internationally regarded, hardworking, talented, diverse (both in thought and background) creative, collaborative and innovative.

His record speaks for itself; his credentials paint a beautiful portrait – yet Mesut Ozil is not doing well at Arsenal, not like he should be; not like those credentials would suggest. In fact, he is much maligned and divides opinion as to his suitability for his team and his current environment.

Why is that? Why has it gone wrong? And, what is it about his situation that rings a familiar story for those that are black, AND in business services in a law firm environment?

The truth to the curious case of Mesut Ozil lies with the relationship between the individual and his employers. But perhaps the same could be said about relationship between black business services employees and their employers.

On paper, we come with a wealth of credentials that lay the foundations for success. Yet if you look around, many of us are ‘not doing well’; many of us struggle to thrive in our environment; many of us are much maligned – just like Mesut Ozil.

If the overarching goal is to increase black representation in business services (and generally across a firm), then retention and promotion must be the core strategies of such initiatives.?

Such positive approaches can only happen if there is a change in the culture of the firm, and such change can only happen if senior management and the leaders within each practice group are willing to take the tangible steps needed.?

Perhaps the best place to start is to understand the black experience within a law firm.

My experience in the law, within law firms has been largely negative.

I talk about my experiences and reference my past experience for two reasons. Firstly, my experience of XYZ firm (name removed) is limited and unprecedented. Secondly, and specifically in this instance, I generalize because I feel I have experienced enough law firm environments and cultures (working both as an employee and a contractor) to give an informed opinion based on the similarities I have seen (and in some cases) continue to see.

The unprecedented series of events has no doubt led to the courageous conversations in our workplaces. I (and others) have described what it means to be black, the feeling of being worn down, the extra effort not to come across as confrontational, the unsaid dynamics at play when every day you go into a predominantly white office aware of huge gap of what your firm is or isn’t doing to enhance your experience.?

I can imagine that to be a black lawyer in a law firm often feels like you have to work harder to prove yourself; you have to be better than your white colleagues to get the same opportunities; you have to censor who you are at the best of times and even then, that still isn’t enough.

Yet, I think to be black and in business services within a law firm adds another dimension of trauma and complexity. As a black lawyer, it is assumed / expected that you have an identifiable level of intelligence – your colleagues know you have undertaken the same LPC and trainee programs they have. You at the very least, have that prestige of being a lawyer, being associates together.?

The problem is, business services staff are not seen at the same level of intelligence as those they work with or assist on a daily basis.

Can you imagine the impact this has on an individual when the starting point for your relationships with the people you must work for, is on an assumed level of ‘lower intelligence’? Some might even go as far enough to say on a master/servant basis.

Well to be black and in business services in a law firm places you at this very juncture.

You may feel that this is my insecurity; you may feel this is the anxiety I have felt speaking out about my experiences; you may feel that this cannot be right. However, I would hope that if hearing about the black experience has taught us anything, it is that there is truth in the unexpected experiences now shared that have not previously been spoken about.

As business services staff working with lawyers (and in my case Partners) on a daily basis the truth is I can easily point to situations and examples (including during my time here so far) where we aren’t afforded the same professional courtesy as that which we are expected to give. We are expected to communicate clearly and concisely with thought in our words, a knowledge that time is precious, and yet there is a perception that we (in business services) don’t need to have the same values afforded to us. There have been numerous situations where the mutuality of respect does not exist.?

But throw in the micro-aggressions, the ‘bias’, the lack of cultural sensitivity or awareness, the perceptions of our character as black individuals and the lack of time and investment in us as people and the cultural problem cuts far deeper.

To give you an example, on one day recently, I received three emails (sent to a practice group mailbox) in very quick succession that really highlighted where XYZ is along this journey and the scale of the challenge that lies ahead.?

The first was an email from a trainee / associate highlighting that Project Manzanas had just ‘closed’. Within minutes, (seconds even), there were emails (replying to all) from senior members of the practice group congratulating everyone on a job well done! Big pats on the back.?

The second email (not long after the first) was a note written by someone in the same team, a note talking about something personal to them, race related, highly emotional and most definitely more important than a closing. This email was met with a loud uncomfortable silence. Not a word from a single partner, counsel or senior leader of that team. No pat on the back.?

The last email was a single picture sent to the same team – a picture of alcohol, drinks and glasses. Again, within minutes there were replies from senior leaders.?

To me as an observer looking at these three emails, considering the current climate, digesting the promises of the firm to stand with its black employees, reflecting on the hope and optimism I had at different moments, this series of communications was at best disappointing.?

Of course, I’m sure it could be argued that perhaps the senior leaders felt it was more appropriate to reply privately, maybe they did reply privately – who knows.?

What I do know is that recently, I’ve been in the same position as that associate in the second email. As someone new to the firm, I shared something with my team, with my practice group, with all of London. I exposed my thoughts and feelings about a highly emotional subject. While I received words of encouragement from junior members across London, what was most notable to me was that not one senior leader within my practice reached out to me.

These are the leaders that I work with regularly, day-to-day. The same leaders that will email in an instant if something matters to them. These same leaders that demand excellence, responsiveness, attention to the small and the big things that make a difference.?

These same leaders spotlight ‘diversity as imperative’ in proposals to clients, legal directories and anyone that will listen externally.

These leaders are the people that directly contribute to my experience as a black individual working in business services in a law firm.

If these leaders cannot even respond to one person, how will they affect change for the firm?

I’ve questioned this and whether the problem of representation and the black experience lies with the fact that there is a clear disconnect in what the same values mean to both the employer and black employee.?

In legal services, we do business with clients to minimize their exposure to risk – often we take on the risk for their benefit.?

Even now, by participating in this exercise, writing articles, speaking about our experiences, we, as black employees expose ourselves to risk – ultimately for the benefit of XYZ.?

The difference is that often when the firm does business with clients that exposes itself to risk, the rewards are often greater. By doing what we do, what we’ve done to date, exposing ourselves in the most intimate of ways within a work context – I find it hard to see what tangible reward would be for such exposure.