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9 June 2022Influential Women in IPBrian Winterfeldt

Pride Month: ‘l never wanted to hide myself’

To me, Pride Month serves as an opportunity to recognise and celebrate that members of the LGBTQ+ community deserve full equality in all aspects of society.

Over the past few years, we have definitely seen efforts at rolling back LGBTQ+ rights, at least in certain US states. This trend is immensely disheartening, particularly after a couple decades of slow but steady progress in securing legal anti-discrimination protections.

A vital celebration

This is another reason that Pride Month is so important, to shine a spotlight on the LGBTQ+ community and the importance of maintaining equal rights for its members.

Law firms and other organisations that recognise and celebrate Pride Month are stating their solidarity with this sentiment, conveying that their LGBTQ+ employees, vendors and customers will be free from discrimination and will be treated with respect and acceptance.

Pride Month also offers an opportunity for individual members of the LGBTQ+ community to share their stories and for allies to stand up in support of their LGBTQ+ friends, family members and colleagues in a meaningful way.

I have been out since college—so well before my legal career began—and I was incredibly fortunate to receive compassionate acceptance from both friends and family. Along the way, I decided I would be out in all aspects of my life, in law school and then professionally. I never wanted to hide myself and, even more so, wanted to be a vocal advocate for the LGBTQ+ community in the legal industry.

While I did not always experience the same warmth and acceptance in some professional environments where I worked (such as large law firms), I did find a truly wonderful and accepting community in the trademark field, where I have met so many incredible LGBTQ+ colleagues and allies. The support and encouragement of those colleagues was instrumental in my decision to open my own firm, Winterfeldt IP Group.

LGBTQ+ representation

While year-round advocacy is of course immensely important, particularly in today’s increasingly contentious environment, Pride Month allows all of us to take time out of our hectic schedules to celebrate and strengthen our vibrant community.

This Pride Month, I do note that a good deal of progress has been made in law since I began practising more than two decades ago.

I particularly see this change in the newer attorneys and staff who have joined the profession in the past few years—there is just so much less tolerance among this generation for discrimination or even for microaggressions, and they also seem more willing to call out bad behaviour, including publicly.

On the downside, LGBTQ+ representation in the legal profession, while increasing slowly, remains quite small.

According to a 2021 report issued by the National Association of-Law Placement , an organisation that tracks diversity in the legal profession, only about 2% of law firm partners identified as LGBTQ+.

The same report stated that nearly 8% of summer associates identified as LGBTQ+, but less than 5% of regular associates similarly identified.

So, we are still seeing a very large level of attrition among LGBTQ+ attorneys as they progress through the law firm ranks. To improve this, we need to get law firms’ senior management on board with making LGBTQ+ diversity at all levels a priority, and to determine why LGBTQ+ attorneys are leaving.

Equal opportunities

If they are not receiving job offers or are being let go, do they need more mentorship, or are they possibly not being evaluated fairly?

If they aren’t becoming partners, are they getting the same business development and leadership development opportunities as their peers?

If they are leaving of their own accord, are there things about the firm environment that made them feel unwelcome or unable to do their best work? Firm leaders need to seek out this feedback, hear it with an open mind, and be willing to make changes accordingly.

For law firms, the first step is to create a genuinely inclusive culture that comes from the top down; the firm’s managing partner and executive team need to prioritise and model inclusion, setting examples for the partners, more junior attorneys, and staff.

A firm should offer training to all attorneys and staff about what it truly means to be inclusive, bringing in outside diversity experts if needed—and make sure that any diversity-related training includes LGBTQ+ matters.

For example, being sure to use someone’s preferred pronouns and avoiding assumptions of heteronormativity (ie, assuming that spouses/romantic partners are always of the opposite gender) may seem like small things, but they can make a huge difference in terms of LGBTQ+ team members feeling respected and included.

Inclusive policies

Ensure that both policies and benefits are inclusive, as well—for example, dress codes can require a certain level of professionalism but should not be gendered or require a traditional gender presentation. And maternity/paternity benefits should be available to all, regardless of sexual orientation or how one’s family is created.

Having LGBTQ+ role models in senior positions is also very important—this demonstrates to more junior attorneys and staff, as well as prospective hires, that there is a path forward in the law firm for people like them.

Senior LGBTQ+ personnel are also important as mentors and allies in order to help more junior personnel navigate any difficulties they may face and provide a road map for success. If the firm is large enough, make sure there is an LGBTQ+ affinity group, or at least that LGBTQ+ team members are warmly welcomed in the general diversity committee.

Diversity-related activities (speakers, community engagement, event sponsorships, and the like) should include members of the LGBTQ+ community.

Especially if the firm is smaller, or does not include many openly LGBTQ+ members at the current time, firms should support and encourage external engagement in industry-related diversity groups.

Firms can also demonstrate their support for the LGBTQ+ community by working with LGBTQ+-owned vendors.

Bullying and discrimination

Unfortunately, bullying and discrimination may happen at least occasionally even in organisations with excellent cultures. It is important that the firm’s management and HR teams listen openly to any complaints from LGBTQ+ personnel in this arena and to impose consequences on those found to be violating firm policies by engaging in discriminatory conduct.

If LGBTQ+ personnel do not feel that their complaints are taken seriously, or if those who discriminate do not face consequences, LGBTQ+ team members (and, often, their allies) will quickly lose trust in the organisation.

While a culture will not truly change without the full support of a firm’s senior management team, there is still a great deal that colleagues of LGBTQ+ personnel can do to show support and make them feel included.

External help

Organisations such as the Human Rights Campaign (HRC), Out & Equal, and, for younger people, The Trevor Project, offer easily accessible, free resources on allyship.

Ideally, LGBTQ+ personnel will have access to both internal and external support networks. Internally, these networks may include affinity groups, general diversity-related committees and activities, and diverse mentors.

I definitely do recommend that LGBTQ+ personnel seek out external networks as well. Even if a law firm offers fantastic internal support, long-term success in the legal profession typically depends on being able to develop business and build a profile outside of one’s firm.

Diversity-related organisations, both specifically for the LGBTQ+ community and more generally, are wonderful resources. For example, I have been involved with the LGBTQ+ bar for many years, as well as with the Institute for Inclusion in the Legal Profession (IILP), and have made fantastic connections through both.

And, last but definitely not least, we have our own LGBTQ+ affinity group within the International Trademark Association community, GLINTA, which has been in existence for about two decades now. GLINTA has not only been a source of social support and community for LGBTQ+ trademark attorneys, but has resulted in countless job and client referrals over the years.

In summary, to be inclusive: treat all people with kindness and respect and set an example for this at all levels of the organisation; ensure everyone has opportunities for training and challenging assignments regardless of sexual orientation or gender identity; audit both policies and communication styles in order to adapt them to inclusivity; encourage both internal and external networking and engagement; and listen openly and incorporate feedback, both in terms of what LGBTQ+ employees need and addressing discriminatory behaviour.

Be vocal and active

To a lawyer who is struggling with discrimination or feeling excluded due to their sexual orientation or gender identity, the first piece of advice I can offer is—be excellent with your own work and character.

That may seem like a tall order when you are struggling to fit well in your environment, but the better you perform at your assigned work, and the more you work to be a collegial team member, the more indispensable you will be to your law firm, and the more likely the firm is to take your complaints and feedback seriously and to take action accordingly.

If you are an incredibly valuable member of a client service team, and the client loves working with you, the firm is going to be motivated to ensure you are treated well and rewarded. It is really important to seek out mentors and senior allies in your workplace, if at all possible, so that you will have people able to vouch for you and the ability to move teams if your current team does not feel like a great fit.

If you are just struggling immensely in your current environment and unable to find much in the way of support, this is when it is extremely valuable to build your professional network outside the firm. Organisations like the LGBT Bar and IILP can, for example, offer speaking and publication opportunities that will help build your profile among law firms and corporate contacts who highly value diversity.

Find the right fit

Be active in your committee if you are on one, or apply to join project teams, and do a great job so that a lot of people in our industry will see how knowledgeable and collegial you are. These steps can help optimise your opportunities when you are ready to move on from an organisation that is not a great fit to one that not only suits your professional goals, but also values you as an individual.

And it’s perfectly acceptable to decide that a particular firm is not a great fit for you, whether due to outright discrimination, unchecked microaggressions, or simply an absence of LGBTQ+ role models and mentors.

While you can speak up and contribute to efforts to change a culture that is behind the times, it is certainly not your singular responsibility to do so at the expense of your work and general well-being. It is absolutely necessary to move on to a better environment, and again, the key is to have built a marketable skill set and grown your profile enough that you will have your choice of new opportunities at organisations that are truly committed to D&I.

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