BigLaw firms unveil D&I billable hours
Law firm Eversheds Sutherland has introduced a billable credit policy this month for work related to diversity and inclusion (D&I), joining a growing number of elite law firms that have adopted a similar policy.
In recent months, firms including Morrison Foerster, K&L Gates, Fox Rothschild, Baker McKenzie, Dorsey & Whitney, Foley Hoag, Greenberg Traurig, Hogan Lovells, Locke Lord, Manatt, Phelps & Phillips, Reed Smith, Robinson+Cole and Ropes & Gray have all announced DE&I credit programmes.
These initiatives form part of a number of measures adopted by firms to boost and retain diverse attorneys amid concerns that the legal sector is failing to meet diversity goals at senior levels.
According to a study released by the National Association for Law Placement earlier this month, the percentage of diverse summer associates reached a record 41%, up 5% from the previous year.
Lagging behind
But it noted that the levels of diversity continue to lag at more senior levels: just 22% of equity partners were women and only 9% were people from minority backgrounds.
From this month onwards, Eversheds Sutherland will offer up to 50 hours of billable credit per year for qualifying D&I work for all US-based attorneys.
The firm has a target of 10% minority UK partners by 2025, while its US offices have a 15% target for diverse partners, including ethnic minorities, LGBTQ+, lawyers with disabilities and veterans for the same year.
The firm’s female partnership reached 26% by the end of 2021 according to a report in Law.com— missing its target of 30%, but it aims to achieve 33% female partnership in three years time.
The activities eligible for billable credit at Eversheds Sutherland include participating in client diversity programmes or joint firm-client initiatives and training; and representing the firm at client-facing diversity and sponsorship events.
Other qualifying practices are carrying out responsibilities associated with a diversity committee membership, and/or women’s initiative board membership, participating in a firm diversity mentorship programme and programmes with a firm D&I partner organisation
Representing the firm at law school D&I events and job fairs, participating in D&I campus relations initiatives, panels and events, and mentoring underrepresented law students will also count towards these billable hours.
Mark Wasserman, co-CEO of Eversheds Sutherland, said: "We are proud to incentivise and reward the time attorneys spend on activities that are essential to building an inclusive culture and equitable workplace.
"Recognising individual contributions to D&I efforts through billable hour credit ensures that these efforts are integrated into our firm culture and supports our commitment to creating a more inclusive, equitable and diverse firm,” he added.
Inadequate D&I rewards
Despite the trend towards billable hours for D&I work, Richard Hung, co–chair of Morrison & Foerster’s IP Litigation Group, noted that many leading firms still inadequately reward D&I activities such as mentoring by favouring more short-term business-focused initiatives.
“For example, many firms inadequately reward mentoring and recruitment of diverse candidates, instead emphasising generations. The effect is to encourage partners to focus on this and to leave recruiting and mentoring to others. Leadership at all IP firms must focus on recruiting and mentoring to keep the next generation of IP lawyers enthusiastic about IP law,” he said.
“It is difficult to find talented IP lawyers who enjoy the law, especially ones with technical degrees. It is equally difficult to retain talented IP lawyers, as other law firms and clients want them too. Mentorship is important to the development of diverse partners, as diverse associates leave the profession at higher rates than non-diverse associates,” he added.
In addition to its billable hour, Morrison & Foerster has launched a global Allies Network to advance equity and inclusion at the firm and a “ MoFo Navigate” programme to create a more tailored mentoring system for its employees.
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