shutterstock_1439640143_dutchmen_photography
26 January 2022Influential Women in IPMuireann Bolger

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.

Did you enjoy reading this story?  Sign up to our free daily newsletters and get stories sent like this straight to your inbox

Today’s top stories

Walmart tries to block Vans’ shoe injunction bid

Mishcon de Reya adds Denton’s litigator to patents team

UKIPO launches designs consultation

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk


More on this story

Influential Women in IP
29 January 2021   Leading IP counsel have commended the launch of World Intellectual Property Review’s inaugural Diversity Champions list.
Copyright
2 June 2020   WIPR’s latest survey on diversity and inclusion provides another sombre snapshot of an industry that’s behind the times but trying hard to catch up through a variety of initiatives. Sarah Morgan reports.
Influential Women in IP
8 February 2022   Smaller law firms have become more diverse than their larger counterparts, according to a new report by the Solicitors Regulation Authority.