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6 October 2020Influential Women in IPMuireann Bolger

European GCs unveil charter to promote broader D&I metrics

A group of Europe’s most influential general counsels (GCs) has called on the legal sector to implement improved and updated measurements to monitor the progress made on racial and sexual orientation diversity in firms.

The  letter, issued on September 28, was signed by the General Counsel for Diversity and Inclusion (GCDI)’s steering group, including senior attorneys from BHP, Royal Dutch Shell, Vodafone, Anglo American and Unilever.

The group pointed out that while many law firms’ diversity and inclusion (D&I) metrics relate primarily to gender, the legal sector should commit to developing broader D&I metrics.

In the letter, they wrote: “Our objective is to define a uniform set of metrics and KPIs for signatories to adopt and seek from their relationship firms on an annual basis, which are both meaningful and readily produced. Achieving consistent metrics and KPIs across the profession with uniformity of requests to law firms is in our view, key to measuring progress and driving accountability both within law firms and in-house teams.”

They added that their goal was to work with the legal sector to identify the right metrics for wider underrepresented groups including black, Asian and minority ethnic, and LGBT+ lawyers.

The recommendations are based on a draft framework document released by the GCDI in April, which contained a selection of papers and guidance support aimed at delivering improved D&I metrics.

This document suggested steps for in-house counsel to encourage law firms to improve their D&I metrics, including: communicating the importance of D&I regularly and purposefully to law firms; fostering ongoing dialogue with law firms by periodically meeting with them to discuss approaches to D&I; and identifying successes and failures (on both sides).

Additional goals included: sharing respective metrics and identifying goals and systems for tracking progress; praising positive actions taken by law firms to promote D&I, as well as providing and receiving honest and constructive feedback where necessary.

They also urged in-house counsel to build a network of external lawyers across all levels and backgrounds; and to facilitate opportunities for lawyers from under-represented groups to engage with and support the company.

Additional recommendations included: considering who makes and receives the first “call” when instructing external law firms on new matters to ensure breadth and diversity of work distribution; and recording who makes and receives initial instructions to track progress.

To promote D&I within in-house legal teams, the GCDI recommended that team leaders establish a framework to drive D&I and to hold leadership accountable for implementing D&I vision and strategy, whether internally or towards suppliers.

They also urged in-house counsel to integrate D&I in talent programmes, retention measures and decisions about advancement; to create a culture where employees are encouraged to and feel accepted and valued; and to ensure internal job postings are always published.

The GCDI recommended that in-house counsel measure success by ensuring that assessment, measurement and research regarding D&I guide decisions; and to introduce KPIs to follow the progress of a team’s D&I and track them regularly and hold leaders accountable.

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Influential Women in IP
1 October 2020   Senior in-house attorneys from JP Morgan Chase, BNP Paribas, Goldman Sachs and Bank of America are among leading general counsels from the financial services sector who have committed to better promote D&I in the legal sector.