LAWYERS FOR ONE AMERICA

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For too many people, justifiably or unjustifiably, law is a symbol of exclusion rather than empowerment. It almost goes without saying that the criminal justice system is the bleakest example of this socioeconomic and racial divide. But this disheartening reality also applies to many other facets of life and the law: To landlord/tenant disputes, where families endure substandard housing conditions out of fear of eviction; to contracts, where consumers become trapped in cycles of debt and bankruptcy because retailers employ usurious credit terms; to families, where women endure physical abuse because they have little faith in law enforcement or the courts. The legal profession, however dedicated to pro bono service, will always lack the credibility integral to forging strong attorney-client relationships so long as it bears little resemblance to the clientele it purports to represent. ...

The challenge in the years ahead is to employ the immense creativity of the legal profession in our quest for One America. As judges, you well know that lawyers are a clever lot; consider some of the more creative causes of actions or criminal defenses or prosecution theories you have heard over the years. This creativity can and should be harnessed in service of the cause of diversity. For instance, whatever your views on affirmative action, I believe that there are many ways to diversify our own ranks while avoiding the divisive debates that have undermined such efforts in the past. Bar associations can work harder to promote mentorship programs for minority lawyers. Law schools can improve outreach efforts at single-sex and traditionally black colleges. Private practitioners can establish apprenticeship programs in conjunction with area public schools. These are all solutions that defy the notion that progress in the legal profession is a zero-sum game. ...

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Similar creativity is needed when taking on pro bono assignments in pursuit of racial justice. Lawyers possess and employ skills every day that far exceed the bounds of traditional courtroom advocacy. The transactional lawyer who negotiates commercial deals might set up financing for an inner-city revitalization project. A litigator's experience with high-pressure settlements might empower her to initiate a dialogue between community leaders and law enforcement representatives on issues such as racial profiling and excessive use of force. An in-house corporate attorney might put her talents to use in helping a minority-owned business succeed. A lobbyist might use his connections to develop ways to improve financing of local schools. The list of possibilities is as boundless as the creativity and innovation present in our legal community.

As state chief justices...you can actively promote diversity in the legal profession and greater pro bono participation in areas of racial justice. ... You have the power to set the standards to which lawyers in your respective jurisdictions will aspire. (And) lead by example. Over time, your own hiring practices tell a story about your commitment to diversity. Make affirmative efforts to solicit and encourage applications from minority candidates. Re-assess your own selection criteria with an eye to leveling the playing field. Consider an applicant who does not enjoy all the socioeconomic and cultural advantages of her peers. I think you will be pleasantly surprised at the breadth of talented, qualified, applicants who are eager for the chance to prove themselves. ...

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