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The Importance of Attracting and Retaining Gay Attorneys

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Historically, law firms have been conservative environments, and as a result, gay attorneys (which includes gay, lesbian, bisexual, and transgendered attorneys) have largely kept their sexual orientations to themselves out of fear of being ostracized, rejected, and discriminated against. Many of us have witnessed or heard of stories in which a very highly regarded attorney's sexual orientation was somehow disclosed (or leaked) to his or her firm, resulting in negative consequences for the attorney.
Some of those consequences may be subtle — whispers in the hallways, feeling distance from those one once felt close to. Other consequences can be more professionally damaging, such as no longer working with the top attorneys in the firm (if those attorneys are homophobic) or finding that the quality of one's work plummets after the disclosure is made.
 
The Importance of Attracting and Retaining Gay Attorneys

While law firms have traditionally been unfriendly to gay attorneys and staff, changing a firm's atmosphere can be done — and many firms are doing so with great success. While it may not be easy, as discussed in detail below, it is vitally important for firms that want to remain competitive in the marketplace, and there are some concrete steps that firms can take to help create a comfortable working atmosphere for gay attorneys.

Why Firms Should Care about Attracting Gay Attorneys


There is a very simple reason that firms should care about attracting and retaining gay attorneys: to help recruitment and retention of staff. Attrition rates in law firms, especially at the associate level, are at an all-time high, and firms simply cannot afford to lose up to 10% (the estimated percentage of the general population that is gay) of their attorneys because those attorneys do not feel comfortable at their firms. Gay attorneys have always made significant contributions to the law, regardless of whether their peers were aware of their sexual orientation, and in today's incredibly competitive recruiting environment for the top lawyers, firms can only benefit from pulling from a larger pool of attorneys.

Diversity also conveys a loud message that the culture of the law firm is one of inclusion, and as a consequence of this message, the firm is bound to attract the best attorneys from all walks of life. With the competition between firms so high, firms that create an atmosphere where the top gay attorneys as well as their straight counterparts are comfortable practicing law will have an advantage over those that do not place emphasis on this important issue.

Moreover, an employer's acceptance of gay and lesbian attorneys is very important to today's law students and prospective lateral attorneys. In fact, law students and potential laterals often ask questions about a firm's policy toward diversity, including the policies and benefits provided to gay attorneys, even if the prospective employee is not gay. Diversifying the firm's attorneys and providing quality benefits to all attorneys is perceived as the "right" thing to do, and many attorneys are attracted to firms that hire diverse pools of candidates and provide open environments of teamwork and equal opportunity.

Firms are also feeling increased pressure from their clients to increase diversity and provide an atmosphere of inclusion for gay attorneys. Clients often ask for the firm statistics regarding gay and lesbian attorneys, and some gay business owners are more comfortable working with gay attorneys, or at least firms that support gay attorneys.

Below are several guidelines for creating a firm environment that welcomes gay attorneys:

1. Create a Firm Environment Where Gay Attorneys Feel Comfortable Being Themselves.

When attorneys are uncomfortable in their professional environment, they are more likely to maintain a level of secrecy between themselves and others, which can foster a negative environment filled with gossip and speculation. If a firm creates an environment where gay attorneys are comfortable disclosing their orientation, they will be more likely to remain at the law firm long-term and attract additional gay attorneys to the firm.

There are a number of ways to create a comfortable environment for gay attorneys. First and foremost, the firm must demand a respectful workplace environment. This means creating and enforcing a no-tolerance policy for discriminating comments or practices, which should include sanctions for those who fail to comply. Additionally, firms should use language of inclusion to create a comfortable environment, including gender-neutral terms such as "significant other" or "partner." Finally, firms should offer diversity and anti-discrimination training which includes sensitivity training toward gay attorneys and staff.

2. Report Statistics.

Encourage the firm's attorneys to disclose their status, and report the firm statistics on the annual National Association for Law Placement (NALP) form. These statistics are published on an annual basis in the NALP Directory, which is available for job-hunting law students and laterals.

The NALP Directory is often one of the first places that law students and laterals look for firm statistics. Regardless of their own race or sexual orientation, many of these potential employees are interested in the levels of diversity at firms because, as discussed above, diversity signals an environment of inclusion and openness, something that is very important to young attorneys.

3. Create a Firm Website That Highlights the Firm's Efforts to Recruit Diverse Attorneys, Especially Gay Attorneys.

Many law firms that are committed to recruiting gay attorneys have dedicated specific sections of their websites to highlighting their firms' recruiting efforts and their support of gay organizations, including lists of the specific organizations they sponsor and/or participate in. Other firms provide lists of questions that gay attorneys should consider when deciding where to work, focusing on such factors as whether domestic benefits are offered and whether the firm supports and demands an open and affirming environment for its attorneys and employees.

4. Provide Benefits for Domestic Partners.

Take a look at the benefit plan for the firm's attorneys and employees, and whenever the word "spouse" is mentioned, "domestic partner" should apply as well. This should include offering health, dental, and other insurance benefits, as well as bereavement or caretaking leave, access to employee assistance programs, survivor benefits to employees' domestic partners, and pension benefits.

Making benefits available for domestic partnerships sends a very strong message to gay attorneys and law students that the firm is committed (especially financially) to the advancement of gay attorneys in law firms and that all attorneys, regardless of sexual orientation, are treated equally.

5. Create an Internal Committee to Develop the Firm's Diversity Initiatives.

It is vital for law firms to develop internal committees composed of firm representatives focused exclusively on implementing diversity initiatives. Members of the committee should be representatives of the firm, including diverse attorneys and members of the executive, management, and associate committees. The focus of the group should be on diversity outreach, recruitment, and retention of diverse attorneys.

As part of these efforts, this group may want to participate in gay legal professional associations, such as the National Lesbian and Gay Law Association. Not only will these efforts attract and maintain diverse candidates, but they will also send a message to the firm's attorneys that diversity is an important firm issue.

6. During the Recruiting Process, Show Potential Hires That the Firm Is Accepting of All Types of Attorneys.

One way firms are attracting gay attorneys is by making gay candidates feel more comfortable during the recruiting process and letting them know that there are other gay attorneys at the firm. This can be accomplished by bringing diverse attorneys together with recruits to get to know the potential hires and to communicate to them that the firm is committed to attracting and retaining gay attorneys.

Many gay law students still shy away from midsize and large law firms for fear of being mistreated or forced to remain "in the closet." Firms that permit recruits to meet their diverse attorneys, get to know the firm, and see firsthand that the firm is sensitive to different types of people are going to be much more successful in recruiting and retaining gay attorneys. One way to accomplish this is by participating in job fairs designed specifically for gay attorneys. Firms can also participate in pro bono programs focused on providing legal services to the gay community.

7. Create an Internal Mentoring Program for the Firm's Attorneys.

Internal mentoring programs help retain and support associates as they develop their careers in law firms. Many firms have formal mentoring programs in which associates are asked to fill out detailed questionnaires about their concerns, practice area foci, and interests, and based on the responses, the associates are paired with partners with similar interests and concerns. This can provide a young gay associate the opportunity to be paired with a more experienced gay attorney who may have dealt with many of the issues and concerns on the mind of the associate. Successful mentoring relationships help associates integrate into the firm and assist them with their professional development.

8. Publish Newsletters.

Some of the larger firms with ample resources have begun publishing newsletters on a regular or semi-regular basis that highlight legal issues affecting the gay community and may even identify and/or highlight the firm's openly gay attorneys.

The Good News

The good news with respect to all of this is that many firms are succeeding in attracting and retaining more talented gay attorneys and creating environments in which these attorneys are comfortable "coming out."

According to NALP, the number of openly gay, lesbian, bisexual, and transgendered lawyers increased by more than 50% from 2002 to 2006. Openly gay attorneys now represent about 1.8% of associates and 1.1% of partners in law firms. Moreover, more than 20% of NALP member firms are providing gay and lesbian attorneys the opportunity to self-identify, and in some of the largest cities in the nation, that statistic jumps to almost 40% of NALP member firms.

For example, according to statistics collected by NALP, in 1996 (the first year in which firms were given the opportunity to report their numbers of openly gay attorneys), only 11 out of the 25 largest New York-based law firms reported having any gay attorneys, while in 2003, 24 out of the same 25 firms reported they employed openly gay attorneys. (The 25th firm did not list itself in the NALP Directory that year.)

For more information about law firm diversity, see our Diversity Resources.

While it is not easy to change the culture and environment of a law firm, many law firms are showing that it can be done successfully, and those firms are reaping the benefits of their work. They are attracting and retaining the best of the best, regardless of attorneys' sexual orientations.

For more information about diversity, see the following articles:
 
Learn more about law firm diversity in this in-depth book:

Law Firm Diversity: How Race, Gender, Age, Social and Economic Divisions Impact the Hiring, Retention and Advancement of Law Firm Attorneys

 
 
Interested in Learning More About Legal Hiring? Read the Definitive Guide:

How to Hire a Legal Recruiter for Your Law Firm: How Law Firms Recruit Attorneys Using Legal Recruiters



About Harrison Barnes

No legal recruiter in the United States has placed more attorneys at top law firms across every practice area than Harrison Barnes. His unmatched expertise, industry connections, and proven placement strategies have made him the most influential legal career advisor for attorneys seeking success in Big Law, elite boutiques, mid-sized firms, small firms, firms in the largest and smallest markets, and in over 350 separate practice areas.

A Reach Unlike Any Other Legal Recruiter

Most legal recruiters focus only on placing attorneys in large markets or specific practice areas, but Harrison places attorneys at all levels, in all practice areas, and in all locations-from the most prestigious firms in New York, Los Angeles, and Washington, D.C., to small and mid-sized firms in rural markets. Every week, he successfully places attorneys not only in high-demand practice areas like corporate and litigation but also in niche and less commonly recruited areas such as:

This breadth of placements is unheard of in the legal recruiting industry and is a testament to his extraordinary ability to connect attorneys with the right firms, regardless of market size or practice area.

Proven Success at All Levels

With over 25 years of experience, Harrison has successfully placed attorneys at over 1,000 law firms, including:

  • Top Am Law 100 firms such including Sullivan and Cromwell, and almost every AmLaw 100 and AmLaw 200 law firm.
  • Elite boutique firms with specialized practices
  • Mid-sized firms looking to expand their practice areas
  • Growing firms in small and rural markets

He has also placed hundreds of law firm partners and has worked on firm and practice area mergers, helping law firms strategically grow their teams.

Unmatched Commitment to Attorney Success - The Story of BCG Attorney Search

Harrison Barnes is not just the most effective legal recruiter in the country, he is also the founder of BCG Attorney Search, a recruiting powerhouse that has helped thousands of attorneys transform their careers. His vision for BCG goes beyond just job placement; it is built on a mission to provide attorneys with opportunities they would never have access to otherwise. Unlike traditional recruiting firms, BCG Attorney Search operates as a career partner, not just a placement service. The firm's unparalleled resources, including a team of over 150 employees, enable it to offer customized job searches, direct outreach to firms, and market intelligence that no other legal recruiting service provides. Attorneys working with Harrison and BCG gain access to hidden opportunities, real-time insights on firm hiring trends, and guidance from a team that truly understands the legal market. You can read more about how BCG Attorney Search revolutionizes legal recruiting here: The Story of BCG Attorney Search and What We Do for You.

The Most Trusted Career Advisor for Attorneys

Harrison's legal career insights are the most widely followed in the profession.

Submit Your Resume to Work with Harrison Barnes

If you are serious about advancing your legal career and want access to the most sought-after law firm opportunities, Harrison Barnes is the most powerful recruiter to have on your side.

Submit your resume today to start working with him: Submit Resume Here

With an unmatched track record of success, a vast team of over 150 dedicated employees, and a reach into every market and practice area, Harrison Barnes is the recruiter who makes career transformations happen and has the talent and resources behind him to make this happen.

A Relentless Commitment to Attorney Success

Unlike most recruiters who work with only a narrow subset of attorneys, Harrison Barnes works with lawyers at all stages of their careers, from junior associates to senior partners, in every practice area imaginable. His placements are not limited to only those with "elite" credentials-he has helped thousands of attorneys, including those who thought it was impossible to move firms, find their next great opportunity.

Harrison's work is backed by a team of over 150 professionals who work around the clock to uncover hidden job opportunities at law firms across the country. His team:

  • Finds and creates job openings that aren't publicly listed, giving attorneys access to exclusive opportunities.
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  • Provides ongoing guidance and career coaching to help attorneys navigate interviews, negotiations, and transitions successfully.

This level of dedicated support is unmatched in the legal recruiting industry.

A Legal Recruiter Who Changes Lives

Harrison believes that every attorney-no matter their background, law school, or previous experience-has the potential to find success in the right law firm environment. Many attorneys come to him feeling stuck in their careers, underpaid, or unsure of their next steps. Through his unique ability to identify the right opportunities, he helps attorneys transform their careers in ways they never thought possible.

He has worked with:

  • Attorneys making below-market salaries who went on to double or triple their earnings at new firms.
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  • Attorneys in small or remote markets who assumed they had no options-only to be placed at strong firms they never knew existed.
  • Partners looking for a better platform or more autonomy who successfully transitioned to firms where they could grow their practice.

For attorneys who think their options are limited, Harrison Barnes has proven time and time again that opportunities exist-often in places they never expected.

Submit Your Resume Today - Start Your Career Transformation

If you want to explore new career opportunities, Harrison Barnes and BCG Attorney Search are your best resources. Whether you are looking for a BigLaw position, a boutique firm, or a move to a better work environment, Harrison's expertise will help you take control of your future.

Submit Your Resume Here to get started with Harrison Barnes today.

Harrison's reach, experience, and proven results make him the best legal recruiter in the industry. Don't settle for an average recruiter-work with the one who has changed the careers of thousands of attorneys and can do the same for you.


About BCG Attorney Search

BCG Attorney Search matches attorneys and law firms with unparalleled expertise and drive, while achieving results. Known globally for its success in locating and placing attorneys in law firms of all sizes, BCG Attorney Search has placed thousands of attorneys in law firms in thousands of different law firms around the country. Unlike other legal placement firms, BCG Attorney Search brings massive resources of over 150 employees to its placement efforts locating positions and opportunities its competitors simply cannot. Every legal recruiter at BCG Attorney Search is a former successful attorney who attended a top law school, worked in top law firms and brought massive drive and commitment to their work. BCG Attorney Search legal recruiters take your legal career seriously and understand attorneys. For more information, please visit www.BCGSearch.com.

Harrison Barnes does a weekly free webinar with live Q&A for attorneys and law students each Wednesday at 10:00 am PST. You can attend anonymously and ask questions about your career, this article, or any other legal career-related topics. You can sign up for the weekly webinar here: Register on Zoom

Harrison also does a weekly free webinar with live Q&A for law firms, companies, and others who hire attorneys each Wednesday at 10:00 am PST. You can sign up for the weekly webinar here: Register on Zoom

You can browse a list of past webinars here: Webinar Replays

You can also listen to Harrison Barnes Podcasts here: Attorney Career Advice Podcasts

You can also read Harrison Barnes' articles and books here: Harrison's Perspectives


Harrison Barnes is the legal profession's mentor and may be the only person in your legal career who will tell you why you are not reaching your full potential and what you really need to do to grow as an attorney--regardless of how much it hurts. If you prefer truth to stagnation, growth to comfort, and actionable ideas instead of fluffy concepts, you and Harrison will get along just fine. If, however, you want to stay where you are, talk about your past successes, and feel comfortable, Harrison is not for you.

Truly great mentors are like parents, doctors, therapists, spiritual figures, and others because in order to help you they need to expose you to pain and expose your weaknesses. But suppose you act on the advice and pain created by a mentor. In that case, you will become better: a better attorney, better employees, a better boss, know where you are going, and appreciate where you have been--you will hopefully also become a happier and better person. As you learn from Harrison, he hopes he will become your mentor.

To read more career and life advice articles visit Harrison's personal blog.


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