Trial Magazine

In 2021, AAJ created a new program aimed at increasing racial diversity in the plaintiff bar. Spearheaded by President Navan Ward Jr. and the Diversity and Inclusion Committee, the “Member Firm Pledge to Act” calls on plaintiff law firms to commit to addressing issues that have adversely impacted their recruitment, retention, and promotion of minority attorneys.

In 2021, four leading American legal associations were headed by Black presidents. In September, Carlos Moore (NBA), Navan Ward Jr. (AAJ), Douglas Burrell (DRI), and Reginald Turner (ABA) met to discuss furthering diversity, equity, and inclusion in the legal profession. Copyright © 2021 Galv Media.

Ward says the motivation for the pledge came from the ABA’s 2019 Profile of the Legal Profession, which compiles 10 years of attorney demographics data—the data shows slow progress in achieving diversity in the legal profession. The ABA’s 2021 report shows that Blacks and Hispanics comprise just 4.7% and 4.8% of all lawyers in the U.S., respectively; the percent of Native American attorneys dropped over 10 years; and the percent of Asian American attorneys increased by only 1.7%.

Because the plaintiff bar overall represents more diverse clients than the defense bar, explained Ward, it should be leading the way in law firm diversity. To that end, member firms that sign the pledge agree to have a thoughtful discussion on how to foster diversity within their law firms and implement initiatives to support diversity and inclusion. They also agree to address any issues that have impacted their recruitment, hiring, and retention of minority attorneys and to make efforts to include and increase minority attorney representation through hiring and promotion.

Ward explained that the goal is for firms to “have a thoughtful discussion of how to foster diversity,” but that this will look different for each firm and that “hiring need not always be the benchmark.” For instance, small firms or sole practitioners that do not hire on a regular basis can still take action, Ward said, by seeking out minority co-counsel, referring cases to minority attorneys, and helping to promote minority attorneys—in leadership positions within local bar associations, in multidistrict litigation leadership opportunities, and in other areas where minority attorneys are underrepresented.

Ward said that “a strong plaintiff bar is a diverse plaintiff bar.” And when plaintiff firms work to increase minority representation and support diversity and inclusion, he added, they are doing the right thing in addition to making an economically wise choice. Hiring attorneys from diverse backgrounds can help firms connect better with increasingly diverse clients and jurors, Ward noted. He pointed to his experience as a minority attorney and how his unique background helped him and his law firm successfully represent clients. Likewise, Ward said his professional success—and his ability to serve as AAJ president—would not have been possible without his law firm’s support.

AAJ encourages all firms to sign the Pledge to Act by visiting www.justice.org/community/pledge-to-act. Those that sign will be asked to complete periodic firm surveys to gauge the pledge’s overall progress. Ward says firms need not stop with signing the pledge since so many opportunities exist for firms and members to foster diversity in the plaintiff bar. For example, firms can offer to host Minority Caucus events or members can invite minority attorneys to attend AAJ events. Firms can also show their support for the Pledge to Act by posting their commitment on their website and by inviting other plaintiff law firms to sign on.