Washington Lawyer - March/April 2024 - 15

FEATURE
grams specifically to diverse first- and second-year law students, effectively
discriminating against nonwhite applicants.
" Excluding students from these esteemed fellowships because they are
the wrong race is unfair, polarizing and illegal, " Blum said in a statement
at the time the suits were filed.
In all three cases, Blum cited the 1866 Civil Rights Act, which was passed
after the U.S. Civil War to protect the rights of former slaves of African descent.
The law defined citizenship and affirmed that citizens are equally
protected under the law, spelling out rights regarding real and personal
property, giving evidence in court, and entering into and enforcing contracts.
Perkins
Coie offered fellowships to law school students who are people
of color, identify as LGBTQ, or have a disability. Successful applicants
were paid at summer associate rates and awarded stipends to help with
tuition costs. Morrison & Foerster's Keith Wetmore Fellowship for Excellence,
Diversity, and Inclusion was open to 1L students " who are members
of historically underrepresented groups in the legal industry, " similar
to Winston & Strawn's 1L LCLD Scholars Program.
After the firms agreed to change their program criteria, AAER dismissed
the lawsuits.
Perkins Coie's website now states that its methods " may evolve over time
as the legal landscape changes, " but that its commitment to DEI will " remain
steadfast. " Currently, its Diversity & Inclusion Fellowship Program is
open to " all students in good standing " at their schools. The firm asks for
a one-page personal statement " identifying connections " between applicants'
life experiences and " the broader goal of advancing diversity,
equity, and inclusion in the legal profession. " Morrison & Foerster and
Winston & Strawn similarly opened applications to all students.
Beyond pressuring firms to reframe how they present their diversity fellowships,
it's not clear what Blum believes he accomplished with these
lawsuits. He told a Bloomberg reporter in an interview that he had no
additional plans to sue more law firms. " There's nothing left for us to do
in that space, " Blum said.
ROBERT GREY
Leadership Council on Legal Diversity
But in an email exchange
with Washington
Lawyer, Blum
said the Bloomberg
report " didn't include
the full context in
which I made that remark, "
pointing to a
December 6 press release
when his group
dismissed its lawsuit
against Winston &
Strawn.
" Winston & Strawn
published revised criteria
which no longer
is limited by race.
Winston & Strawn
notes that an applicant's
race is not to
be among the factors
its newly revised program
will consider
and will comport with
the opinion in Students
for Fair Admissions
v. President and
Fellows of Harvard College, "
the AAER press
release said.
In letters, Blum also
had threatened lawsuits
against Hunton
Andrews Kurth LLP,
Adams and Reese LLP,
Fox Rothschild LLP,
and Susman Godfrey
L.L.P.
JOSEPH K. WEST
Duane Morris LLP
Regarding Susman
Godfrey, " It is now apparent that in recent days, the firm has discreetly
made significant changes to both programs, " the AAER said in its December
6 statement. In response to AAER's demand letter, the firm said its diversity
fellowship for 1L students is " open to all students who have overcome
personal or systemic hardships or disadvantages, including those
who self-identify with a group that is underrepresented in the legal profession. "
The
firm also " quietly changed " terms of a cash award for diverse students
tied to a summer internship to remove an offer of employment,
AAER claimed.
NOT BACKING DOWN
Certainly, the lawsuits go to the very foundation of law firms' efforts to
bridge the diversity gap in the legal profession, including the underrepresentation
of women and minorities at the partnership level. And, if anything,
the fall of affirmative action is prompting companies and firms to
reexamine their diversity programs and find ways to recruit more widely
and take proactive measures to retain and advance people through their
careers.
" From a profession-wide perspective, it has definitely injected a lot more
dialogue into the ecosystem, " says Joseph K. West, partner and chief DEI
officer at Duane Morris LLP in Washington, D.C. " I don't think that's necessarily
a bad thing to think about what you're doing and ask yourself
whether or not it's working the way it should work. And whether or not it
is legally sound, " West says.
" If you are able to ensure that what you are doing advances laudable
goals of inclusion and inclusiveness, in a way that is almost agnostic as to
advancing any particular racial constituency to the disadvantage of others,
then you can accomplish your objectives, " he says.
LCLD is encouraging its members to reexamine their diversity programs
to make sure they are compliant with the way the law is being interpreted
now. The organization is offering guidance through informational
programming and by working with members to address specific concerns.
Grey emphasizes that LCLD's pipeline and talent development proMARCH/APRIL
2024 * WASHINGTON LAWYER 15
Washington Lawyer - March/April 2024

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