2015 May/Jun - Diversity & The Bar Magazine

MCCA

THE BAR

Empowering People. Inspiring Leadership.

Meet the 2014 LMJ Scholars KEEPING THE NEXT GENERATION OF LAWYERS ENGAGED

A CATALYST PROGRAM FOR MINORITY LAWYERS WORTH COPYING

DAVID ESTRADA: CHAMPION OF THE DISABLED

MEET AFLAC’S GC AUDREY BOONE TILLMAN

M AY. J U N . 2 0 1 5

DIVERSITY

&

Get involved.

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Join MCCA Today.

The Minority Corporate Counsel Association (MCCA) is the premier source of learning, knowledge and future-oriented research on diversity and inclusion for the in-house legal profession. We provide resources, education, ideas and networking to enhance the power and performance of this community. Since 1997, MCCA in-house legal department members have been committed to diversity and inclusion.

Not in-house counsel? MCCA has the Law Firm Affiliate Network (FAN) to support and acknowledge law firms that are committed to advancing diversity and inclusion in the legal profession.

If you are interested in joining a dynamic group of legal professionals committed to diversity and inclusion, visit www.mcca.com/membership for details or call 202.739.5901.

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CONTENTS

Visit www.mcca.com for the latest information on our events, awards and research.

FEATURES

14 Meet the 2014 LMJ Scholars and

the Future of the Legal Profession

By Glenn Cook MCCA’s flagship scholarship program embodies the mission of the organization by allowing diverse law students to pursue their dreams.

Meet the 2014 class.

18 It’s All in the Extended Family

By Lydia Lum Since the late 1990s, all nonwhite lawyers at DuPont and the firms that the company primarily engages as outside counsel have automatically been members of the all-volunteer network, whether they are entrylevel associates or senior partners. Lawyers who are current and former participants believe their career paths would have been steeper without opportunities made possible by the network. Could your organization implement a similar program?

22 Keeping the Next Generation of Lawyers Engaged

By Patrick Folliard The early years in the legal profession are tough enough without the added discomfort that can sometimes come with being a minority. In some parts of the country, this feeling of being out of place in the work force among diverse associates leads to a real problem in the retention of minority attorneys. Find out how IMAGE is changing that.

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MCCA® BOARD OF DIRECTORS MAY.JUN.2015

Stuart Alderoty

Sandra Leung

Dawn Smith

Ricardo Anzaldua

Don H. Liu

Mary E. Snapp

Michelle Banks

Gwen Marcus

Senior Executive Vice President & General Counsel HSBC North America Holdings Inc. Executive Vice President & General Counsel MetLife, Inc.

COLUMNS 6 | NOTES FROM THE PRESIDENT & CEO 8 | DIVERSE PROFESSIONAL DEVELOPMENT Law Firm Collaboration Fosters D&I, eh

By John F. Clifford

9 | BUSINESS TRANSACTIONS

Corporate Governance: Gatekeepers and the SEC

By Alonzo L. Llorens

1 1 | LITIGATION MATTERS

Don’t Be Afraid To Be Afraid

By Craig A. Thompson, Esq.

Executive Vice President, General Counsel & Secretary Xerox Corporation

DEPARTMENTS

Suzan Miller

Neil Wilcox

Owner & Founder Brown Law Group

Corporate Secretary, Vice President, Deputy General Counsel Intel Corporation

A.B. Cruz III

Robbie E.B. Narcisse

Michael Williams

Janice P. Brown

Executive Vice President & General Counsel Emergent Biosolutions Inc.

Clarissa Cerda

Chief Legal Strategist LifeLock Inc.

Anthony K. Greene

Executive Vice President Jamison Insurance Group

Vice President of Global Ethics and Business Practices Pitney Bowes Inc. Corporate Legal Department

Samuel M. Reeves

Senior Vice President, General Counsel Walmart International Legal

Robin Sangston

Simone Wu

Senior Vice President, General Counsel, Corporate Secretary & Chief Compliance Officer

Joseph K. West

Board Members Emeritus

President & CEO

Design/Art Direction

MCCA® Staff

Editor-in-Chief

Advertising

PUBLICATIONS STAFF Joseph K. West

Kimberly A. Howard, CAE

Chief Administrative Officer & General Counsel Starwood Hotels & Resorts Worldwide Inc.

BonoTom Studio Inc.

M.J. Mrvica Associates Inc.

Thomas L. Sager, Ballard Spahr LLP Hinton J. Lucas Catherine A. Lamboley Lloyd M. Johnson, Chief Legal Executive LLC

Stacy Banks Shikha Bhatnagar Mahzarine Chinoy David Chu Donna Crook Charles H. Hollins Jr. Behnaz Mistry Aracely Muñoz Petrich Andrea Pimm

GENERAL INFORMATION Advertising For advertising inquiries, contact M.J. Mrvica Associates Inc. at mjmrvica@mrvica.com.

2 7 | SPOTLIGHTING

3 0 | LAWYER’S LANTERN

Permissions and Reprints Reproduction of Diversity & the Bar in whole or in part without permission is prohibited. To obtain permission, visit www.mcca.com/dbmagazine and click on reprint request.

3 3 | NEWS YOU CAN USE 3 4 | MOVERS & SHAKERS

Executive Vice President & General Counsel Staples Inc.

Kenneth S. Siegel

Vice President & Assistant General Counsel JP Morgan Chase Legal Department

General Information and Address Changes Send your questions, complaints and compliments to MCCA®, Kim Howard, CAE, Editor in Chief, kimhoward@ mcca.com. Address changes should be sent to membership@mcca.com.

James T.R. Jones

By Lekan Oguntoyinbo

Former General Counsel—Chase Card Services JP Morgan Chase & Co.

President & CEO Minority Corporate Counsel Association

2 4 | PERSEVERANCE IN PROFILE

Audrey Boone Tillman of Aflac

By Lydia Lum

Senior EVP & Chief Legal Officer CBS Corporation

VP/Chief Compliance Officer Cox Communications Inc.

Jean Lee

MCCA® Membership Please visit www.mcca.com/ membership for membership information.

David Estrada: Champion of the Disabled

By Tom Calarco

Corporate VP, Deputy General Counsel Microsoft Business Development and Evangelism

Lawrence P. Tu

1 2 | GENERAL COUNSEL INSIGHT A GC’s Top Five Rules for Outside Counsel

By Miguel Rivera Sr.

Senior Vice President, Chief Compliance Officer & Secretary VMware

Executive Vice President, General Counsel Showtime Networks Inc.

Executive Vice President, Global General Counsel, Corporate Secretary & Chief Compliance Officer Gap Inc.

1 0 | CAREER EVOLUTION

The Role of Soft Skills in Your Professional Development Plan

By DeAnna D. Allen

Senior Vice President, General Counsel & Corporate Secretary Bristol-Myers Squibb Company

Copyright Copyright® 2015 by the Minority Corporate Counsel Association, ­Diversity & the Bar is published six times a year and is distributed to supporters and subscribers, 1111 Pennsylvania Avenue, NW, Washington, DC 20004.

The information contained in this publication has been provided to the Minority Corporate Counsel Association (MCCA®) by a variety of independent sources. While MCCA makes every effort to present accurate and reliable information, MCCA does not endorse, approve or certify such information, nor does MCCA guarantee the accuracy, completeness, efficacy or chronological sequence of any such information. Use of such information on the readers’ part is entirely voluntary, and reliance upon it should be undertaken only upon independent review and due diligence. References to any commercial product, process or service by trade name, trademark, service mark, manufacturer or otherwise shall not constitute or imply endorsement, preference, recommendation or the favor of MCCA. MCCA (including its employees and agents) assumes no responsibility for consequence resulting from the use of the information herein, or in any respect for the content of such information, including (but not limited

to) errors or omissions; the accuracy or reasonableness of factual or other data, including statistical or scientific assumptions, studies or conclusions; the defamatory nature of statements; ownership of copyright or other intellectual property rights; and the violation of property, privacy or personal rights of others. MCCA is not responsible for, and expressly disclaims and denies liability for, damages of any kind arising out of use, reference to or reliance upon such information. No guarantees or warranties, including (but not limited to) any express or implied warranties of merchantability or fitness for a particular use or purpose, are made by MCCA with respect to such information.

Copyright in this publication, including all articles and editorial information contained herein, is exclusively owned by MCCA, and MCCA reserves all rights to such information.

MCCA is a tax-exempt corporation organized in accordance with section 501(c)(3) of the Internal Revenue Code.

Its tax ID number is 13-3920905.

NOTES FROM THE PRESIDENT & CEO |

BY JOSEPH K. WEST

It’s Time to Be More I RECEIVED A CALL FROM A LARGE LAW FIRM PARTNER who lives in Baltimore as that city had its recent turn in the curious spotlight that tends to follow those all too familiar tragic incidents that arrive tinged with racial overtones. He said wearily, “What’s happening to my B’More?” It was a reminder of the universal import of the principles of inclusiveness and the fact that every organization—whether public or private, and regardless of purpose—needs the tools to implement these principles in a meaningful way.

Annually, when we create the agenda for our Pathways to Diversity Conference, we focus on three tracks: talent optimization, global diversity and inclusion, and inclusive leadership and management. We fill our panels with general counsel and other c-suite executives who are not only leaders in their organizations, but in the legal industry. Their shared expertise and your ability to benchmark your organization are two excellent reasons to attend the conference. If you want to round out the “reasons to attend list” with a third, it’s the built-in networking time. Visit www.mcca.com/pathways to review our conference agenda, register or to find out about sponsorship opportunities for this June 29 event.

On the heels of our Pathways to Diversity Conference is the MCCA Diversity Gala on June 30 that honors leading corporate law departments and individuals who champion diversity and inclusion. This year, we are excited to recognize the Hon. Deval L. Patrick as our Lifetime Achievement Award honoree. We also have Microsoft General Counsel Brad Smith as our keynote speaker. The Dance Theatre of Harlem will be the night’s entertainment. Richard Lui, news anchor from MSNBC and NBC, will be our host and, all of this will take place at the Kennedy Center for the Performing Arts. What a beautiful venue to showcase our annual award winners. Details about the Diversity Gala can be

6 D I V E R S I T Y & T H E B A R MAY.JUN.2015 MCCA.COM

found at www.mcca.com/gala. I hope to see you there.

This month’s cover story is about our LMJ Scholarship recipients. Established in 2004, the LMJ Scholarship program seeks to nurture the academic and professional careers of outstanding law students and advance the diversity pipeline to the legal profession.

The first class of scholars started receiving money in 2005, so 2015 marks the 10-year anniversary for this groundbreaking program that helps diverse law students. Because the scholarship program is such an important part of MCCA’s history, we wanted to do more than just showcase the current recipients. We wanted to follow the career trajectories of previous scholars and find out how they are giving back. So, over the next several issues of Diversity & the Bar, you will see a series of articles that follows up with them. For details about our LMJ Scholarship program, please visit www.mcca.com/scholarships.

We appreciate your continued support of MCCA and our collective dedication to the mission of making the legal profession better by making it more inclusive.

It is a mission that is universal and one, which allows each of us to “Be More.”

MCCA_law

www.facebook.com/mcca.law

Call for Authors ®

Everyone has a story.

Everyone has expertise.

Let’s put those together and help you get published.

If you are interested in writing for Diversity & the Bar® or you have a story idea, please contact:

Kim Howard, CAE Editor-in-Chief kimhoward@mcca.com www. mcca.com/ dbmagazine

1111 Pennsylvania Avenue NW Washington, DC 20004 202.739.5909 (P) 202.739.5999 (F)

DIVERSE PROFESSIONAL DEVELOPMENT | BY JOHN F. CLIFFORD

Law Firm Collaboration Fosters D&I, eh THE LEVEL OF ENGAGEMENT, INVESTMENT and experience of law firms with diversity and inclusion efforts falls on a broad spectrum and indeed is quite diverse, even amongst firms of similar size and resources. While external consultants can help firms identify and navigate some of the more obvious issues, firms often lack opportunities to share their experiences and practices amongst themselves and collectively promote diversity and inclusion.

But, a group of Canadian law firms has done just that through its Law Firm Diversity and Inclusion Network (LFDIN).

Founded in 2013, LFDIN is a group of Canadian law firms committed to working together to promote diversity and encourage a culture of inclusion in their firms and the broader legal profession. LFDIN’s

LFDIN has had a real impact on law firm diveristy and inclusion efforts during its short existence.

Statement of Principles, which is signed by the CEO/Managing Partner of each member firm, acknowledges that diversity and inclusion is a core value of each firm and states, “We believe that valuing and enhancing diversity and inclusion will help us attract and retain the best talent and better serve our clients’ needs in an evolving global marketplace.”

The principles go on to state specific activities that members will undertake to practice and advance diversity and inclusion.

At its inception, LFDIN was comprised of 16 firms, most of them national firms with large offices in Toronto. The network now has 27 members and includes regional firms and boutiques.

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LFDIN meets several times a year in Toronto, and these meetings recently have been supplemented by meetings in Vancouver and other smaller centers attended by representatives in those cities to discuss matters of relevance in their local markets. Member firms have shared experiences on topics such as measuring diversity within firms, diversity training, diversity consultants, reflection rooms and affinity groups. And they have received presentations from third parties on related topics such as the local bar association investigating the challenges faced by racialized lawyers and paralegals in Ontario and considering strategies for enhanced inclusion at all career stages.

The creation and work of the Legal Leaders for Diversity and Inclusion was a motivating reason for LFDIN’s formation. Currently comprised of 75 general counsel from many of Canada’s leading corporations, LLD was formed to create a forum for members to declare their support and commitment for creating a more inclusive legal profession and supporting diversity initiatives within their organizations.

In September 2012, LLD hosted a summit of law firm managing partners and senior lawyers to discuss the role law firms could play

to create a more diverse legal profession in Canada, in particular in establishing a working group that could tackle some of the systemic issues related to the creation of a more inclusive legal profession.

That summit was a precursor to formation of LFDIN. Importantly, LFDIN is a collaborative effort. Firms take turns developing agendas for and hosting meetings, and no firm leads the group.

LFDIN does not take decisions that commit member firms to action (or inaction). Its principal function is a forum for discussion and exchange of ideas and experiences.

LFDIN has had a real impact on law firm diversity and inclusion efforts during its short existence. More member firms now gather diversity census data and survey their firm members about ­inclusion-related activities, and inhouse counsel from LLD member companies’ mentor law firm associates from diverse backgrounds on diversity-related topics. Simply knowing what has worked (or not worked) at a firm allows member firms to identify and adopt good— and we hope in some instances best—practices for creating a more inclusive work environment and profession. It’s the Canadian way, eh. ■ JOHN F. CLIFFORD (john.clifford@mcmillan. ca) is a partner in the business law group of McMillan LLP (Toronto, Canada). He is a member of the McMillan’s Inclusion and Diversity Committee and the firm’s representative on the Law Firm Diversity and Inclusion Network. McMillan was a founding member of LFDIN.

BUSINESS TRANSACTIONS | BY ALONZO L. LLORENS

Corporate Governance: Gatekeepers and the SEC WITH INCREASED SCRUTINY FROM INVESTORS and regulatory bodies, along with a complex legal and economic environment, good corporate governance plays an ever important role in the success or failure of our companies. This point has been made abundantly clear recently as we see the level of activity within the Securities and Exchange Commission’s Division of Enforcement reach record numbers.

For example, the SEC brought a record 755 enforcement actions in 2014 compared to 676 in 2013.

Equally noteworthy, the SEC obtained orders totaling $4.16 billion in disgorgement and penalties in 2014 compared to $3.4 billion in 2013. The SEC attributes these substantial increases to new investigative approaches and the innovative use of data

As such, the SEC’s efforts to bring enforcement actions against “gatekeepers,” who include directors, lawyers and accounts, should not go without notice. and analytical tools. As such, the SEC’s efforts to bring enforcement actions against “gatekeepers,” who include directors, lawyers and accountants, should not go without notice.

On June 23, 2014, SEC Chairwoman Mary Jo White gave a speech at the 20th Annual Stanford University Directors’ College titled “A Few Things Directors Should Know About the SEC.” In this speech, White pointed out that while the term “gatekeeper” typically refers to auditors, lawyers and

others who “have professional obligations to spot and prevent potential misconduct,” she emphasized that company directors serve as their most important gatekeepers.

In discharging their fiduciary duties, directors must establish expectations for senior management and the company, and set the critically important “tone at the top” for the entire company, White noted. In addition to suggesting that directors consider outside views such as from shareholders and regulators, White advised that directors should: ■■ Ask difficult questions.

■■ Insist on answers when questions arise.

■■ Never ignore red flags.

To illustrate the level of attention and priority the SEC is giving to the role of gatekeepers, she cited two recent enforcement actions.

The first case related to an action brought against an animal feed company, its top executives and its audit committee chair. The SEC alleged massive accounting fraud, but management and the audit chair failed to take adequate steps to investigate and disclose it to investors.

The other case related to the SEC’s allegation that a coal company and its founder engaged in fraud by making false disclosures about who

was running the company. Additionally, the SEC brought an action against the company’s audit committee chair for allegedly signing an annual report that the audit chair knew, or should have known, contained a false Sarbanes-Oxley certification.

To the extent gatekeepers learn either of fraud or other misconduct, effective response and mitigation strategies should be employed, which should potentially include self-reporting, White said. In this regard, White noted that self-­ reporting “generally leads to a more favorable outcome to the organization than trying to hope nobody notices undesirable behavior.”

As should be clear, the SEC takes the issue of holding gatekeepers accountable seriously. Understanding who the SEC views as a gatekeeper is critically important because the SEC is clearly willing and ready to bring actions against these individuals when appropriate. Of particular significance is the fact that counsel, both in-house and outside, are deemed to be “gatekeepers,” which means that simply giving counsel to either management and/or directors on how to handle matters correctly may not always be enough. A humbling thought indeed. ■ ALONZO L. LLORENS (allorens@gordonrees. com) is a partner with Gordon & Rees LLP and a member of the Business Transactions Practice Group.

MCCA.COM MAY.JUN.2015 D I V E R S I T Y

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CAREER EVOLUTION | BY DEANNA D. ALLEN

The Role of Soft Skills in Your Professional Development Plan FOR MANY YEARS, I HAVE OBSERVED THAT LAWYERS diligently work long hours in an effort to produce near-perfect work, leaving no time (or energy) to develop relationships and connections that could significantly boost their career trajectories. If you have this tendency, then it is time to rebalance and adjust your professional development plan accordingly.

For most of us, the first in-depth introduction to the legal industry involved three years of processing seemingly endless amounts of information as part of honing our research, analysis and communication skills. How many of us do not vividly remember the 1L year of law school? Whether due to the general nature of the law school grading process, the rigors of the 1L experience or something else

The fundamentals learned in law school are “table stakes” in most workplaces. These skills are needed to get and keep the job, but they are merely prerequisites. entirely, many practitioners carry the blueprint used for law school success into the workplace. Indeed, the law school blueprint has a proven track record, and the skills learned in law school remain critical well after passing the bar. But, it is important to understand that the law school blueprint is a starting point. The fundamentals learned in law school are “table stakes” in most workplaces. These skills are

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needed to get and keep the job, but they are merely prerequisites.

I gradually have come to the conclusion that while each individual attorney naturally is better at certain things and worse at others than his or her peers, the range of overall capability in competitive legal environments falls within a fairly narrow band. The process of differentiating among talent within this narrow band is obviously a critical endeavor that routinely determines who gets meaningful career opportunities. This process also is extremely subjective. Now, I am sure some folks would argue that talent primarily is distinguished based on relative mastery of objective fundamentals and that lawyers who supervise are good at making these kinds of evaluations.

That, however, is not consistently true, and when it is, it tends to best apply at the extremes. Both the exceptionally gifted and the chronically unmotivated can readily be rooted out from a pool of gifted people. Outside of the extremes, differentiating among talent can be as much a function of whose mistakes and whose successes linger in memory as anything else.

It is my observation that, all else being (very) roughly equal, attorneys with strong soft skills

have more advantageous relationships and, not surprisingly, have their successes remembered longer and their slips forgotten more quickly (or not noticed at all). As a result, these soft-skill aficionados tend to have more desirable career opportunities.

Extending the blueprint theme, you can think of it this way: Executing on a well-designed blueprint likely will result in a solidly built house with a great layout, top-of-the-line fixtures, etc.

There is a reason, however, that housing developers engage stagers to decorate their model homes.

Intangibles such as how relatable, comfortable and secure the model home seems to potential buyers can separate it (and thus the entire development) from the competition and, quite frankly, can smooth over less-desirable features. Bear in mind, though, that if the model has mold in the basement or is within earshot of the airport, no amount of staging is going to work for most buyers. But, if the basic fundamentals are in order, then the intangibles can make a critical difference.

Well-honed, authentic soft skills have similar potential.

Next time, I will share several examples of soft skills that have worked for seasoned lawyers. ■ DEANNA D. ALLEN (dallen@cooley.com) is a partner at Cooley LLP and a member of the Intellectual Property Litigation and Patent Counseling & Prosecution practice groups.

LITIGATION MATTERS | BY CRAIG A. THOMPSON, ESQ.

Don’t Be Afraid To Be Afraid

TRIAL LAWYERS ARE, IN ESSENCE, WELL-DRESSED WARRIORS. Warriors are driven, strong and courageous—and they are also full of fear. The idea of a fearless warrior is a myth. This is an important lesson for trial lawyers–especially younger trial lawyers–and should not be discounted. From the first (or 50th) deposition to the first (or 100th) closing argument, the emotion of fear is a consistent presence in the litigation experience.

Fighter Mike Tyson—arguably the most dominant boxer of the 20th Century—famously stated that he was scared every time he stepped into the ring. He was able to transmute his intense fear into a shield of courage and focus, and it yielded tremendous results. This thinking became deeply ingrained in his psyche by his first trainer, the great Cus D’Amato, who told him: “I tell my kids, what is the difference between a hero and a coward? What is the difference between being yellow and being brave? No difference. Only what you do. They both feel the same.

They both fear dying and getting hurt.

The man who is yellow refuses to face up to what he’s got to face. The hero is more disciplined, and he fights those feelings off, and he does what he has to do. But they both feel the same, the hero and the coward. People who watch you judge you on what you do, not how you feel.”

For trial lawyers, fear is a difficult emotion to embrace. To outsiders, the acceptance of fear can be viewed as a weakness.

To those who understand the power of harnessing fear, it should be considered a resource for strength. Behavioral psychologists have taught us about the “fight or flight” phenomenon, a psychological response first described by Walter Cannon in the 1920s. With this response, our brains react to the adrenaline produced in our system by fear of a threat to our

system, and focuses our behavior on abandoning or tackling the perceived threat.

To truly tackle and defeat any perceived threats to our system—which includes a poor outcome for our client—we must acknowledge the fear that drives our behavior. There is nothing weak about that. In fact, the ability to fully harness the power of fear can be considered a necessary skill set for trial lawyers. The “fake it till you make it” notions of the past are outdated.

Our clients require results and results that are driven by purposeful and authentic drive and power. Power driven by an acknowledgement of uncertainty or (dare I say) fear is genuine power and should be fully embraced to move the needle toward successful results for our clients.

Remember ‘What’s Past is Prologue”

If you are reading this, you are already on the move. You have already overcome obstacles. You have already dominated the competition to secure great results. But, you still get a sense of uncertainty and concern over the litigation process and what may or may not happen. Remember the things you relied upon in the past, and recall the feelings you had when you put your head down, rolled up your sleeves and put in massive amounts of work to get it done. Those positive results will be there … again.

“ Fear isn’t an excuse to come to a standstill.

It’s the impetus to step up and strike.”

—Arthur Ashe

Establish a Personal Board of Directors

Success requires focus, and sometimes we need a village to get us there. Create a “personal board of directors,” a team of trusted advisors who have been there and done that. Be bold and smart enough to call on them from time to time, and be candid with them about your experiences and what would be helpful. Knowing that you are not alone, or experiencing something that has not been faced and conquered before by others you trust, is essential to success.

Always ask ‘What’s The Why?’

There is a reason why we do what we do, both personally and professionally. There is a “why” for each move on the litigation chess board that forms our actions. Friedrich Nietzche reminded us that “if [we] know the why, [we] can live any how.” Do not hesitate to remind yourself of the bigger picture and you will work diligently to overcome any real or perceived obstacles in your path. ■ CRAIG A. THOMPSON, ESQ. (cathompson@venable.com) is a partner with Venable LLP and an experienced trial lawyer with close to 20 years of experience representing clients in civil cases in federal and state courts throughout the country. He is a board member of the International Association of Defense Counsel (IADC). Contact him on Twitter at www.twitter.com/ getcraig and LinkedIn at www.linkedin.com/in/ craigathompson.

MCCA.COM MAY.JUN.2015 D I V E R S I T Y

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GENERAL COUNSEL INSIGHT | BY MIGUEL R. RIVERA SR.

A GC’s Top Five Rules for Outside Counsel

THE RELATIONSHIP BETWEEN OUTSIDE counsel and the general counsel can be extremely rewarding, successful and long-lasting, or the relationship can be frustrating, short term and oppositional. Much depends on how the two interact and define the relationship. Good, long-term relationships are built on trusted partnerships that meet the company’s needs cost effectively and efficiently.

There are certainly things the GC can do to improve the relationship, such as being sensitive to time constraints; proactive; being a partner not a dictator and paying the bills on time. But there are also things outside counsel can do that will make the relationship successful and long-lasting. Here are my top five tips for outside counsel:

Successful relationships are built on mutual trust, respect, cooperation, communication and a shared sense of partnership.

1. View the Relationship as Long Term: Too many times outside counsel seeks to bill as many hours as possible on a single matter—making the most out of the billable time rather than making the most of the relationship. This is short-term thinking, and though you may maximize hours billed on this file, you risk not receiving work in the future.

Seeing the relationship as long-term helps avoid this pitfall and does much to ensure future work.

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2. Submit Reasonable Budgets and Manage to the Budget: Time and effort spent at the beginning of the matter thinking through the costs and hours required and putting that thought into a well-organized budget creates credibility and gives the client predictability. But a good budget is only as good as your ability to manage to it and deliver as promised. Unpredictable surprises cannot be avoided, but mismanaged failure to meet budget promises is unacceptable.

3. Manage the Surprises: Practicing law is not always predictable, and surprises can come out of nowhere—manage those times with particular attention to communication. Don’t delay telling the GC about the surprise and expect to explain why the surprise happened, the potential repercussions, the alternatives and your recommendations. Do this without being defensive, show empathy to the client and offer to help the GC communicate the surprise to upper management.

Sharing the responsibility goes a long way.

4. Learn Your Client’s Business: On a busy day with a lot going on, nothing can be as frustrating to the GC as outside counsel

who just doesn’t get the business. Look for opportunities to learn the client’s business, understand its politics and know what outside events affect your client’s business success. This engenders confidence and a sense of partnership. It helps make you a better, more informed advocate.

5. Create Partnership: The GC wants to know that she can pick up the phone and call outside counsel and that her problems will be understood and addressed and that it won’t cost her an arm and a leg. It’s that simple. Being the GC’s partner in problem-solving, meeting deadlines, removing obstacles and communicating hard news, is, in the end, what every GC really wants from outside counsel.

Rewarding and successful relationships between outside counsel and the GC can mean many years of successful representation for the outside counsel and business and legal success for the GC. The client’s needs can be met, and expenses can be managed. Successful relationships are built on mutual trust, respect, cooperation, communication and a shared sense of partnership. ■ MIGUEL R. RIVERA SR. is the former DSVP and general counsel for Payless ShoeSource.

MCCA provides a variety of events that all feature substantive content, dialogue and networking around the diversity and inclusion conversations. We then help you turn conversation into reality.

Our 2015 event schedule is below.

June 30

The MCCA Diversity Gala, Washington, DC: this special evening honors corporate legal departments for industry leadership and achievements in their diversity programs.

Oct 5-6

CLE Expo, San Diego, CA: a two-day educational conference that provides advanced educational seminars focused on leading topics of interest to the corporate legal community and unsurpassed networking opportunities.

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PLUS: The Academy for Leadership and Inclusion: a groundbreaking, interactive training program designed to learn about diversity and inclusion principles which can be implemented at your organization. Hosted in seven cities throughout the year.

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The Pathways to Diversity Conference, Washington, DC: a full-day educational conference focused on global diversity, inclusive leadership and talent optimization.

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June 29

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For event details, please visit www.mcca.com/events.

Certain levels of MCCA membership provide complimentary registration to these events.

To find out if your legal department or law firm belongs to MCCA or to join, please visit www.mcca.com/membership. For sponsorships, email sponsorship@mcca.com.

Meet the 2014 LMJ Scholars and the Future of the Legal Profession

By GLENN COOK JIALI “KELI” HUANG HAS DREAMED OF BEING an attorney since she moved to the United States with her parents at the age of eight.

But her path to law school was fraught with family obligations and financial roadblocks that would have deterred all but the most determined individuals.

Jiali “Keli” Huang MCCA Scholar Yeshiva University, School of Law

In 2010, Huang graduated cum laude from SUNY Binghamton with a bachelor’s degree in philosophy, politics and law and minors in business, Chinese and global studies. Law school, however, was four years away.

“When I first graduated, I was helping my parents start a business during the day and working at night as the overnight manager at Hollister,” says Huang, the first in her family to attend college. “It would have been easy to start working and never go back to school, but I was adamant about staying on track. The work I will have the opportunity to do as a lawyer is very, very important. It’s my dream.”

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Thanks to the LMJ Scholarship program, Huang has a financial head start to make that dream a reality.

One of 15 recipients in the 2014 class, the 10th such group to receive the scholarships, Huang is completing her first year at the Benjamin N. Cardozo School of Law at Yeshiva University.

The LMJ Scholarship grants $10,000 to highly qualified but financially challenged students who are interested in pursuing a corporate law career. Almost 150 law students have received more than $2.85 million since 2004. MCCA, at its sole discretion, can award additional money to recipients for their second and third years of law school.

“The scholarship will help the start of my legal career by providing me with more flexibility in choosing a career path,” says Victor Salcedo, another scholarship recipient who is a first-year student at Harvard

Victor A. Salcedo Nationwide Scholar Harvard Law School

Law School. “I will feel less pressured to make money and be more comfortable pursuing my desires to help people and diversify the legal field.”

How the Legal Field Makes an Impact

Although their backgrounds and individual stories are different, most of the 2014 recipients are first- or second-­generation Americans who witnessed their parents struggle to succeed. They see how the legal field, especially one that reflects the country’s increasingly diverse population, can make a difference.

“I saw how my parents struggled as immigrants, especially when they were working in the sweatshops,” says Huang, who grew up in Brooklyn. “No one

around them knew what was going on, and they relied on me to advocate and be their translator. It really inspired me to be able to help them one day.”

Salcedo, whose parents were undocumented child immigrants from Mexico, grew up in a low-income community in California. In college, he worked in the courthouse in Compton and became involved with the UCLA Law Fellows and JusticeCorps. He says the “sense of some of the inequities and unfairness that plague communities like my own” is the reason he wants to pursue a law career.

“As a child, I thought the relationship between my community and the law was supposed to be adversarial,” he says. “I became interested in the legal field because I wanted to find out if the law could be used as a beneficial tool for low-income communities.”

Aldel Brown, the son of Jamaican immigrants, is at Harvard after graduating from Howard University in Washington, D.C. While a student at Howard, he co-founded the Shining Starts Montessori Academy Public Charter School and held jobs with the U.S. House of Representatives and the U.S. Department of Justice.

“MCCA has given me the opportunity to have funding for an education, while gaining the endorsement to try something in the private sphere,” says Brown, who remains vice chairman of the charter school. “Those are my interests, finding a way to merge the public with the private and helping public and private entities remain legally sound and legally viable.

I want to learn and develop and gain the tools necessary to bring a good marriage to the two sides.”

Third-Grade Scrapbook Predicts Legal Future Aldel ML. Brown Microsoft Scholar Harvard Law School

Like Huang, Brown has been interested in the legal profession since he was a child. During a brief phone conversation between classes, Brown says he still holds

on to a third-grade scrapbook entry in which he wrote that he would be a lawyer someday. His parents, who moved to the Boston area from Jamaica in the early 1980s, instilled in him the values of hard work and determination.

“As a child of first-generation immigrants, I grew up with a strong sense of the importance of family reaching back and helping others,” Brown says. “I want to be a lawyer to help everyone and anyone understand the law and make it more tangible and practical.”

After helping her parents establish their laundromat, Huang spent more

Delvin S. Turner MCCA Scholar, University of California, Los Angeles, School of Law

than three years as a legal support analyst in the attorney general’s office in New York state. There, she says, her parents’ struggles and those of other low-income families again showed her the power she could have in being a lawyer.

“My parents are small business owners, and the 2008 economic crisis definitely hurt their business,” she says.

“When I worked with the attorney general’s office, I had an opportunity to work on issues that dealt with the housing crisis, and I saw how much of an impact that the intersection of business and the law has.

It deepened my interest in giving back.”

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LMJ SCHOLARS

Farzeen Tariq Walmart Scholar Northwestern University, School of Law Frances R. Ha MCCA Scholar Boston College, School of Law

Taifha Baker MCCA Scholar Georgetown University, School of Law

Maybelline Mena-Hadyka Microsoft Scholar New York University, School of Law

Suman K. Momin MCCA Scholar Duke University, School of Law

Delvin Turner grew up in a low-income, working class family in Pittsburgh’s Hill District. Unlike his fellow scholarship recipients, he is not a first- or second-generation immigrant, but the experiences of his family and those in his community shaped his decision to pursue the legal field.

“I knew I wanted to be an attorney the moment I studied Thurgood Marshall in elementary school and saw how the law could be used as a vehicle for change,” Turner says. “It seemed to me that studying law could empower me with the skills and knowledge necessary to not only overcome my childhood circumstances but also help others confront their problems.”

Turner worked his way through college and knew the cost of his education was “mine alone to shoulder.”

He says the MCCA scholarship will alleviate most of the financial challenges he otherwise would have faced, ones he believe will ultimately affect his career path.

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“The financial support will enable me to make career decisions based on how I can develop and grow professionally—as opposed to how I can pay back loans effectively—which is a key distinction that will help me become a better attorney,” he says.

Tapping into the LMJ Network

One key aspect of the scholarship is the mentoring that each recipient receives from the LMJ sponsors, a group of 60 leading corporations and law firms, and other MCCA scholars. For most, that mentoring and opportunities for networking are just as valuable as the financial reward.

“The MCCA scholars are members of a small group of exceptional students,” says Taifha Natalee Baker, a first-year student at Georgetown University who is focusing on employment and insurance law. “I will be able to use that network to … tap into a plethora of re-

Maya A. McKenzie MCCA Scholar Georgetown University, School of Law Pamela E.U. Nwaoko Microsoft Scholar Harvard Law School

Rachel Velasquez PitneyBowes Scholar Vanderbilt University, School of Law

Sohayl Vafai Robert Half Scholar University of California, Berkley, School of Law Ke’Andra N. Levingston Chevron Scholar Harvard Law School

sources when I need help with a specific class or advice on my legal career.”

Huang says she has not had traditional mentors, just “anyone who I could talk to who would give me their perspective.” But she found one during interviews for the scholarship: MCCA Board Member Jean Lee, vice president and assistant general counsel for JPMorgan Chase.

“I’ve found mentors in the most unexpected ways,” Huang says. “In the case with Jean, we have similar experiences. She also immigrated when she was eight.

Her family operated a small business. She saw the difficulties her parents had in operating a business and all of the legal issues that arise when you don’t have an advocate. So we share a lot of common ground, and that has been helpful as I’ve started law school.”

Huang looks back on the experiences that have shaped her to this point and says they will help her become a better lawyer in the long run.

Syeda N. Tasnim MCCA Scholar New York University, School of Law

“My parents are proud, but only to a certain extent, because they aren’t educated and don’t exactly understand what this means to me,” she says. “At first, they weren’t exactly supportive because they thought it would take me away from the family. They didn’t seem to understand that this will help them in the long run.”

Today, she’s happy that she didn’t give up on her childhood dream, despite what she describes as a “really challenging” class load.

“I can see that my stamina isn’t the same as it was when I was in college the first time,” she says. “But my appreciation is probably deeper. I’m grateful that I’m finally in law school, pursuing the dream I always wanted, and I know I’m fortunate that MCCA gave me that chance.” ■ GLENN COOK (glenncook117@gmail.com) is a freelance writer and photographer who lives in Northern Virginia.

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It’s All in the Extended Family

By Lydia Lum

How DuPont’s affiliated network of minority lawyers helps boost diversity efforts and individual professional success.

W

H E N S A L O A L E J O I N E D A L A W F I R M as a first-year associate in 1995, he was the sole Pacific Islander in its Minneapolis office, where most of his colleagues and bosses had never met an American Samoan.

Furthermore, no one at work had attended the same university or law school as Ale, so there

were no alumni to turn to. Although he felt acceptance and collegiality, he was initially unsure how to increase his chances of becoming a partner in the overwhelmingly white environment.

But through the DuPont Minority Counsel Network, Ale met lawyers of color from dozens of other firms who had similar professional and personal narratives. He gained insight and support by talking with them at conferences and during the course of working together on legal matters for E.I. du Pont de Nemours and Co. “It was good for my soul, and it was good to rejuvenate and have pep talks,” Ale says.

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Ale is among hundreds of minorities who credit DuPont and its race-based network for providing key opportunities for fellowship and professional development. This includes becoming acquainted with Caucasians at the law firms who are relationship managers to DuPont.

Since the late 1990s, all nonwhite lawyers at DuPont and the firms that the company primarily engages as outside counsel have automatically been members of the all-volunteer network, whether they are entry-level associates or senior partners, all working in a variety of practice areas. At the time of the network’s inception, many of the firms employed so few minorities that they could sometimes be counted on one hand. But through the affinity group, they formed a critical mass.

Lawyers who are current and former participants believe their career paths would have been steeper without opportunities made possible by the network.

Jerry Gonzalez, founder of the Milwaukee-based Gonzalez Saggio & Harlan LLP, recalls how the emergence of the DuPont model and network coincided with the early years of him and his partners marketing the firm to corporations.

At the time, they had difficulty convincing officials at major companies that their minority-owned firm had the talent and resources to meet their needs. So Gonzalez and his partners didn’t hesitate to prove their capabilities by working for DuPont—whether it was serving as national lead counsel or as local counsel to other firms—and marketing the accomplishments to other companies until the latter issued them work.

Today, Gonzalez Saggio & Harlan, which employs more than 65 percent minorities and/or women as lawyers, is one of the largest, certified minority-owned law firms nationwide with 16 offices. The firm specializes in representing mid-size and Fortune® 500 corporations and public agencies.

“The DuPont model brought us major work,” Gonzalez says. “The opportunities

helped us solidify our practice at a national level much sooner than we would have otherwise. It probably would have taken us another decade to become national in litigation and government relations if it hadn’t been for the DuPont model.”

Meanwhile, one-time partners and associates of other law firms have exchanged crucial business referrals with each other through the Minority Counsel Network.

Count Leslie T. Thornton among the beneficiaries. In 2004, a Washington, D.C.-based firm recruited her as its first African-American female partner. At the time, the firm had but two African-­ American, male partners—one of them a recent promotion. Despite assurances from the firm’s leadership that they backed their diverse partners, Thornton nonetheless welcomed business contacts from other MCN members, which helped boost her firm’s revenue stream.

“The practice of law by its very nature automatically pits two or more lawyers against each other as adversaries,” Thornton observes. “But I never experienced any competition among lawyers in the network. Everyone was very supportive.”

Back in Minneapolis, Ale became a partner at his firm in seven years. Although he believes the promotion would have occurred without his accessing the MCN, he says its members helped shorten his climb.

“The No. 1 thing that I learned through the network was how minority lawyers break through the glass ceiling and become successful,” Ale says. “The opportunity to talk face to face with other minorities was invaluable.”

He adds that most lawyers in the network faced the same challenge within their firms. “We knew we could do the work and do it well. But it was a matter of demonstrating that we could bring new business to our firms and service those clients.”

Friendships among MCN members also have proven useful during career moves.

When Thornton left private practice for the top in-house job at WGL Holdings

Salo Ale

Leslie T. Thornton

Jerry Gonzalez

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Across all industries, many corporate legal chiefs still doubt the abilities of nonwhites to shoulder complicated cases, but Thornton quickly points out that she has “not had a single bad experience” with any of her minority-led teams of outside counsel.

Inc. and Washington Gas Light Co., she asked a network member who had been legal chief at another utility company about her experiences. When Ramona Romero was under consideration for the top in-house post at Princeton University—her first foray into academia—one of her references was a high-profile litigator who became familiar with her work through the MCN. Because the litigator represented nationally known elected officials and major organizations, his name easily complemented Romero’s roster of supporters who were mentors and previous supervisors.

While holding in-house positions at DuPont and one of its joint-venture offspring, she was active in the MCN for 12 years. At one point, Romero was volunteer chairwoman of the network and a minority counsel conference that DuPont convenes annually to celebrate lawyers’ achievements, expand business development and explore ways to recruit, retain and promote attorneys of color. Romero and other former MCN participants say the conference has provided additional ways to hone leadership skills and polish public speaking abilities.

These experiences served Romero well when she was president of the Hispanic National Bar Association in 2009, the year that President Obama nominated then-appellate judge Sonia Sotomayor for the U.S. Supreme Court.

Critics labeled Sotomayor a racially biased, activist jurist. They questioned her long-ago, out-of-court remark about how a person’s gender and national origin might influence a judicial ruling, specifically that Sotomayor hoped “a wise Latina with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”

The Senate confirmation process included testimony from Romero, who, in her HNBA role, stressed that nothing

in Sotomayor’s judicial career indicated racial bias. Romero explained how Sotomayor’s record and commitment to fairness, impartiality and upholding the Constitution indicated that she was not an activist but a jurist who adhered to rule of law. The following month, Sotomayor was confirmed to the high court.

“The leadership opportunities within the [MCN] allowed me to develop poise,” says Romero, who has been Princeton’s general counsel since December. “I would

Ramona Romero

not have conducted my HNBA presidency the way I did without the leadership experiences and skills that I sharpened within the network, nor without the support from my colleagues in the network.”

She adds, “I would feel comfortable with any former or current member of the network contacting me and identifying himself or herself in that manner. The network enables its members to meet so many types of people, you feel that you can interact with anyone.”

Paying it Forward

Just as MCN participants have helped each other, many of them aid minority practitioners and students outside the network by bridging gaps in support and resources.

As senior vice president, general coun-

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sel and corporate secretary of WGL Holdings Inc. and Washington Gas Light Co. since 2012, Thornton estimates that about 80 percent of outside counsel whom she has hired have been minorities in the Beltway region. Even if the legal matter is outside the practice area of a lawyer of color, Thornton still engages one of them as the relationship partner so that he or she can obtain credit for securing WGL’s business for the firm.

“I was once in the same position as many of these lawyers,” Thornton says.

“This is my way of trying to help them find success in the increasingly competitive environment of Big Law. It wasn’t long ago that somebody helped me when I was a law firm partner, that somebody helped all of us in the MCN.” Across all industries, many corporate legal chiefs still doubt the abilities of nonwhites to shoulder complicated cases, but Thornton quickly points out that she has “not had a single bad experience” with any of her minority-led teams of outside counsel.

She, Romero and other former MCN participants have also mentored lawyers of color in and out of the network as a way of paying back their gains.

Meanwhile, Gonzalez and his partners have launched and furthered diversity initiatives throughout the legal profession, especially in states where the firm has offices. The 16 offices are in 13 states— two each in Florida and California—and Washington, D.C. As one example, Gonzalez Saggio & Harlan co-sponsored a 2010 workshop focused on minority lawyer career development, the first program by the Tennessee Bar Association’s racial and ethnic diversity committee. Thomas Sager, then-general counsel at DuPont, was the event’s keynote speaker.

“DuPont’s emphasis on diversity and inclusion coincides with the mission of our law firm,” Gonzalez says. “Whenever we

open a new office, we look at the legal and surrounding communities in that state to try to make a positive impact.

It’s important for us to make a difference whenever we come into a new state.”

On the other hand, some former MCN participants have woven their pay-it-forward efforts into their daily surroundings.

When Ale was a law firm partner in Minneapolis, he often hosted brownbag lunches for the minority associates—who rarely numbered in the double digits—at his firm so they could share priorities and concerns with each other.

Now that Ale is attorney general for his native American Samoa, he mentors college students who are office interns, encouraging them to apply to law school.

Furthermore, he hasn’t forgotten his mainland experience of being in a tiny minority population. So Ale aggressively recruits Caucasians and Asian-Americans to the two-year contract lawyer jobs in the AG’s office.

Currently, three of the 14 positions are held by American Samoans, the remainder by minorities.

“We learned a true sense of responsibility, that we’re not just practicing law to make money,” Ale says, referring to his MCN involvement. “It’s important to maintain standards of the legal profession and to represent facets of our respective ethnic communities.”

Create Your Own Support Circle

Many workplaces lack an affiliated network such as MCN, so Romero and others suggest that minority lawyers get involved with bar associations of color.

“It’s always good to have more friends than fewer friends,” Romero says. “Find like-minded people with whom you can connect and learn from.”

Thornton echoes this. “It’s a life-changing experience to walk into a hotel ballroom and see 300 or more black women who are there to learn from and support each other.”

When Thornton reflects on her years in private practice, she has a tough time believing that without participating in the DuPont network she would have had the same level of success at a firm where she was the only African-American female partner.

“Learning from experienced lawyers who look like you is invaluable,” she says. “I cannot imagine anyone in the network not having benefited from it.” ■ A freelance writer and editor, LYDIA LUM (lydialum999@yahoo. com) is a former reporter for the Houston Chronicle and Fort Worth Star-Telegram.

How DuPont’s Vision Affected My Career

By Lisa Gilford MY FIRST BUSINESS development opportunity as a young lawyer came along in 1998, when a senior partner at my former firm asked me to attend a meeting of minority lawyers at DuPont, one of his key clients. I had not worked with this partner before, nor had I done any work for DuPont, but undaunted, I boarded a plane bound for Wilmington, Del., to represent the firm. I did not know it then, but I had been handed an opportunity that would perhaps be the most significant and meaningful of my career—one I now credit for setting me on a path that led to partnership and a successful litigation practice at Skadden.

The inaugural meeting of the DuPont Minority Counsel Network was held in 1998. It was the brainchild of diversity champion J. Michael Brown, who envisioned a network of DuPont’s outside and in-house attorneys of color united around the goal of increasing the diversity of DuPont’s legal team and the profession as a whole. DuPont’s leadership, including Tom Sager, Hinton Lucas and Janet Bivins, among others, shared the vision and devoted their energy and talents into making the MCN a reality.

The impetus behind the MCN was to foster connection. By providing a forum for its lawyers of color to talk regularly, DuPont could help forge business relationships, encourage meaningful mentoring, cultivate professional development and promote attorneys of color into visible positions of leadership. My career is a testament to the power of that idea. After that first MCN meeting, I began to work on DuPont matters and developed close relationships with its in-house team. The senior partner at the firm became a valued mentor, sponsor and advocate, and it is doubtful we would have formed such a close relationship had DuPont not given us an occasion to do so. MCN members began to refer business to me. I made partner and later moved laterally to Skadden, where I still proudly represent DuPont.

For 18 years, DuPont’s MCN has made a significant impact on the lives of its members and serves as a shining example of what can be accomplished when we band together around diversity and inclusion.

LISA GILFORD (lisa.gilford@skadden.com) is a partner in the litigation and trial group of Skadden, Arps, Slate, Meagher & Flom LLP.

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The early years in the legal profession are tough enough without the added discomfort that can sometimes come with being a minority. In some parts of the country, this feeling of being out of place in the workforce among diverse associates leads to a real problem in the retention of minority attorneys.

Keeping the Next Generation of Lawyers Engaged

By Patrick Folliard

I

N PORTLAND, THE OREGON MINORITY LAWYERS ASSOCIATION is addressing the challenge head on with IMAGE (Inspiring Minority Attorneys Toward Growth and Excellence), a program designed to support racial and ethnic minority attorneys in their first three years of practice.

“Sometimes minority students come to Oregon and enjoy the law school experience but then feel alienated in the professional arena,” explains Derily Bechthold, deputy city attorney for the City of Portland and one of the IMAGE program’s founders. For instance, she continues, “young lawyers of color at firms might hear that clients can’t relate to them. IMAGE helps them to counteract that way of thinking by advising minorities to speak up for themselves by stressing their value in terms of performance and marketability.”

Now in its third year, IMAGE annually creates a community of 20 attorneys who attend an all-day program with different speakers and panels that address issues relevant to young minority lawyers.

The day includes breakout sessions divided into groups interested in big firms, small firms, corporations and public service. Outside of the

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annual meeting, IMAGE pairs its participants with mentors, schedules networking events and offers CLEs. Participants get to know each other as resources along with meeting local lawyers and judges on a personal level.

Some of the program’s dialogues are more intense than others. Bechthold cites an example: “Say you work at a DA’s office and you’re a black man. They have a case where they’re alleging the sheriff’s office shot someone because they’re black. They may assign a black attorney to that case for strategic reasons. How do you as an attorney deal with the ethical dilemma of your race being used as a strategic tool?” Because of the sensitive issues discussed, IMAGE strives to create a safe space by limiting participation exclusively to minority participants.

IMAGE is the first program of its kind. While many law firms and

government entities have their own retention and recruitment programs, IMAGE addresses recruitment versus retention, explains Bechthold, who identifies as biracial (half Asian and half white).

“In predominantly white Portland, lawyers are coming into firms with very established systems. And if you grow up in a different culture, you can have trouble fitting into the traditional paradigm. Instead of approaching firms, we bring it to an individual attorney level and build a community of support. We are doing a lot at the individual skill-building level. Here’s how you find allies, and these are people you can talk to, who understand how tough and discouraging it can be.”

Modeling IMAGE is very doable, Bechthold says. The lead-up year consisted mainly of finding funding. That was probably the hardest part. But after that it’s not difficult. You’re addressing ethnic and racial lawyers in their first three years—a very narrow subset, and our messaging to the lawyers is simple: ‘You belong in the legal

David Bartz

profession. Just because you might think differently than the majority of your firm or legal department doesn’t mean you don’t belong in the profession. You can do this.’ Anyone interested in modeling can reach out to us. We’d be glad to give them all the tools that we’ve used to develop the programming.”

David Bartz, the Portland-based president of Schwabe, Williamson & Wyatt and an IMAGE financial sponsor, agrees that IMAGE could easily be replicated anywhere that retaining minority lawyers is an issue. “We’re not doing anything sophisticated or particularly fancy. The program involves a couple of intensive days, ongoing lunches, phone calls and

Rebecca Guiao

model and is nationally recognized. But IMAGE is more specific. It is about the personal development of leadership skills and actual tools to navigate in the work environment as a person of color.

“As a legal employer, I think IMAGE amps things up,” Bartz says. “Creating a program not for students but for new lawyers makes it real. It discusses the struggles any new associate might expect as opposed to artificial speedbumps placed in their way because they’re minorities.

The program is for minorities by minorities with support from majority members of the bar like me. It’s authentic and does it better than anyone else does.”

For Bartz, promoting diversity has

“As a young associate, it’s easy to lose touch with the support system you build in law school,” Rebecca Guiao. old-fashioned mentoring. You need enthusiastic members and the desire to reach out and connect. Reaching out is a trademark of the Oregon legal community. Though other jurisdictions may be more cutthroat, I think it could still work for them.”

Those who founded the IMAGE program were also on the planning committee of Opportunities for Law in Oregon (OLIO), the Oregon State Bar’s recruitment and retention program for law students who can contribute to the bar’s historically or currently underrepresented membership. OLIO has been a national

been a longtime cause. “Growing up I caddied at a country club. If I put on a Lacoste shirt I could pass as a member, but my friends of color couldn’t. White privilege is real, and I think I feel it’s important to jump start connections for minorities.”

IMAGE addresses the expectations placed on minority attorneys that don’t necessarily match up with what they want to do or what their skill set is or strengths are.

IMAGE strives to help them find a balance between external pressures of what a traditional lawyer does and acts like and what they view as their internal authenticity.

A member of IMAGE’s inaugural 2013 class, attorney Rebecca Guiao says the program fosters terrific growth while allowing participants to remain true to who they are. “Transitioning from law school to the workplace was challenging for me as an Asian-American woman. I had to develop the confidence that others might have felt already. At the firm, I was hesitant to ask questions. The program helped me to realize that questioning is a beneficial skill.

Speaking up cultivates relationships.”

“Connecting on an intimate level with lawyers who had gone through or are going through the same challenges as me is invaluable,” continues Guiao, who began her legal career as an associate at Stoel Rives LLP in Portland and is currently looking for opportunities in the public sector. She says her time in the program has allowed her to develop confidence, a confidence she sees reflected in the women on the panels and other participants in discussion.

“As a young associate, it’s easy to lose touch with the support system you build in law school,” she adds. “Having a formal resource like IMAGE keeps you connected and allows you to build a network, and the program is very easy to work into your schedule. I continue to attend IMAGE networking events where I glean knowledge and support from both participants and organizers, people I might otherwise not get to know.” ■ PATRICK FOLLIARD (pfoll1@aol.com) is a freelance writer based in Silver Spring, Md.

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PERSEVERANCE IN PROFILE | BY TOM CALARCO

David Estrada: Champion of the Disabled

DAVID ESTRADA IS A CHAMPION IN THE HEARTS of many who have become disabled. In 1995, he was headed home on his motorcycle after a day of work as a police cadet for the Boston Police Department. He had wanted to go into law enforcement since second grade because he wanted to help people. Now, about to graduate with a degree in criminal justice, the door to his chosen career was opening.

“A car was taking a left turn and then at the last second took a right and knocked me off my cycle,” he says. “I slid off and slammed into a parked car. I don’t remember the impact, but I tried to sit up and couldn’t, and then I knew I was paralyzed.”

Estrada was rushed to the hospital, where they did emergency surgery, but it was hopeless.

His fourth thoracic vertebrate had burst and shards of bone had stabbed into his spinal cord.

“I was devastated,” he says. “I didn’t want to live anymore. You know, the usual things people go through when they experience something like this. I had just turned 23, and now I had to reevaluate my life.”

Up to this point, his life had focused on athletics, playing football, spending hours lifting weights and running. His formative years were spent in North Reading, Mass., and Clifton Park, NY. His parents had met in upstate New York when his father, who had been born in Mexico and was attending Texas A&M, went there for a summer job. One day when Estrada was in second grade, a police officer visited his school, and from that time on he wanted to be a police officer.

24 D I V E R S I T Y & T H E B A R MAY.JUN.2015 MCCA.COM

Instead, he was about to endure three months of rehabilitation, learning how to use a wheelchair and go about life without the use of his legs.

“Law school had never entered my mind until after my accident,” he says.

He had been living in an apartment with two of his classmates, who also were criminal justice ma-

was collecting disability checks, so he didn’t need to have goals or do anything with his life.

“I felt this is wrong, this is a trap,” he says. “Your incentive to go to work is diminished because you’re getting a check every month.

I wanted to change this.”

He thought a career in law might be the way to go.

“I always liked challenges,” he says, “and law school was the ultimate academic challenge.”

So, Estrada changed his life. But he didn’t just stop with law school.

He also took a full-time job working evenings at the Boston Police Department. He wasn’t about to let go of his dream of a career in law enforcement, and 20 years

I was devastated. I didn’t want to live anymore.

You know, the usual things people go through when they experience something like this. I had just turned 23, and now I had to reevaluate my life.

jors and preparing for a career in law enforcement. But it had three floors, and he needed something wheelchair accessible. Life was different now; he was a member of a minority group. It wasn’t easy to find an apartment that would accommodate him, but the ones he found were subsidized. He also

later, Estrada is still working his evening job with the Boston PD as a spokesperson for the department, in addition to a part-time day job and other responsibilities.

For the next six years, Estrada worked full-time nights and went to school full-time days, finishing both his bachelor’s degree in

criminal justice and his law degree, which included three internships, at Northeastern University.

But that wasn’t all he was doing.

During those years he also got into wheelchair racing—big time. He did 11 marathons, including five Boston Marathons, and numerous shorter distance races.

“I trained my body and brain,” he says of his unlimited energy.

“But I went a little overboard with the wheelchair racing. I started getting pain in my shoulder and back muscles and stopped racing. It was a decision I needed to make, to save what I have so I can continue to function using a wheelchair.”

Following law school, in 2002, Estrada learned that the local state representative was appointed to a judgeship, and he saw an opportunity in which he thought he could make a difference.

“I was one of six persons to run, and I ran as an Independent,” he says. “It was a once-in-a-lifetime opportunity. I think I knocked on 10,000 doors in West Roxbury and Brookline. You meet all different types of people and you have to be ‘on’ all the time. It was one of the toughest things, physically and mentally I’ve ever done. It was a great experience, but I don’t think I’d ever do it again.”

In 2006, he took up rowing, and with the help of functional electrical stimulation, he is now able to move his legs while rowing and provide exercise to his leg muscles.

Before FES, his legs had atrophied nearly to the bone and medical tests showed he had developed

David Estrada and his daugther.

osteoporosis. The rowing, which has become part of his regular routine, has considerably improved his condition and allowed him to build leg muscle.

A board member of the Greater Boston Chapter of the National Spinal Cord Injury Association, Estrada became involved with the organization following his accident in 1995. From 2005 to 2013, he served as its executive director. In this position, he advocated before state and federal legislators and agencies on behalf of persons with spinal cord injuies. This advocacy has been a component of his persona and his career. It’s a legacy of his

law school training.

“I feel like I’m practicing law all the time, even though I’m not in a law office or doing research,” he says.

Occasionally he dusts off his shingle and takes a case. “I represented a man who was living in the house of a woman who had died. There is no common law marriage in Massachusetts, and her family wanted to kick him out. I got him extra time to live there while I found him suitable housing. I’m always advocating for a good outcome, whether at the police department or here at Spaulding.”

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PERSEVANCE IN PROFILE

itation Hospital in Boston, where he had been a volunteer working with spinal cord injury patients.

Affiliated with Harvard Medicine, it is considered one of the nation’s finest rehabilitation and exercise research centers. Estrada oversees the day-to-day operations of the exercise center for persons with disabilities. Among his duties is the recruitment of study participants, something in which he already had experience. Though he no longer was participating in the Boston Marathon, he was asked to recruit disabled athletes for the marathon as part of his duties after he became its coordinator for disabled athletes in 2008.

“It’s a tight community—the disabled, the spinal cord injury association—all my jobs seem to interconnect,” he says, explaining how he got the position. “One of the police officers who had visited me when I was in the hospital was a runner. He introduced me to Bob Hall, the first person to complete the Boston Marathon in a wheelchair in 1975. At the time, he was the coordinator. Six years ago Bob decided to retire, and I got a call from someone in the police department, and they asked if I would be interested.”

Never one to pass up an opportunity, he jumped at the chance.

“It’s a lot of fun,” he says. “From Thanksgiving to Christmas, I recruit. I get athletes from Spain, Japan, Australia, France, all over.

Social media has been amazing— especially Facebook. It’s not labor intensive but time consuming.

There are categories for wheelchair: vision-impaired and mobility impaired athletes.”

Estrada was at the finish line on

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that fateful day in 2013 just before the bomb went off. As was customary, he had taken off the week from his police job because of the marathon.

“They start the wheelchairs earlier, and I had been watching them finish,” he says. “I had gone to the hotel, the Fairmont Copley Hotel, a block away, and I was in the lobby when I heard two loud booms and knew they were explosions because the hotel shook.”

Estrada, who was staying there for the day, as many others affiliated with the race were, went up to his room, turned on the TV and watched the events unfold. He wasn’t able to go anywhere because the hotel was put on lockdown until the next day. The police department never called him to come in to work because of the emergency situation.

“I felt so bad,” he says. “Everyone told me that the department was in complete chaos.”

Estrada’s caring nature has made him a natural-born reformer. In 2010, he was appointed to Boston’s Commission for Persons with Disabilities, whose mission is to ensure that city complies with the American with Disabilities Act. After serving three years, he took on another volunteer position as a board member with Justice Bridge, a legal incubator that hires recent law school graduates, who are mentored by experienced attorneys to be advocates for those who wouldn’t ordinarily be able to afford legal services.

“An attorney who was the general counsel for National Spinal Cord Injury Association reached out and asked me to be on their advisory board,” he says. “It offers legal services for those just above

the poverty line for a small fee.”

When Estrada is not working, volunteering, recruiting or spending time with his wife and five-year-old daughter, he is rowing. Yes, he is still rowing. It’s an important part of his life. He says it’s part of his effort to be ready if and when a cure for spinal cord injuries is perfected. Recently, he was told at Spaulding, where he does his rowing, that he passed the 2.5 million meter mark—that’s more than 1,553 miles!

He looks forward to an eventual cure for spinal cord injuries and says there are three promising developments: an epidermal stimulator for the lower back developed by the Christopher Reeve Foundation that connects to the spinal cord; InVivo, a biopolymer scaffold device placed in the injury site, which aids in healing the spinal cord; and stem cell treatments. But he’s in no hurry.

“I would never be the first in line,” he says. “I would be afraid to try something that I don’t know what’s going to happen five years from now. When you have a wife and five-year-old daughter, it’s an incredible risk I wouldn’t take.”

Estrada is too happy doing what he’s doing to jeopardize it.

“I love everything I do,” he says.

“My accident taught me that there are a lot of genuine loving and caring people out there, and my mission is now to do the same for others.”

He is their champion. ■ TOM CALARCO (tomcalwriter@yahoo. com) is a freelance writer and author of seven books on the Underground Railroad.

He is based in Loveland, Ohio.

SPOTLIGHTING | BY LYDIA LUM

A Bird’s-Eye View

How one lawyer steers others toward holistic perspectives

THROUGHOUT THE 1990s, Audrey Boone Tillman never considered careers outside the legal realm. She had no reason to. During the second half of that decade, Tillman climbed the in-house ladder at Aflac Inc. to a vice president’s post while tackling legal matters for the supplemental insurance giant.

So when Chief Executive Officer Dan Amos asked her in 2001 to become director of human resources—a division that Tillman regularly advised and serviced— she was speechless. To her, the law department was the corporate epicenter. And because she had supervised only an administrative assistant, she felt unprepared to lead an 80-employee team.

The move to human resources not only resulted in professional growth for her and cost savings for the company, it paved the way to another executive position in

about different operations within Aflac. This expands the perspective of each employee and breeds collaboration, she says.

“I know every leader, every product, every portion of our business,” says Tillman, who is currently Aflac’s executive vice president and general counsel. “I have a great appreciation for what we do at the company every day. If

which she oversaw multiple units of the company.

A year ago, she moved again, this time becoming Aflac’s legal chief. Since her return to that department, she has encouraged lawyers and others to learn more

the company stops paying claims, if we stop selling policies or retaining policyholders, then our business will fail.”

Soon after assuming the helm of the law department last year, Tillman was speaking with a member

I know every leader, every product, every portion of our business. I have a great appreciation of what we do at the company every day.

But Amos insisted that she and the company would benefit if she spread her wings. Tillman grew curious. It didn’t hurt that another surprising choice by Amos had turned out wildly successful. Less than two years earlier, he launched a bold TV ad campaign introducing a duck mascot that gave Aflac widespread, household name recognition. Insurance sales policies jumped 29 percent in the first year.

Tillman put her trust in Amos.

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SPOTLIGHTING

of the company’s federal relations team in Washington, D.C., when it became obvious that the colleague knew little about the process of paying insurance claims—a vulnerability that could prove costly when lobbying legislators.

Tillman decided to arrange an immersion week of sorts for the lobbyists. In October, four of them traveled to corporate headquarters in Columbus, Ga., and visited more

Early in her career, Tillman didin’t consider a departure from the legal field synonymous with enhancing her skills.

than half of the business units, which number in the double digits.

The lobbyists observed operations, met with staff and asked questions.

They reciprocated by explaining their jobs and why company relationships with legislators are important. Although Tillman didn’t issue assignments to the lobbyists that week—their unit reports to her directly—they offered several ideas as their tour unfolded.

During their visit to human resources, for example, the federal relations executives learned about a new Aflac hiring initiative targeting military veterans. The intrigued executives began brainstorming about how to support and augment the endeavor, such as by securing

28 D I V E R S I T Y & T H E B A R MAY.JUN.2015 MCCA.COM

quotes from a Georgia legislator for company press releases.

“I would not have expected human resources to think of us, but we need to know about these types of initiatives,” says Bradley Knox, vice president and counsel, federal relations. “We have the ability to add value to the whole process. There are opportunities for these sorts of ‘Aha’ moments.

Now, we are part of the overall, daily conversation. It’s a plus for the company overall.”

Before the week of immersion, Knox had tried to bring a manager of a different business unit to the nation’s capital every six months to learn more about what the federal relations team does.

The lobbyists’ visit to corporate headquarters, however, elevated those efforts, Knox says, praising Tillman’s shrewdness.

“That’s the definition of a good leader,” he says. “Audrey makes good things happen by focusing on the long-term health of the company. I enjoy working with someone like that.”

Meanwhile, Tillman plans a deeper immersion this year for some of the employees in her six units: law, state relations, corporate communications, compliance, federal relations and the office of the corporate secretary. An employee from each unit will rotate into a different one under Tillman’s purview and work there for several months. For instance, Knox, who holds a JD, could conceivably transfer from federal relations to compliance and rotate back.

“I want people to get outside their comfort zones, just as I did

when I left legal in 2001,” Tillman says. “This can help enhance skills sets and develop people to become great leaders.”

From One Side of the Pond to Another Early in her career, Tillman didn’t consider a departure from the legal field synonymous with enhancing her skills. She was an associate at a Greensboro, N. C., law firm before teaching full time at North Carolina Central University School of Law. When her physician husband accepted a job across state lines in Columbus, the University of Georgia law graduate landed a temporary assignment in 1996 at Aflac while two of its lawyers were on maternity leave. Then-General Counsel Joey Loudermilk was so impressed with her performance that he hired her full time.

As Tillman’s work progressed, she delved increasingly into labor and employment law, an area she had enjoyed during private practice. Her interaction with human resources became more frequent.

When CEO Amos asked in 2001 that she become the top human resources officer, he explained that it was based on her legal acumen coupled with her interpersonal skills. Meanwhile, one of Tillman’s mentors pointed out that her longtime commitment to worklife balance—she and her husband were raising young children by this time—would provide a useful compass in human resources.

“It taught me core leadership,” Tillman says of her HR tenure.

“What I hope I have brought back to the legal department is

knowledge in how to lead people.

Lawyers don’t focus on managing people but on finding the right answer. Had I not left legal, I might be solely focused on caseload.”

As human resources director, she learned to let go of the riskaverse tendencies of lawyers and instead take chances, which was necessary to best serve the 5,100 employees.

As one example, she conducted a comprehensive turnover analysis based on feedback from current and former workers about why people left the company. She presented to senior executives the findings, along with figures showing how much the lost productivity and the hiring and training of new employees were costing Aflac.

Afterward, Tillman worked with different company units to address problems and implement changes. A follow-up analysis revealed reduced turnover that saved the company more than $1 million.

While advocating for rank-andfile employees, Tillman simultaneously embraced peers in the executive fold.

Take, for instance, Teresa L. White, who is president of Aflac U.S. Like Tillman, she has held multiple leadership positions at the company, including in sales and operations.

“Audrey shares my passion for success,” says White, who joined Aflac two years after Tillman did.

“We have matured and honed our skills together at Aflac and shared a lot of challenges and triumphs.

Audrey wants what I want, which is to find ways to attain operational excellence. We differ in how we

approach achieving goals, but the things we do share—both women in a male-dominated industry and both African-American, similar in age and experience—have made it so we share a special bond and an important friendship.”

White adds, “Each step up the company ladder brings with it new trials that can make you feel very alone. It is extremely important to me that I have someone like Audrey who supports me, who will listen and who I can support.”

Meanwhile, Tillman says, “The fact that few Fortune® 500 companies have more than one African-American woman in top leadership is not lost on us. I’m always happy when Teresa does well.

Whenever she receives recognition or she is promoted, I feel it. It is as if what happens to her happens to me.”

CEO Amos applauded Tillman’s HR accomplishments by giving her additional responsibilities, which led to her promotion to executive vice president of corporate services.

In that role, Tillman encouraged employees to broaden their outlook by rotating them among the units reporting to her, much like what she is now overseeing as general counsel. At the time, the units were facilities, strategic sourcing and procurement, corporate training and learning, environmental coordination, health services, human resources and the print business.

Don’t Duck Opportunities to Learn and Grow

“If you bring an attitude of excellence, great things will happen,” she says. “Don’t be afraid of failures. They bring hard lessons, but I have learned as much from failures as I have from success.”

For instance, she once lobbied vigorously to hire someone boasting an impressive resumé to a senior executive post at Aflac.

The addition, however, was “a huge bust,” she recalls, saying that is why she has checked multiple references of subsequent job candidates.

Now that she is running the law department where her Aflac career began nearly two decades ago, Tillman has been re-training herself as a lawyer. She studies documents with the intent of minimizing company risk. But this time, it’s different.

“I don’t think I’ll ever go back to being as risk averse as I was initially [in legal],” she says. “I want my direct reports to not only think about how to eliminate risk but also how we can help increase sales and improve our market position. What I tend to do is think along the lines of, ‘If we do this, will we be successful in this endeavor at Aflac?’ ” She adds, “The paramount business is the corporation, its success and viability and how to protect the brand. The buck starts and stops there.” ■ A freelance writer and editor, Lydia Lum (lydialum999@yahoo.com) is a former reporter for the Houston Chronicle and Fort Worth Star-Telegram.

Tillman advises young minority lawyers to “be excellent in what you do, and be flexible.”

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LAWYER’S LANTERN |

BY LEKAN OGUNTOYINBO

JAMES T.R. JONES JAMES T.R. JONES, AN ACCOMPLISHED LEGAL scholar who enjoys teaching about torts, estate, appellate advocacy and trusts, has been a professor of law at the Louis D. Brandeis School of Law at the University of Louisville for nearly 30 years. But he considers his biggest accomplishment becoming a tenured full professor while secretly living with severe bipolar disorder. Jones had been at the law school about 20 years when he was forced to disclose it to his dean because his symptoms had taken a turn for the worse and he needed to take a leave of absence.

Prior to telling his employer, only his parents, siblings and wife knew of his illness. He says he kept it a secret because he didn’t think anyone would hire him after law school. He still doesn’t think he could find a job at another law school. Now he talks openly about the illness and the injustices and misperceptions that surround mental illness. He shared his lifetime struggle with severe mental illness in his 2011 memoir A Hidden Madness.

Why did you go public with your illness?

I had a massive breakdown in 2004. I was in the hospital for three and a half weeks. I changed medications. I couldn’t work for nine months. I told the dean and two associate deans. Then in 2006, I thought it was important to do what Kay Jamison did in the medical field. I wrote an article that appeared in 2008 in the Journal of Legal Education about having this illness. I got a very positive reaction. I heard from people with mental illness who were afraid to go public. A number of people said, ‘you ought to write a book.’ I spent about a year and a half writing the

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book. It came out in December 2011. It all went back to me feeling that people who are legal academics with mental illness need to know that they are not alone and also for people in the profession to know that they can have a mental illness and still be successful law professors or lawyers. It has pretty much had those effects. Even if you have tenure as a university professor, there is always a nagging concern about the stigma. I’m glad I went public because it means I don’t have to hide anymore.

What are some of the most common misconceptions that employers have about employees or potential hires who battle illnesses such as depression?

There’s a feeling that they are dangerous or they’re unreliable or that a person with mental illness is not somebody you want to be around. It’s pretty clear that most law firms would not hire you if you have a mental illness. I asked one of my colleagues if I would have been hired back in 1986 if I had disclosed my illness and he said, ‘heck, no.’ He started naming faculty members who would have been opposed to my hiring—and this was in

2009. It’s also true that if someone with a mental illness gets angry people might say they’re having a mental health crisis. I take an antipsychotic. That’s another thing people don’t understand. If you’re taking antipsychotics people might think you must be crazy. I worked for a U.S. Court of Appeals judge. I worked on Wall Street and taught at the University of Chicago. I take medication, and I see a psychiatrist regularly. But it’s not newsworthy that I live a normal life. When people think of schizophrenia they think of homeless street people who are dangerous. People were very surprised after I disclosed that I had a mental illness. We’re sort of where other groups were that were stigmatized a long time ago like gays and lesbians. I’d say those with mental illness are at least 30 or 40 years behind gays and lesbians. Mental illness has been stigmatized throughout history. As recently as 100 years ago, they chained people to walls.

They call people with schizophrenia the lepers of the modern era.

People are afraid of things they don’t understand. Mental illness is a medical condition. It’s a disease like any other disease. But people with diabetes and epilepsy are not treated the same.

How widespread is mental illness in the legal profession? What are some of the personal stories other law professors and the legal profession have told you about their personal struggles since you published your book?

Law students have a lot of depression and anxiety. By the end of the first

James T.R. Jones

year of law school, 32 percent are depressed. By graduation, 40 percent of law students are depressed. Suicide is a huge problem for law students.

A significant percentage of lawyers are depressed or distressed. Eleven percent of lawyers think about suicide every month, and lawyers are twice as likely to die of suicide as the general public. There was a story on CNN in January called “Why are lawyers killing themselves?” It happens often, particularly here in Kentucky. One was a former student of mine. It is a significant problem in the population.

There was a professor in Vermont. She checked herself into a psych ward for a few days and then checked herself out, went home and shot herself. She had a husband and very small children, and she was very popular.

If you’re taking antipsychotics people might think you must be crazy. I worked for a U. S. Court of Appeals judge. I worked on Wall Street and taught at the University of Chicago. I take medication and see my psychiatrist regularly. But it’s not newsworthy that I live a normal life.

I know of people who won’t file for insurance or won’t get their [mental health] medication through their insurance because they don’t want people to know about their mental illness and that it would be injurious to their careers. Clients may not want to have you working for them if they find out.

In states like Texas and Kentucky students are asked if have any history of mental illness. If they say yes they have to sign a release and may be called before lay people to see if they are fit to get a license.

Then they may get a probationary license. Because of that, many law students are afraid of treatment. If 40 percent of law school graduates MCCA.COM MAY.JUN.2015 D I V E R S I T Y

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LAWYER’S LANTERN: JAMES T.R. JONES

are depressed, that’s a lot of people not going to the doctor. I had a student once tell me he had an alcohol problem and was afraid to go to treatment. This is a terrible thing to put law students through.

What are some things that law schools could do better in embracing and meeting the needs of faculty, students and staff who struggle with some form of mental illness?

Law school deans in Kentucky are trying to get the bar to change the questions on the bar fitness application. You can have people in place to help students. Some

What are some things that law firms and other employers of lawyers could do better?

They could say ‘we don’t care if you have a mental illness’ and actually mean it. They could not run people off. Lawyers are not the most enlightened people when it comes to things like mental health.

Lawyers are not warm and fuzzy people. If you’re warm and fuzzy you don’t go into law. There needs to be a change in attitude. That has to be clear and brought to everyone’s attention. Just like Elyn Saks (at the University of Southern California) and I came out, we need people to do the same in the

The more people that come out and see that this person has been around a long time and has this condition or illness, that says something. The more we can come out, the more people might say maybe we’re no different from any other people.

law schools have a mental health person on staff so if a student has a problem they can go see them.

Some law schools have academic support programs so they can help students with these kinds of issues.

Outside groups like the Dave Nee Foundation go around the country doing programs for various law schools. A lot of states have lawyer assistance programs, which are supposed to help people, but most of them are substance abuse programs. Many universities are encouraging students and arguing with their state bar associations to take those questions off the bar fitness application. Progress is slow, but it is there. That’s how change happens—gradually.

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law profession. But most lawyers do not have the job security that tenured professors have. It’s very hard to get rid of us. In law firms the profession needs to be more understanding and tolerant. I don’t know many lawyers who are not academics who have gone public.

What are some of the most vivid examples of discrimination or injustice against people in the legal profession who wrestle with mental illness that you’ve learned about in recent years?

I have heard stories about people who are partners in law firms who got run out of the firms.

I heard of this person that had a symptom exacerbation and the

firm found out about it. It was made clear they didn’t want them.

At the firm I started working for in Florida, I had a breakdown and was gone for six months. I went on disability and was given disability insurance. When they found out, they decided I wasn’t welcome back. Thirty years later it’s still a problem. Vince Foster was afraid he would lose his White House clearance because he was getting psychiatric treatment. When I suffered a breakdown in 2004, I didn’t come back to work until 2005. I was lucky that the dean at the time was one of the leading disability lawyers in the country.

How do you hope your work affects or helps reshape the legal profession, both in the academy and in other spheres?

I’m sort of out there. If someone wants to talk about it they can contact me. I’m now fifth in seniority on the faculty [at the law school]. That’s something to say right there. The more people that come out and see that this person has been around a long time and has this condition or illness, that says something. The more we can come out, the more people might say maybe we’re no different from any other people. Hopefully, the example people like me are setting will encourage more people to come out. The more people that come out the better. Just like the more people that came out and said they were gay, the better it was for the gay and lesbian community.

When they find out then they say, ‘gee, maybe this is not a big deal.’

That’s a message I hope gets out. ■ LEKAN OGUNTOYINBO (oguntoyinbo@ gmail.com) is a freelance journalist based in Columbia, Mo.

NEWS YOU CAN USE

MCCA Survey News You Can Use www.mcca.com/research

The MCCA Do Good, Do Well List showcases law firms that are successful in achieving high levels of excellence in both diversity and business. The list demonstrates that success in diversity and profitability are complementary, not competitive. For example: ■ Tier 1 law firm Lewis, Brisbois Bisgaard & Smith LLP has $710,000 PPP (profits per partner) and 22.52% MP (percentage of minority partners).

■ Tier 2 law firm Munger Tolles & Olson LLP has $1,770,000 PPP and 19.94% MP. ■ Tier 3 law firm Irell & Manella LLP has $3,355,000 PPP and 14.75%MP. ■ Tier 1 firms have 20% or more racial/ethnic minority partners in the partnership.

■ Tier 2 firms have 15–19.99% racial/ethnic minority partners in the partnership.

■ Tier 3 firms have 10–14.99% racial/ethnic minority partners in the partnership.

Source: 2014 Do Good, Do Well List

Which U.S. president appointed the most female Article III judges? Barack Obama has appointed 116 women so far during his two-term presidency.

Source: The Report on the Integration of the Federal Judiciary

Respondents identified the five factors below, in order of importance, as most critical to their decision in selecting an employer: 1. Geographical location.

2. The opportunity to do meaningful and satisfying work.

3. The opportunity to work with great colleagues.

4. Learning and training opportunities.

5. The opportunity to learn from proven experts/leaders.

Source: Workplace 2020: What Gen Y Attorneys Experience & Expect

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MOVERS & SHAKERS ALEX PONCE DE LEON Discovery Counsel Google

Alex Ponce de Leon recently joined the Google litigation group as discovery counsel.

His practice includes patent litigation, complex commercial litigation and internal investigations. Besides managing his own discovery caseload, he also facilitates the implementation of new discovery policies and procedures designed to reduce costs and mitigate legal risk across the company. He is a member of the California Bar Association’s Council on Access and Fairness. Ponce de Leon was recently awarded the 2014 Young Hispanic Corporate Achiever Award. He serves on the MCCA CLE Expo Advisory Committee. Prior to joining Google, he was senior litigation counsel at the Intel Corporation, where he primarily focused on discovery and general litigation matters. Ponce de Leon received his BA from Brown University, his MSc from the London School of Economics and his JD from Northwestern University School of Law.

34 D I V E R S I T Y & T H E B A R MAY.JUN.2015 MCCA.COM

JAROD BUNA

International Chief Privacy Officer CIGNA Jarod Buna has joined CIGNA corporation as its new international chief privacy officer. Prior to joining CIGNA, Buna was a senior attorney with Apple Inc. in Cupertino, Calif. In addition to being active in the Latino legal community, Buna also served on the Silicon Valley American Red Cross board of directors. He earned his law degree from UCLA School of Law and his undergraduate degree from UC Berkeley. He also was a law clerk for the Honorable Cruz Reynoso, who was MCCA’s 2014 Lifetime Achievement Award winner.

MOVERS & SHAKERS

FIONA A. PHILIP Partner

Sidley Austin LLP has promoted Fiona A. Philip to partner in their Washington, D.C., office. Philip’s primary practice area is securities and derivatives enforcement and regulatory. She is former enforcement counsel to the chairman of the Securities and Exchange Commission; represents multi-national corporations, officers, directors and individuals in a range of government investigations; and conducts internal investigations involving the Foreign Corrupt Practices Act, insider trading, accounting and internal controls irregularities, disclosure fraud and corporate governance issues. She also assists and counsels audit committees with internal investigations and advises public companies with corporate governance and remedial measures related to securities laws issues.

In 2010, Fiona was named one of the National Bar Association’s “Nation’s Best Advocates: 40 under 40 Lawyers” and to The Root 100. While at the SEC, she received the Chairman’s Award for Excellence and the Division of Enforcement Directors Award.

ERNESTO PALOMO Locke Lord

Ernesto Palomo, a partner in Locke Lord’s’ Chicago office who heads that office’s Diversity Committee, has been elected to a two-year term on the Indiana Advisory Committee of the U.S. Commission on Civil Rights. State advisory committees inform the commission about civil rights issues of state and national concern related to race, religion, sex, national origin, age, disability, voting rights and the administration of justice. Committee members conduct reviews and provide the commission with recommendations concerning matters they have studied. Palomo, who is part of Locke Lord’s Business Litigation and Arbitration Group, devotes considerable time to pro bono matters through the National Immigrant Justice Center, the Center for Disability and Elder Law and the Chicago Volunteer Legal Services. Palomo is a board member of the Hispanic Lawyers Association of Illinois. In 2014, he was selected for the Fellows Program of the Leadership Council on Legal Diversity, a mentoring program built to increase diversity at the leadership levels of the nation’s law firms and corporate legal departments.

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MCCA® LAW DEPARTMENT MEMBERS The Minority Corporate Counsel Association (MCCA) acknowledges the support of the following law departments whose financial contributions have helped to advance the goal of furthering diversity in the legal profession.

3M Company

Dignity Health

Law School Admission Council

RBS Americas

AARP

Dow Corning Corporation

Leading Educators

Reckitt Benckiser Inc.

Abercrombie & Fitch

Duke Energy Corporation

Leidos [Formerly SAIC]

Reed Elsevier Inc.

AbstoneLalley Inc.

DuPont Company

Leo Burnett Company Inc.

Rockwell Collins

Accenture LLP

Eaton Corporation

Liberty Mutual Insurance Company

Rolls Royce North America Inc.

AECOM

Eli Lilly & Company

Lifelock Inc.

Entergy Corporation

LifeVantage Corporation

Rosetta Stone Inc.

Allstate Insurance Company Altria Client Services

Estée Lauder Companies Inc.

Liquidity Services Inc.

American Airlines

Exelon Business Services Company

Macy’s Inc.

American Express Company

Fannie Mae

MAHLE Industries, Inc.

Anthem Inc. [Formerly WellPoint Inc.]

Federal Home Loan Bank of Pittsburgh

ManpowerGroup

AON Corporation

Marriott International Inc.

AT&T Corporation

Federal Home Loan Bank of San Francisco

Avis Budget Group

Flagstar Bank

McDonald’s Corporation

Bechtel Corporation

Flextronics

Medifast Inc.

Becton, Dickinson and Company

Freddie Mac

Merck & Co. Inc.

BNY Mellon

Fujitec America Inc.

MetLife Inc.

Booz Allen Hamilton

Gap Inc.

Microsoft Corporation

BP America Inc.

Genentech, Inc

MillerCoors

Starwood Hotels & Resorts Worldwide

Bristol-Myers Squibb Company

General Electric Company

Synopsys Inc.

CALIBR, global leadership network

General Mills

Mondelez International [Formerly Kraft Foods Inc.]

Tanenbaum Harber of Florida LLC

Capital Legal Solutions LLC

GlaxoSmithKline

Morehouse College

Target Corporation

Capital One Financial Corporation

Goldman Sachs & Co.

Morgan Stanley

Tessera North America Inc.

Cargill Inc.

Google Inc.

Nabholz Construction Services

The Brookings Institution

Carter’s Inc.

Graduate Management Admission Council

National Grid

The Clorox Company

Nationwide Mutual Insurance Company Navistar Inc.

The Conference Board Inc.

Halliburton Company Herbert L. Jamison & Co. LLC [Jamison Insurance Group]

Neighborhood Defender Service

Hewlett-Packard Company

Newegg Inc.

H.J. Russell & Company

NFM Inc.

Honda North America Inc.

NORCAL Mutual Insurance Company

Honeywell International

Northrop Grumman Corporation

HSBC Bank USA

Nuclear Electric Insurance Limited

Huntington Ingalls Industries

Office Depot Inc.

IBM Corporation

Pacific Gas and Electric Company

Ingersoll-Rand PLC

Pepco Holdings Inc.

Intel Corporation

PepsiCo Inc.

International Paper Company

Pfizer Inc.

J.P. Morgan Chase Bank NA

Pitney Bowes Inc.

JC Penney Company, Inc.

Porzio Life Sciences LLC

Waste Management

Dell Inc.

JetBlue Airways Corporation

PPG Industries Inc.

Wells Fargo & Company

Detroit Employment Solutions Corporation

JM Family Enterprises Inc.

PRAXAIR Inc.

Xcel Energy

Johnson & Johnson

Premier Media Inc.

Xerox Corporation

DHL America

Kaiser Foundation Health Plan Inc.

Prudential Financial

Xylem Inc. Formerly ITT Corporation]

Diageo North America Inc.

KeyCorp

Quest Diagnostics Incorporated

Yazaki North America Inc.

Catalent Pharma Solutions CBS Corporation CH2M Hill Chevron Corporation Choice Hotels International Inc. CIGNA Corporation CITGO Petroleum Corporation Colgate-Palmolive Company Compass Group, The Americas ConAgra Foods Inc. ConocoPhillips Cox Communications Inc. Crawford & Company Darden Restaurants Inc. DC Water and Sewer Authority Deere & Company

MassMutual Financial Group

New York Life Insurance Company

S.C. Johnson & Son Inc. Sara Lee Corporation Scripps Networks Interactive Inc. Sears Holding Company Sempra Energy Shell Oil Company Sony Electronics Inc. Southeastern Freight Lines Inc. Southern California Edison Company Staples Inc. Starbucks Coffee Company

The Vanguard Group Inc. The Walt Disney Company The Williams Companies Inc. TIAA-CREF Towers Watson Tyson Foods Inc. UBS Financial Services United Parcel Service United Technologies Corporation U.S. Foodservice Inc. Verizon Communications VMware Inc. Walmart Stores Inc.

For membership information, contact David Chu, MCCA’s Vice President of Membership & Development, at 202-739-5906 or membership@mcca.com.

36 D I V E R S I T Y & T H E B A R MAY.JUN.2015 MCCA.COM

MCCA® LAW FIRM AFFILIATES MCCA® acknowledges the decision of the following law firms who have joined with MCCA to advance the goal of furthering diversity in the legal profession.

Alchemy-Partners PC

Gonzalez Saggio & Harlan LLP

Peter Law Group

Alexander & Associates

Griffith Sadler & Sharp PA

Phelps Dunbar LLP

Alvarez Arrieta & Diaz-Silveira LLP

Hamilton Miller & Birthisel LLP

Pinckney Harris & Weidinger LLC

Anderson Kill PC

Helms & Greene LLC

Polsinelli PC

Archer & Greiner PC

Hinckley Allen & Snyder LLP

Porzio Bromberg & Newman PC

Arent Fox LLP

Hughes Roch LLP

Quarles & Brady LLP

Arnstein & Lehr LLP

Husch Blackwell LLP

Arrastia & Capote LLP

Ice Miller LLP

Quintairos Prieto Wood & Boyer

Axiom

Innis Law Group LLC

Baldassare & Mara LLC

Jeffrey Samel & Partners

Roig Tutan Rosenberg Martin & Stoller PA [Formerly Infante Zumpano]

Berger Singerman LLP

Jones Walker LLP

Rooney Rippie & Ratnaswamy LLP

Beveridge & Diamond PC

Kaufman Dolowich & Voluck LLP

Sanchez & Amador LLP

Blank Rome LLP

Kenyon & Kenyon LLP

Bond Schoeneck & King PLLC

Kilpatrick Townsend & Stockton LLP

Sanchez-Medina Gonzalez Quesada Lage Crespo Gomez & Machado LLP

Bressler Amery & Ross PC

King Branson LLC

Saul Ewing LLP

Bricker & Eckler LLP

Kirkland & Ellis LLP

Schiff Hardin LLP

Brown Law Group

Kramer & Amado PC

Seeley Savidge Ebert & Gourash Co. LPA

Buchanan Ingersoll & Rooney PC

Kumagai Law Group PC

Shella Harris & Aus PC

Butler Snow O’Mara Stevens & Cannada PLLC

Kumar Prabhu Patel & Banerjee

Sher Garner Cahill Richter Klein & Hilbert LLC

Calfee Halter & Griswold LLP

Kutak Rock LLP

Shook Hardy & Bacon LLP

Cavitch Familo & Durkin Co. LPA

Lam Lyn & Philip PC

Snell & Wilmer LLP

Christian & Small LLP

Leader & Berkon LLP

Clifford Chance U.S. LLP

Lim Ruger & Kim LLP

Steptoe & Johnson LLP

Cohen & Gresser LLP

Littler Mendelson PC

Cooley LLP

Littleton Joyce Ughetta Park & Kelly LLP

Cottrell Solensky & Semple PA

Loeb & Loeb LLP

Courington Kiefer & Sommers LLC

Lowe & Associates LLC - Counsellors & Advisors

Cozen O’Connor

Marrero & Wydler

Crumbie Law Group LLC

Martin & Martin LLP

Davis & Gilbert LLP

Maynard Cooper & Gale PC

DeMahy Labrador Drake Victor & Cabeza (DLD Lawyers)

McGuireWoods LLP

Dickstein Shapiro LLP

Messner & Reeves LLC

Drinker Biddle & Reath LLP

Miles & Stockbridge PC

Duane Morris LLP

Miller Law Group

Dunlap Codding

Montgomery Barnett Brown Read Hammond & Mintz LLP

Elliott Greenleaf

Morgan Lewis & Bockius LLP

Epstein Becker & Green PC

Moritt Hock & Hamroff LLP

Wheeler Trigg O’Donnell LLP

Finnegan Henderson Farabow Garrett & Dunner LLP

Morris James LLP

Willenken Wilson Loh & Delgado LLP

Fish & Richardson PC

Nemeth Burwell PC

Winston & Strawn LLP

Fitzpatrick Cella Harper & Scinto

Nicolson Law Group LLC

Womble Carlyle

Florio Perrucci Steinhardt & Fader LLC

Ober Kaler Grimes & Shriver

Wong Fleming PC

Gaffney Lewis & Edwards LLC

Ogletree Deakins Nash Smoak & Stewart PC

Young Conaway Stargatt & Taylor LLP

GibbsWhitwell PLLC

Patton Boggs LLP

Zuber Lawler & Del Duca LLP

Goldberg Segalla LLP

Pepper Hamilton LLP

Zupkus & Angell PC

Rivero Mestre LLP

Steptoe & Johnson PLLC Sterne Kessler Goldstein & Fox PLLC Stevens & Lee Stradling Yocca Carlson & Rauth PC Sughrue Mion PLLC Sutherland Asbill & Brennan LLP Taft Stettinius & Hollister LLP The Goldstein Environmental Law Firm PA The Willis Law Group Troutman Sanders LLP Vinson & Elkins LLP Waas Campbell Rivera Johnson & Velasquez LLP Weil Gotshal & Manges LLP

Potential FANs should contact David Chu, MCCA’s Vice President of Membership & Development, at 202-739-5906 or membership@mcca.com.

MCCA.COM MAY.JUN.2015 D I V E R S I T Y

& T H E B A R 37