Anyone in the legal industry who hasn’t been under a rock for the past forty-some odd years can tell you that the legal profession has changed. Attorney loyalties to one employer throughout one’s career no longer exist. Gone are the days where attorneys graduated from law school and went to work for an employer where they remained until the close of their career. Nowadays, it’s not surprising to hear of attorneys that have worked for four or five different employers during the course of their career. As a result of lateral job hopping, or the more politely coined term, lateral movement, recruiting and retention are hot topics that are on the lips of almost every legal employer. What is the other hot topic that is also on employers’ lips and goes hand in hand with recruiting and retention, but makes most of us squirm in our seats? Diversity.

These days legal employers are not only seeking stellar candidates, but they are also seeking stellar diverse candidates. As the world shrinks thanks to such technological advances as the Internet, social web networks, email and web conferencing, companies are being forced to look more like the world. Not only are companies realizing that diversifying its ranks is the moral thing to do, but they are also realizing it is logical from a business standpoint. It is becoming increasingly hard for companies to succeed on the international front if they are homogenous. Demands are being made on companies to look more like their client base. The legal community is not any different. Law firms in the United States are receiving the same demands to diversify from their clients. Corporate America is issuing ultimatums - diversify or else.

These ultimatums are not falling on deaf ears. With the rise in lateral moves, legal employers, especially law firms, are constantly debating the best method of attracting the top diverse candidates. However, attracting candidates of diverse backgrounds is only part of the equation. The second part is retaining them and ensuring their long-term success with the employer. With so many attorneys moving through jobs as though they were in revolving doors, employers are finding themselves in stiff competition for scarce top talent. So what are employers to do?

There needs to be a commitment on the part of the employers to diversify. Employers cannot take a passive approach to recruiting diverse candidates. They need to be proactive and willing to put some sweat into it. Partners and senior attorneys need to become intimately involved in the hiring process, including selling the position. Key attorneys need to be able to sell potential laterals on the advantages of the employer and what factors differentiate that employer from others. Potential laterals shall interact with attorneys of the employer that will make them feel welcomed.

A simple way to make candidates feel welcomed is to put candidates with the employers’ attorneys that have similar backgrounds. Similarities can include law school, undergraduate school, activities, personal interests, etc. Where diversity is concerned, do not discount pairing candidates with attorneys of the same diverse background. The employer should show the candidate that it has attorneys with the same background that are actively involved, successful and happy.

Emphasis cannot be solely on the recruitment process. Once a diverse attorney is hired, the employer needs to make sure the attorney is incorporated into the company culture. Employers need to create an environment where diverse attorneys know their differences are valued and mentoring systems are in place to ensure their success. Diverse attorneys shall not be left to whittle away in their offices. They should be introduced to other attorneys and staff members as well as included in the employer’s extracurricular activities, such as lunch outings and company sports teams. It is important that diverse attorneys forge personal ties as well as professional ties to the employer. This further strengthens the bonds that hold the attorneys to the employer.

In addition, employers need to reach out to the diverse community and become entrenched in it. Getting involved in and supporting diversity conferences, minority bar associations and minority outreach programs is a must. Supporting the efforts of its diverse attorneys who become involved in different diverse programs and activities should be included in the overall agenda. If the attorneys know their employer supports their interests and concerns, they will be inclined to feel more welcomed and accepted into the company culture.

Lastly, faced with associate disloyalty, employers need to be prepared to address the hard questions about its diversity initiatives and their plans to achieve those initiatives when attracting and retaining diverse attorneys. Employers are in heavy competition for top talent; even more so once diversity comes into play. Attracting diverse candidates is one thing, but the employers need to be able to retain these attorneys. If employers do not keep their diverse attorneys satisfied, there is a competitor down the street that is ready and willing to lure them away. Should the loss of diverse attorneys become a regular occurrence, this could spell problems for an employer who has received a diversity ultimatum.