Lawyer Monthly Magazine August 2020 Edition

OVERCOMING BIAS IN THE LEGAL INDUSTRY In fact, in response to each of these experiences in lawschool andatmy first firm, I took it upon myself to show my superiors that not only was I capable of producing high-quality work product, but that I was willing to put in whatever time was needed to get it right if something was askew. That oftentimes translated to working far longer hours than my peers while having the understanding that the additional work may never actually be recognised or appreciated. In hindsight, I think demonstrating this work ethic throughout my career has helped me advance to my current role, but to me, my motivation in going above and beyond was to hopefully be seen as an equal to my peers. Attorneys in supervisory roles should make it a point to consider their motives and how they may come across when interacting with diverse attorneys. According to a study conducted by Statista, 61% of professionals either experience or witness workplace discrimination based on race, gender, sexual orientation or age, which shows that there’s still work to be done. Now at my current firm, Marshall Gerstein, I implement what I’ve learned from my previous experiences and serve on our Diversity and Inclusion Committee, where I have been involved in numerous initiatives to help create a more inclusive legal industry through awareness, education, recruiting and community outreach. I also am an active member of The Chicago Committee, a nonprofit that provides networking opportunities and support for minority lawyers in large law firms, where I have repeatedly sat on panels and spoken to fellow lawyers about diversity in the legal field, my experiences as a Black lawyer and how we can move this industry forward. Some of these panels have been for Chicago LegalTrek, which is a program affiliated with the Chicago Committee that is designed to diversify the legal profession by encouraging college students from historically underrepresented groups to pursue careers in the legal profession. These conversations are always really powerful and give me hope that by starting with the next generation, we can create a more inclusive industry from the younger professionals up. Lastly, this should be obvious, but it is also critical for firms of all sizes to seek, retain and encourage those with diverse backgrounds. Inside Higher Education recently reported that “white Americans still disproportionately outnumber their African American and Latino counterparts when it comes to obtaining good jobs, regardless of the education they have obtained.” To overcome this barrier, firms not only need to actively seek talent at institutions they historically haven’t considered, but also, during the candidate evaluation process, actively question why people think a potential candidate wouldn’t be a “good fit” for the firm. Firms have to stop coming to the immediate, incorrect conclusion that “there aren’t qualified candidates for our positions” and instead think of ways to help those candidates possess the qualities they desire. That might mean providing different types of training or assigning appropriate mentors with a vested interest in the success of the associate. Jonathan Hughley, Partner at the intellectual property law firm Marshall, Gerstein & Borun LLP, focuses his practice on the preparation and prosecution of patent applications involving mechanical, electro-mechanical, and software technologies. He can be reached at jhughley@marshallip.com . Jonathan Hughley Partner Marshall, Gerstein & Borun LLP 49 AUG 2020 | WWW.LAWYER-MONTHLY.COM

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