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Executive Summary
A. STUDY QUESTIONS
The Minority Corporate Counsel Association (MCCA)was founded in 1997 to advocate for the expandedhiring, promotion, and retention of minority attorneysin corporate legal departments and the law firms thatserve them. MCCA’s efforts focus on the research,collection, and dissemination of information on thestatus of diversity in the legal profession and the useof that information to further the Association’s mission.
Creating Pathways to Diversity® — Mentoring AcrossDifferences: A Guide to Cross-Gender and Cross-RaceMentoring is the result of a year-long study to examinementoring relationships in law firms and lawdepartments to determine:
1. How lawyers build successful cross-genderand cross-race mentoring relationships;
2. How lawyers define reasonableexpectations for cross-gender and cross-race mentoring relationships;
3. How lawyers build trust in cross-gender andcross-race mentoring relationships topromote open communication;
4. How lawyers develop the capability andcomfort to discuss diversity issues in cross-gender and cross-race mentoringrelationships; and
5. How lawyers are motivated to initiatecross-gender and cross-race mentoringrelationships.
B. KEY FINDINGS
The most significant findings of the study were:
1. How lawyers build successful cross-genderand cross-race mentoring relationships
O Women and minority lawyers who wanted mentors could find them if they were strategicand proactive.1 Everyone who participated in thisstudy, even those without a current mentor, hadat least one mentor at some point in theircareers, and most participants had more thanone mentor.
O Cross-gender and cross-race mentoringrelationships arose most frequently during workassignments, recruitment efforts, office andcommunity projects based on shared interests,and bar association activities.
O Informal mentoring was the preferred format andwas driven primarily by frequent interaction andproximity during work and work-related projects.
O Mentees who actively sought mentors found multiple mentors to meet a variety ofdevelopment needs. They recognized that theyneeded different mentors to fulfill distinct needsat various times in their careers. They saw theneed for men and women mentors, and whiteand minority mentors.
O Diversity in mentoring relationships crossed many boundaries. Many cross-gender and cross-race relationships did not have white ormale mentors. Relationships included mentorsand mentees who are both minorities but ofdifferent races or ethnicities, and women andminority mentors with white male mentees.
O Most of the participants in current mentoringrelationships who were matched through a formalmentoring program reported positive experiences.
O Mentees who were not in current mentoringrelationships sought more specific qualificationsin potential mentors than did mentees withcurrent mentors.
2. How lawyers define reasonableexpectations for cross-gender and cross-race mentoring relationships.
O Mentors required that mentees produce excellentwork product, make a significant commitment oftime, show professionalism, and exhibit self-confidence in order to receive mentoring. In lawfirms, they also expected mentees to be sociableand participate in firm life.
O Mentors had a mental model of what makes a lawyer worth their investment of time, advice,and wisdom. Women and minority lawyers didnot always fit that model because of differentcommunication styles, behavior styles, workperspectives, and approaches to problem solving.
O In contrast, most mentees had little knowledgeabout mentoring at the beginning of their careersand few if any expectations.
O Women and minority associates in law firmsexpected to be promoted solely on merit (i.e.,the quality of their work). Mentors corrected this belief by explaining that personalrelationships and social involvement are also major factors in promotion decisions.
1 For purposes of this study, minorities were considered to be any persons who are not Caucasian, and could include African Americans, Hispanics,Asians (including East Indians), and Native Americans.
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O Junior lawyers expected supervisors to bementors. Many supervisors did not share those expectations or acknowledgementoring responsibilities.
3. How lawyers build trust in cross-gender and cross-race mentoring relationships topromote open communication.
O Successful mentoring pairs took risks, moved out of their comfort zones, and took time to form a relationship. Successful cross-culturalrelationships required both mentor and mentee to make an effort to work with people who are different.
O Minority and women mentees established trustand engaged in open communication more readilywith minority and women mentors than with whitemale mentors.
O Women communicated most easily with eachother in mentoring relationships, regardless oftheir racial or cultural differences.
O Mentees demonstrated trustworthiness by doing high quality work, developing a reputationfor excellence and reliability, aligning behaviorwith workplace culture, performing confidently,and showing enthusiasm for the practice of law.
O Mentors demonstrated trustworthiness byreaching out to women and minority mentees;extending their trust to mentees through stretchassignments; making mentees feel included andconnected; and proving their interest in thementees’ learning and development by givinginformation about organizational culture,opportunities to excel, challenging work,feedback, and career advice.
4. How lawyers develop the capability andcomfort to discuss diversity issues in cross-gender and cross-race mentoringrelationships.
O Minority mentees were more comfortabletalking with minority mentors about race anddiversity issues, even if they were from different minority groups.
O Mentees, including white and minority women and men, were more comfortable talking withwomen than male mentors about work/life andgender issues.
O White mentors who successfully discussedrace and gender issues with women and minoritymentees made a concerted effort to listen to andlearn from mentees; find mentees opportunitiesto feedback, encouragement, and public support.
O Discussion of race and gender diversity was often avoided when one of the parties was white,even in mentoring relationships that wereotherwise strong.
5. How lawyers are motivated to initiate cross-gender and cross-race mentoringrelationships.
O Mentors were motivated by self-interest as much as by personal satisfaction or concern forothers. They saw mentoring as an investment indeveloping and retaining the outstanding, high-performing lawyers needed to serve clients andensure the organization’s business success.
O Minority mentors actively reached out to minoritynew hires and minority summer interns in bothlaw firms and corporate law departments.
O Women and minority mentees were motivatedto find cross-gender and cross-race mentoring to learn and expand their technical abilities,achieve inclusion in the organization, obtain high-visibility work, and gain access to leadersand powerful networks.
O Employers fostered cross-gender and cross-racementoring by creating an environment thatsupports diversity (e.g., by sponsoring mentoringand diversity initiatives). Mentors and menteesexpressed a desire for more support in termsof written guidelines, training, and programcoordination than their employers currently provide.
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Today’s legal workplace is steadily becoming morediverse and multicultural as women and attorneysof color continue to join the profession. Women
constitute almost one third of lawyers, and minoritiesrepresent ten percent of the profession. In spite of thisgrowing diversity, the number of women and minoritiesin partnership, management, and executive positionsremains small. Currently, women represent only 13percent of General Counsel at Fortune 500© companieswhile minority lawyers occupy less than half thatnumber.2 Only 16.3 percent of partners at major lawfirms are women, and lawyers of color constitute just3.7 percent of partners.3
Mentoring is considered instrumental in helping minorityand women lawyers break through the glass ceiling.Having a mentor is essential for all lawyers’ careeradvancement. It is especially important for women andminorities. The lack of adequate mentoring has heldwomen and minority lawyers back from achievingprofessional success, and has led to high rates ofcareer dissatisfaction and high rates of turnover. Highattrition undermines employers’ efforts to promote thediverse workforce they see as necessary in order tocompete in the marketplace.
Employers recognize the enhanced value that a diverseworkforce can bring. In addition, incoming lawyers wantand expect to work with diverse colleagues, and clientsinsist that law firms and corporations retain andadvance women and minorities. Mentoring is the bridgeto accomplishing these diversity goals. It supportsdiversity by providing the hands-on training, experience,and personal connections required to develop, retain,and advance talented women and minorities.
Previous research of mentoring in the legal professionhas reported a serious lack of mentoring for womenand minority lawyers. This earlier research shows thatthese lawyers face obstacles to mentoring that include:
O The scarcity of women and minority lawyers inmanagement and partnership positions;
O Economic pressures that permit little time orreward for mentoring;
O Majority male lawyers’ reluctance to entermentoring relationships with women andminorities because certain false assumptions or negative stereotypes cloud their judgment; and
O Exclusion of women and attorneys of color frominformal workplace networks that are thespringboards for mentoring opportunities.
While these demographic, economic, cultural, andinstitutional barriers have been studied, there has beenlittle investigation into how women and minority lawyersenter into successful mentoring relationships. Given thedemographics of the legal profession, in which mostsenior lawyers are white men, women and minoritylawyers are likely to be involved in cross-gender andcross-race mentoring relationships. This study soughtto discover the conditions under which women andminorities are able to find, form, and sustain meaningfulmentoring relationships across gender and race.
2 Minority Corporate Counsel Association, 2003.3 NALP, “Women and Attorneys of Color at Law Firms - 2002,” athttp://nalp.org/nalpresearch/mw02sum.htm
Introduction
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A. THE NATURE OF MENTORINGIN THE LEGAL WORKPLACE
Mentoring occurs when an experienced lawyer takes a personal interest in one with less experience andhelps the junior lawyer learn and advance. In the legalworkplace, mentoring functions are manifested invarious ways:
Workplace socialization builds a sense ofconnection to the organization. Mentors welcomenew hires, introduce them to others in the office,and help them navigate the new office environment.
Skills building develops lawyers’ competency topractice law. Mentors help junior lawyers learnand improve legal skills through work experience,instruction, and feedback.
Confidence building fosters lawyers’ identity,confidence, and self-esteem as legal professionals.Mentors serve as role models. For women andminorities, some mentors provide emotionalsupport and reality checks concerning matters of gender or race.
Career advancement helps mentees movetoward career success. Mentors offer advice on career options; access to contacts, clients,executives, and networks; and advocacy for lawfirm partnership or promotion to higher corporatepositions. For more experienced lawyers(including partners), mentors sponsor andsupport the mentee’s professional development.
The more mentoring functions that are available to thementee, the more the mentee benefits. Because onementor is unlikely to fill all of these mentoring roles,having multiple mentors provides a greater range ofopportunities for success.
B. MENTORING AND DIVERSITY INLAW FIRMS AND CORPORATIONS
The formation and maintenance of mentoringrelationships are the same in both law firm andcorporate settings, with one significant difference.In law firms, mentoring relationships occur betweenlawyers. For in-house lawyers, mentoring is notmaintained strictly with other lawyers, but extendsbeyond the law department and beyond the legalprofession. Corporate lawyers frequently establishmentoring relationships with internal clients, includingcorporate managers and executives from thecorporation’s business and functional units.
Both law firms and corporations have long recognizedthe importance of diversity. Some corporations haveextended their internal corporate diversity initiatives tooutside counsel. They exert economic pressure on lawfirms to diversify and track firm progress on hiring andretention of women and minority lawyers. In response,law firms are allocating more energy and resources todiversity, and ultimately, their progress on this issue willbe determined by their degree of success at mentoring.
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A. METHODOLOGY
Creating Pathways to Diversity® — Mentoring AcrossDifferences: A Guide to Cross-Gender and Cross-RaceMentoring is the result of a year-long study to examinementoring relationships in law firms and lawdepartments to determine:
1. How lawyers build successful cross-genderand cross-race mentoring relationships;
2. How lawyers define reasonableexpectations for cross-gender and cross-race mentoring relationships;
3. How lawyers build trust in cross-gender and cross-race mentoring relationships topromote open communication;
4. How lawyers develop the capability andcomfort to discuss diversity issues in cross-gender and cross-race mentoringrelationships; and
5. How lawyers are motivated to initiatecross-gender and cross-race mentoringrelationships.
This study was conducted through personal interviews of individual lawyers; 12 focus groups held in San Francisco, Houston, and New York; and awritten questionnaire. Study participants were lawyerscurrently in cross-gender and cross-racial mentoringrelationships, or who desired to be in suchrelationships. A thirteenth focus group, held in New York, consisted of six participants who werecoordinators of either a mentoring program or adiversity program. The information generated in this focus group was considered, but participants were not included in the study sample.
The statistics reported are descriptive, as the samplingtechnique and the methods of data-collection did notwarrant statistical testing.
B. STUDY GROUP
The study group comprised 64 self-selectedparticipants, representing 43 law firms and 7 corporatelaw departments. Three questionnaire respondents didnot identify their employer or type of employment.
Fifty lawyers participated in focus groups. Fourteenattorneys were personally interviewed by the researchteam. All participants received a questionnaire, of which56 questionnaires were returned (88% return rate). Theresearch team was successful in its effort to ensurethat the study group had a balance of minorities,women, and men. Table 1 and Figures 1, 2, and 3present a demographic breakdown of the participantswho completed questionnaires.
Study Overview
Totals Female Male Minority White
Mentors = 35
Mentees = 21
Totals = 56
15
13
28
20
8
28
11
16
27
24
5
29
Table 1. Mentors and Mentees Who Responded to the Questionnaire by Gender and Race
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Figure 1. Mentors and Mentees Who Responded to the Questionnaire by Gender and Race
Figure 2: Race and Gender of Mentors Who Responded to the Questionnaire
Figure 3: Race and Gender of Mentees Who Responded to the Questionnaire
In analyzing the data, MCCA chose to highlight those viewpoints that were expressed most frequently or offeredparticularly noteworthy perspectives. All data is reported in the aggregate, without attribution to a particularindividual or organization.
C. RESEARCH TEAM
The research that underlies this report was conducted and produced for MCCA by Ida Abbott, Esq., of Ida AbbottConsulting, and Rita S. Boags, Ph.D., of Leadership Technologies, LLC. Both members of the research team havepublished and presented extensively in the fields of mentoring and diversity. Ms. Abbott and Dr. Boags specialize inthe design and implementation of programs in mentoring, career, and leadership development for the multiculturalworkforce. Their clients include national and international corporations, government agencies, and law firms.
11
15
10
5
0
MalesFemales
Minority White56
1410
10
5
0
MinorityWhite
Males Females
62
93
30
25
20
15
10
5
0
FemaleMaleMinorityWhite
Mentors = 35 Mentees = 21 Total = 56
Number ofRespondents
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This study shows that women and minority lawyers whoproactively seek mentors can find them. The findings ineach of the study areas illustrate how lawyers can buildand maintain successful mentoring relationships acrossgender and race.
A. STARTING AND BUILDINGMENTORING RELATIONSHIPS
The study results were clear: women and minoritylawyers are capable of finding one or more mentors if they are strategic and proactive in seeking them. That is not to say that finding a mentor is easy foreveryone or that everyone who wanted a mentor foundthe one they desired. Some study participants wereunable to find the specific type of mentor they wanted,and were consequently not in a current mentoringrelationship. For example, some mentees sought amember of the same minority group who couldchampion their advancement or introduce them to business contacts, but mentors with thosequalifications were not available in their practice area or organization. Successful lawyers in our studywho were unable to find mentors with specific, desiredqualifications did find other suitable mentors who helpedthem achieve professional and development goals.
1. The wide range of cultural differences inmentoring pairs
One of the pleasant surprises of the study was theconsiderable number of mentoring relationships involvingmentors and mentees of different minority groups.Study participants evidenced a great variety of cross-race, cross-cultural, and cross-gender matches, including:
O Hispanic male mentors with African Americanmale and female mentees;
O Hispanic female mentors with Asian male mentees;
O African American male mentors with white female mentees;
O An Asian female mentor with Hispanic and African American female mentees; and
O White female mentors with white male mentees.
Even within these pairings, there was additionaldiversity. For example, the category “Asian” refers to many nationalities, such as, Indians, Pakistanis,Chinese, Korean, Thai, Vietnamese, and PacificIslanders, although each of these groups is culturallydistinct. A mentor and mentee might both have beenAsian, but have little in common with each other interms of religion, history, language, or culture.
2. Entry points for the formation of mentoring relationships
In spite of some skepticism among participants aboutformal matches, 90 percent of those in formal mentoringprograms were satisfied with those relationships.Problems that arose in formal relationships usuallystemmed from a poor matching process, such as thementor who was “forced” into a match with a menteeconsidered incompetent and without a future in thefirm. Other problems with formal mentoring wereattributed to a lack of follow-up and training, which left mentors and mentees with little or no guidanceregarding how to develop the relationship.
The majority of participants expressed a preference forinformal mentoring relationships, and most participants(65%) were in such relationships. Informal mentoringrelationships across race and gender began in a variety of ways:
O Most commonly, mentoring relationships beganas people worked together, usually when a new or junior lawyer worked with a more senior lawyeron a client matter. In law firms, most of theserelationships were between lawyers in the same practice group, department, or area ofspecialization. In corporate law departments,most mentee-mentor pairings occurred betweenlawyers, with internal clients, and less frequently,with outside law firms and vendors.
O The second most common entry point was therecruiting process. Many mentoring relationshipsarose between job candidates and the lawyerswho recruited them as they explored a possible“fit” between the candidate and the organization.In law firms, they often arose between summerassociates and members of the hiring or summerassociate committees. Relationships that beganthis way during the recruiting process oftencontinued when the candidate joined the firm orcorporation. Some even continued when thecandidate took a job elsewhere.
O A third group of relationships grew throughshared personal or professional interests whenmentees and mentors were in the same firm orcompany but from different practice areas.Shared interests usually involved collaboration on work-related special projects, committees,pro bono cases, community activities, women’sforums, or diversity programs.
What is the Significance of the Findings?
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O Some mentors, especially minority mentors,appreciated the importance of mentoring, andenergetically pursued mentoring relationshipswith new lawyers. They did this within their firmsand corporations, and in bar associations, mostnotably in minority bar associations.
At all of these entry points, mentoring relationshipsdeveloped as people interacted with each other. Mostof the time, this happened while they worked together,but sometimes, mentors and mentees had to createopportunities to meet or talk( e.g., a series of casuallunches). As they got to know each other, theydiscovered that they shared common values, practicegoals, and perhaps personal interests. The relationshipwas especially likely to expand into a mentoringrelationship if the two individuals had compatible workstyles or personalities. Their personal relationshipturned to mentoring — although the word “mentor”might never be uttered — when one person reached out to the other to request or offer assistance.
3. Someone like you or someone different?Benefits of both in mentoring relationships
The race and gender of a mentor and mentee did notalways matter. In some circumstances, what was mostimportant was the mentor’s willingness and ability tohelp the mentee. For example, several minority menteesfelt that white male mentors could provide greateraccess to clients, high-visibility projects, and innercircles of organizational power and influence. Oneparticipant remarked, “As the only woman it wasimportant for me to have a senior male supervisor whocould guide me through that system, show me the ropes,how to handle myself in that world, as well as technicalaspects of my job.” White men and women frequentlycontrolled access to work assignments that minoritymentees wanted in order to develop legal skills, learn a practice area, gain client exposure, or receive moreresponsibility. Many of these white men and womensubsequently became their mentors.
Participants benefited from being in both diversementoring relationships and same-gender or same-racerelationships. Diverse relationships expanded theirthinking and perspectives, altered incorrect assumptionsand stereotypes, and led to a deeper understanding forpeople. These relationships made participants aware ofimportant issues that they otherwise would not haveconsidered, or would have looked at from a narrowerpoint of view. “Being on the recruiting committee with myAsian mentee, he points out and keeps me honest whenwe bring up the fact that certain candidates look good,but they are too quiet and reserved. He makes usremember we have to take charge in the interview andbe more directive. We get better results that way.”
On the other hand, most minority and women menteesbenefited from having mentors of the same gender orrace. Same-gender and same-race mentors served asrole models, confidantes, and advisors on personalaspects of professional life. They could relate tomentees’ concerns about stereotyping, sexism orracism, and provide “reality checks” about gender- orrace-sensitive issues. They also inspired and reassuredwomen and minority mentees that their differences willnot prevent them from succeeding in the organization.“When you look around and you are different fromeverybody else, it’s not easy to recognize what is getting in the way of your success.”
4. The value of multiple mentoringrelationships
Successful study participants had been in multiplementoring relationships, either concurrently or atdifferent times in their careers. At least one of theirmentors had been or was currently a white male. Thiswas true for both men and women and for individuals of all races. A network of mentors, acquired over time,allowed lawyers to have mentors of both genders andvarious races and organizational positions. Many ofthese mentoring relationships lasted for many years.Some very senior lawyers in the study group still relied on attorneys who had been their mentors for several decades.
Mentees who had multiple mentors reported highsatisfaction with their mentoring relationships. Theyrecognized that they needed different kinds of mentorsfor separate reasons at various times in their careers.They did not restrict their search for mentors to a particular race or gender, and understood theimportance of networking in order to find diversementors. Some mentees also acted as mentors to lawstudents, summer associates, and less experiencedlawyers. Being a mentor gave them additional insightinto what mentors look for in mentees. They used this knowledge to enhance relationships with their own mentors.
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B. CREATING REASONABLEEXPECTATIONS FOR MENTORING
Ideally, mentors and mentees have clear, realistic,aligned expectations, and communicate thoseexpectations to each other. In reality, however, theirexpectations often vary and remain unspoken.
1. Mentors know what they expect from mentees
Mentors in the study had very clear expectations for the people they were willing to invest in. Women andminority mentees often did not know what thoseexpectations were. This lack of knowledge about whatmentors expect may be one of the significant reasonswhy women and attorneys of color do not experiencementoring to the same degree as white males.
Mentors wanted mentees whom they saw as“winners” or “keepers.” In law firms particularly,mentors viewed their time and energy as expensiveassets and the mentoring process as an investment of those assets. They were only willing to make suchinvestments in lawyers who they believe will produce ahigh return (i.e., someone who is likely to become asuccessful lawyer as the mentor defines success).Usually this meant mentees must appear confident,be able to communicate clearly orally and in writing,produce impeccable work product, and show drive,commitment, and work habits that are compatible withthe mentor’s. If a lawyer did not fit this model,differences were misperceived as deficiencies, andmentoring was either not offered or withdrawn. Mentorsgave mentees little time to prove themselves; they wereneither patient with mentees nor inclined to give secondchances. Several mentors stated it was best to “cutoff” struggling mentees sooner rather than later.
Mentors had these expectations for all lawyers,regardless of their gender or minority status. However,women and minority mentees often did not know whatthe mentor was looking for. “One of the associates hasthe makings, but someone needs to help him connectthe dots and let him know that unless he adopts certainbehaviors he won’t be perceived as successful.” Many ofthese associates were strangers to the culture of lawpractice and had no role models or guides to explainthese expectations to them. They were unfamiliar withthe organization’s political or social dynamics or itsunwritten norms and customs. If they were new to lawpractice, they had to learn those expectations at thesame time they were learning to be lawyers. One of the most valuable functions that mentors could perform was explaining the organization’s culture and expectations to them.
2. Successful women and minority menteesknow what they expect from mentors
Early in their careers, many women and minority lawyers did not realize that they needed mentoring.They assumed supervisors and managers wouldfacilitate their learning, development, acceptance,and advancement in the organization. Many menteesbecame aware of the value of mentoring when theyrealized that a more senior lawyer was taking a specialinterest in their learning and progress. Once menteesunderstood how mentors could help them, they becamepurposeful in seeking mentoring relationships.
Some mentees were very direct in discussing theirexpectations with mentors. The principal areas forwhich mentees sought mentors were:
O Guidance and assistance with work issues;
O Advice on how to navigate the office;
O Feedback on work performance and professional behavior;
O Role models and career guidance;
O Learning how to handle difficult lawyers and clients;
O Advice about work/life issues;
O Access to decision makers and clients;
O Sponsorship for advancement and partnership;
O Overcoming isolation; and
O Advice about dealing with diversity concerns.
Mentees primarily sought mentors who would give themthe kind of assignments, feedback, and encouragementthat spurred them to do their best. They wanted to workon projects that would make managers and leadersnotice them as capable and promising lawyers. As onementee put it, “Getting into the right project at the righttime can totally change your life.”
3. When the mentor is also a supervisor: dual role confusion
Supervisors and mentors do not necessarily have the same commitment to junior lawyers’ development.Supervisors’ primary concern is getting the work donefor the client. They may view the lawyers they supervisesimply as the means for doing that work. A mentor’sinterest goes beyond the work product. Mentors take an interest in the junior lawyers’ learning and growth.Mentors use the developmental opportunities provided
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by work experience to help teach, encourage, andadvance the interests of the junior lawyer. Unfortunately,many junior lawyers do not understand this distinction.They expect supervisors to take an interest in them andhelp them succeed.
Study participants recognized that there is a potentialconflict when a mentor is also a supervisor. In the study group, 42 percent of mentors and 45 percent of mentees in current mentoring relationships reportedthat having a mentor who was also a supervisor poseda moderate challenge to the relationship. The potentialconflict arises because the mentor-supervisor allocates work assignments, evaluates the mentee’sperformance, and contributes to decisions onpromotion. This makes it difficult for mentor-supervisorsto be impartial or non-judgmental, and difficult formentees to be open about their insecurities orconcerns. Mentees may feel too intimidated to confidein dual-role mentors about such issues such as thenature or quality of the work they receive or problemswith the supervisor.
Nevertheless, in spite of the potential for conflict,successful mentees in this study were willing to take on whatever challenges this arrangement might bring. It was more important to them to have mentors whowould give them good work and help them becomebetter lawyers. “I think it turned into more of amentoring relationship when I started to ask him a lot of questions and demonstrated to him that I was reallyserious about learning this area of law.” They alsorecognized that any potential sponsors for advancementwould not advocate on their behalf unless they hadconfidence in the quality of the mentee’s work.
4. The organization’s expectations for women and minorities to engage indiversity activities
Women and minority lawyers often found themselvesin a dilemma that compromises their ability to acquire
good mentors. Law firms want to attract women andattorneys of color to meet clients’ expectations fordiversity and ensure that diverse lawyers arerepresented on committees and participate inorganizational activities. However, engaging in recruiting,diversity initiatives, and other time-consuming activitiesreduces the time available for learning the basicpractice skills needed to become excellent lawyers.Women and minority attorneys who participate in toomany of these activities miss training programs, so theylearn less than their peers. These activities leave themless time for their client work, which may lead to lowerquality work product, and in law firms, insufficientbillable hours. All of this can lead to a negativeperception of their worthiness to mentors. Oneparticipant called this the “trap” of becoming theorganization’s “poster child” for diversity.
C. BUILDING TRUST
1. Mentors’ and mentees’ discomfortabout race and gender differencesinhibited outreach
Generally, one of the barriers to cross-gender and cross-race mentoring is the discomfort that people feel being in a mentoring relationship with mentors ormentees of a different gender, race, or culture. Thedegree of discomfort was dependent upon the kind ofcross-gender and cross-racial match. Study participantsbuilt trusting relationships by dealing with andovercoming their initial discomfort, if it existed at all.
Men Mentoring Women
Many male lawyers felt that it was too hard,uncomfortable, and unduly complicated to be mentorsto women. They feared that the female mentees orothers in the organization might misperceive thementoring relationship as more than simplyprofessional. They were concerned about possibleclaims or lawsuits for discrimination or sexualharassment. They worried that they might makeremarks that could be misunderstood or taken out of context, leading to a bad reputation for them or the firm. Several male mentors also felt that they could not appreciate career issues from a woman’sperspective and therefore, could not offer useful advice. Female mentors, however, did not express a similar hesitancy about mentoring men.
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Whites Mentoring Minorities
Some mentors, mainly white men, had similar concernsabout mentoring minority lawyers. They worried thattheir questions or comments might inadvertently offendsomeone, or violate norms of “political correctness,” bytheir questions or comments. Others said that theycould not appreciate a minority lawyer’s experience ortruly understand what a person of color had to dealwith. A few mentors were less inclined to mentorminorities for the same reason some men gave for not mentoring women — fear of discrimination claimsor damaging the organization’s or their own reputationthrough a misunderstanding or actions taken out ofcontext. They also felt they had little relevant advice or counsel to offer a minority lawyer.
Limitations on Scope of Mentoring
Overall, this discomfort did not prevent white mentorsfrom forming successful mentoring relationships withminorities, or male mentors from being mentors towomen. But it did limit the functions that these mentorscould provide. In particular, it made some mentors feelincapable or unwilling to deal with people who weredifferent, and it interfered with their ability to givehonest feedback. One example was a male mentor who made an effort to deal with his concern thatwomen would “tear up” if he gave them feedback thatwas unfavorable. “A mentor has a real opportunity to learn, especially if someone has a really differentbackground. We have to be open enough and curiousenough to explore that part of the relationship. I tell mymentees that if I say anything offensive, let me know.”
Mentees in our study group expressed a low level of discomfort about cross-gender and cross-racementoring relationships (only 7 percent expressed a concern about their degree of rapport andcamaraderie). Those women and minority mentees who felt uncomfortable raising diversity-related issueswith white mentors stated the following reasons fortheir discomfort:
O Making the mentor feel uncomfortable;
O Being perceived as a troublemaker or complainer;
O Being perceived as lacking professional ability;
O Being misunderstood as seeking preferential treatment;
O Calling attention to themselves as “different”;
O Finding mentors to be unsympathetic or indifferent;
O Having their confidences revealed (even ifconfidentiality was promised); and
O Being rebuffed or resented for bringing upsensitive issues.
2. Elements of trust
For study participants, trust involved a belief in theability of the mentor or mentee to serve their needsand interests. Trust formed when mentors and menteessaw each other as competent, reliable, committed, andhonest (See Tables 2 and 3). Mentees, for example,wanted to know that the mentor was a “go-to person”who can get things done; would accept them for whothey are; would not be judgmental or negative if thementee sought help or asked questions; and wouldspeak up for them if the need arose. For their part, inorder to do these things for their mentees, mentorsneeded to know that the mentees were capable,diligent, and performing well.
Mentees had mixed views about the importance ofconfidentiality in relationships matched through formalmentoring programs. Some felt that the promise ofconfidentiality was critical and reassured them that theycould confide in mentors without fear of disclosure oradverse repercussions. Others, however, were skepticalabout any promise of confidentiality, and said theywould not confide in a partner mentor in reliance onthat promise alone. For the mentees in this study who were in successful mentoring relationships, only30 percent mentioned a “lack of confidentiality” as amoderate challenge in their relationship. But for thosenot in current relationships, 100% mentioned this as a moderate to extreme challenge.
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Table 2.Elements of Trust: What Mentors Expect From Mentees
O Competence: the mentee demonstrates theintelligence, drive, interpersonal skills, and workethic to be an excellent lawyer.
O Reliability: the mentee can be depended on toget the work done, please the client, and help thementor out when needed.
O Commitment: the mentee is committed to his orher own success, to the mentoring relationship,and to the firm or company.
O Honesty: the mentee is willing to take reasonablerisks, will be honest about needs and concerns,and will seek help and feedback.
Table 3.Elements of Trust: What Mentees Expect From Mentors
O Competence: the mentor is capable of providingthe help the mentee needs (e.g., skills training,contacts, influence, empathy).
O Reliability: the mentor can be depended on tohelp the mentee, and will not betray the mentee’sconfidences.
O Commitment: the mentor is interested in thementee as an individual and in helping thementee succeed; has the mentee’s best interestsin mind; and will not belittle or judge the menteefor what he or she does not know.
O Honesty: the mentor will give the mentee honestand constructive feedback and help the menteeto learn.
3. Implications of gender and race differencesin establishing trust
Many participants experienced little or no discomfortwith each other in spite of their differences. This wasespecially true in relationships between women andbetween members of two different races or ethnicgroups. When successful mentors or mentees didexperience discomfort, they demonstrated an ability tostep out of their comfort zones and reach across theirdifferences. As they got to know each other, theydiscovered that they shared similar interests and values.
Relationships that cross race or gender lines have the potential for added risks and complications. Somementees expressed the risk as being rejected by thementor, finding the mentor indifferent to the mentee’sconcerns, or feeling incompetent with a prospective
mentor. It is easier to approach someone who is similar in some way that makes the effort less risky and increases the chances that their response will bepositive. As one mentor plainly put it, “Guys are morecomfortable with guys, women are more comfortable withwomen.” Similarly, people of the same race or similarcultural background often feel more at ease with othersof the same ethnicity. They presume that people fromthe same gender, race, or ethnic background havecommon life experiences.
That presumption may or may not hold true. Beingof the same race or gender can make starting arelationship easier, but “sameness” may not be enoughto form a mentoring connection, and just as differenceswill not necessarily prevent one. One example was anopenly gay female woman who was formally matched in a mentoring program with an openly gay man. Otherthan the fact that both were homosexual, they found no other basis for forming a relationship. They keep intouch with each other, but mutually decided to foregothe mentoring match.
Mentors and mentees who developed trust in eachother managed to avoid stereotypes and untestedassumptions that might otherwise have interfered withmentoring or led to mistakes in selection of mentors.For example, many minority lawyers might assume thatmentors could not understand someone from a differentrace or culture. Yet several study participants hadspouses of different races and were acutely sensitive to the issues that minorities face. Perhaps the mostcommon assumption expressed was that all womenpartners are interested in talking about work/lifeand/or family issues. Some mentees were disappointedwhen their women mentors did not share these interests.
An interesting finding of this study was that women and minorities formed relationships more easily witheach other. White women, and minority men andwomen, shared the experience of being outside themainstream white male culture. Because of thiscommon experience, they felt a higher degree of affinitywith one another, which made relationships easier tostart. Minority mentees could more comfortably discussrace issues with minority mentors, even if they were ofdifferent races or cultures, than with white mentors.One mentee noted that he and his mentor havedifferent accents, which sometimes made it hard tounderstand each other. But they could poke fun atthemselves, which helped their relationship grow.
Many women reported feeling a common bond withother women, especially if they both had young children.This bond transcended racial differences. Severalmentees, including white and minority men, reportedthat they had chosen female mentors with youngchildren so that they could more easily discusswork/life balance or unconventional career paths.
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D. COMMUNICATING ABOUTDIVERSITY ISSUES
Specifically with respect to discussions of race, barriersexisted mostly where one of the mentoring pair, usuallythe mentor, was white. In many of these cross-racerelationships, participants comfortably discussed manykinds of professional and personal matters, but theyavoided conversations about race or diversity. In somerelationships, white mentors were uncomfortablediscussing race issues with minority mentees, and inothers, minority mentees felt they could not confide in white male mentors. The unaddressed issues mostfrequently mentioned by mentees were their insecuritiesor uncertainties about law practice, the impact of raceor gender, and non-traditional career options. Theproblem was described by one mentee as having “half a mentor” because certain topics were not open todiscussion. “As a mentee, it doesn’t hurt my feelings ifsomeone acknowledges the [racial] difference betweenus. In some ways I like those relationships better. Itmakes me feel more comfortable — we’re not dancingaround the issues in some artificial way. What’suncomfortable for me is when we have to pretend that there isn’t a difference.” As a result, neithermentors nor the organization learned what menteeswere thinking about in terms of diversity issues. When the topics were viewed as off limits, some menteesconcluded that the organization did not care abouteither the issues or its women and minority lawyers.
These findings do not mean that all mentoring pairswith a white mentor or mentee avoided discussions of race. In fact, these issues were discussed freely inmany successful mentoring relationships between whitemale mentors and women and minority mentees. In onestudy pair, a white mentor and his African Americanfemale mentee explored how the mentee’s race andgender affected her professional life. He counseled heron strategies to deal with situations where she believedher race or gender was an issue. Nor do the findingssuggest that all minority mentor/mentee pairsdiscussed diversity issues. In another study pair, with a mentor and mentee from the same minority group,the male mentor was reluctant to address issues ofgender diversity with his female mentee. In most cases, though, the shared status of being “outside”the majority gave mentors and mentees of different
minority groups or ethnicities an initial comfort leveland presumption of trust that made conversationsabout race and cultural issues easier.
In cross-gender and cross-race mentoring relationshipswhere diversity issues were openly discussed, mentorsmade a concerted effort to build a trusting andcomfortable environment. They listened carefully and
learned from the mentee; shored up the mentee’s self-confidence; and helped the mentee findopportunities to prove their excellence.
E. MOTIVATING FACTORS INESTABLISHING SUCCESSFULCROSS-GENDER ANDCROSS-RACE MENTORINGRELATIONSHIPS
The primary motivators for mentoring were work-related.Mentors wanted proficient mentees to serve theirclients. Mentees wanted access to and feedback frommentors with high-quality, high-visibility work experience.For work-related purposes, gender and race were notprominent factors in the development of mentoringrelationships. Gender and race were often motivatingfactors, however, when mentoring was offered or soughtfor purposes of workplace orientation, social inclusion,and psychological support.
1. Mentors’ motivating factors in reaching outto women and minorities
When mentors identified a woman or minority lawyerwith extraordinary talent and potential, their motivationin reaching out to that lawyer was practical, notaltruistic. The mentor’s interest in helping that lawyerdevelop and advance was driven primarily by a desire toretain talented lawyers and increase the organization’scompetitive advantage. “Any time you are going todevote that much attention and energy to something, youfeel like it will provide extra value to the firm and yourown individual career to have some real strong peoplewho work with you. That’s one of my real incentives.” Asone mentor pointed out, mentoring is “an investment inthe institution — if we don’t develop good lawyers, wecan’t do well as a business.”
Mentors who reached out to women and minoritylawyers were also motivated by personal satisfactionand a desire to help a more diverse pool to succeed.They took pleasure in helping talented lawyers succeed.They tried to make life easier for mentees within theorganization by building a supportive personalrelationship and by imparting knowledge about theorganization’s culture and operations. Some mentorsmade a special effort to mentor women and minoritiesbecause they were aware that these lawyers often hada harder time finding mentors in the organization.Minority mentors in particular knew from experiencewhat it is like to be new to an organization and feel a sense of isolation. They were more likely to reach out to other minority lawyers to welcome them into the organization.
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2. How employers create an environment that supports mentoring for women and minorities.
A. Priorities and Policies
The study found that employers promoting cross-genderand cross-race mentoring as part of their diversityinitiatives, create an environment that supports diversementoring relationships. Inside the firm or company,they set priorities, policies, and compensation thatreflect the importance of mentoring and diversity. Theymake it a priority for influential leaders to serve as mentors. Other examples include:
O Tangible and significant awards to outstandingmentors (e.g., cash, travel);
O In-house forums for women and minority lawyers;
O Alternative career paths and flexible workingarrangements for lawyers with children; and
O In law firms, billable hour credit for mentoring and diversity activities.
Organizations also show their commitment to diversity through activities beyond the workplace. They encourage and support lawyers’ participation in law school and community activities that promotementoring and diversity. Two examples are:
O Participation in a mentoring program for minoritylaw students; and
O Sponsorship of a forum for local law students on what to expect as a minority lawyer in locallaw firms.
B. Diversity Initiatives
Many organizations undertake diversity initiatives that feature training and cultural events that raiseawareness of diversity. Effective diversity trainingprograms enable people to raise difficult or sensitiveissues about diversity without fear of being penalized or shunned. They create an environment wherespeaking out about diversity was acceptable andnormal. Study participants felt that such programs intheir organizations were valuable, but that they tendedto be too abstract and general, with little immediateapplication to their everyday work lives. They wantedprograms that allowed them to discuss diversity on a more personal one-on-one level in the workplace.
C. Mentoring Programs
Formal mentoring programs provide access to mentors.They are a supplement, not a substitute, for informalmentoring. Participants found special value in formalprograms because these programs:
O Ensured that all lawyers have at least someexposure to and experience with a mentor;
O Are particularly helpful in the early stages of alawyer’s career, when mentees do not know howto initiate a mentoring relationship with the rightperson; and
O Make mentoring relationships across gender andrace normal rather than exceptional.
This last point is of special importance for women andminority mentees. For women, it lessens the likelihoodof sexual innuendo. For minority lawyers, it reducesapprehension in potential mentors as cross-racementoring relationships become accepted and more commonplace.
It is important to be realistic about what formalmentoring programs can accomplish. A formal programcan jump-start the process, but the individuals mustmake a personal investment to take it to the next level.In addition, although formal mentoring programs are valuable, they are not sufficient to meet mostmentees’ needs. Lawyers should be encouraged tofind additional mentors informally.
F. CHARACTERISTICS OFSUCCESSFUL CROSS-GENDERAND CROSS-RACE MENTORINGRELATIONSHIPS
In all successful mentoring relationships, both partiesrespect, trust, and take a personal interest in eachother. They make an effort to discover each other’sstrengths, needs, values, and interests, and arecommitted to making their relationship work. Thementee is eager to learn from the mentor; the mentoris happy to impart encouragement, knowledge, andwisdom. Both parties are driven to acquire theinformation and knowledge they need to succeed.These characteristics are the same whether therelationship is formal or informal and whether thementor and mentee are of the same or differentgenders, cultures, or races.
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Some of the strategies that study participants used to establish successful cross-gender and cross-racementoring relationships include:
O Using work and work-related activities as a natural starting point to begin their mentoring efforts;
O Casting a wide net, they sought to establishmentoring relationships across many venues:internal departments within law firms; functionalgroups within corporate law departments andoutside counsel; and within bar associations;
O Searching for common interests and valuesinstead of focusing on surface differences;
O Among women and minorities, forming bondsthrough their shared status as outsiders to themainstream culture of their employers, wherewhite males were in the majority generally, and in particular at organizational leadership levels;
O Making efforts to learn about each other;
O Using empathy to understand each other’sconcerns;
O Being clear about their needs and expectations;
O Avoiding stereotypes and untested assumptionsabout each other; and
O Risking discomfort to make the relationship work.
G. BARRIERS TO SUCCESSFULCROSS-GENDER ANDCROSS-RACE MENTORINGRELATIONSHIPS
Researchers have reported obstacles in the legalworkplace that impede mentoring for all lawyers,and note additional, unique challenges for women and minority lawyers. To get work, these lawyers have to overcome prejudgments and low expectations abouttheir abilities. Socially, they have to “fit in” despite theirdifferences. Culturally, they have to adapt to a new andunfamiliar environment. Institutionally, they have to deal with and overcome obstacles to inclusion and advancement.
Our study group did not discount the importance of these challenges, but they did not dwell on them or use them as reasons not to move forward. Theymentioned seven specific challenges to cross-genderand cross-race mentoring:
O White mentors’ discomfort about mentoringminority lawyers;
O Male mentors’ discomfort about mentoringwomen lawyers;
O Mentees’ discomfort about discussing gender or race with mentors unlike them;
O Stereotyping by mentors and mentees;
O Minority and women lawyers’ lack of appreciationof the value of mentoring;
O Mentees’ perceived lack of suitable mentors; and
O Lack of institutional support for diversity and mentoring.
Not all cross-gender and cross-race mentor/menteepairs experienced all of these challenges. In addition,participants noted other factors besides gender andrace that interfered with mentoring relationships,including age and class differences:
O Younger lawyers placed greater value on makingtime for family life than did many of their mentors;
O Younger lawyers had different attitudes towardwork than many of their mentors;
O Class differences hindered relationships withlawyers from lower socio-economic classes orrural backgrounds, or who are immigrants or first-generation Americans; and
O Lawyers without the “right” credentials (e.g.,degrees from elite colleges or law schools) weresubject to bias. This was less pronounced for in-house lawyers, because corporate employerstend to look for lawyers with proven ability andrelevant experience in a field of practice, not lawschool or class rank.
Time is often cited as a barrier to mentoring becausethe pressure of work, and in law firms, the lack ofbillable hour credit for mentoring, makes it difficult toschedule meetings and to interact casually. This studygot mixed results about the impact of time constraintson mentoring. Only 30 percent of the mentors in currentmentoring relationships stated that time was a challenge,while over 70 percent of mentees said that it was.
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A. RECOMMENDATIONS FOR THEMENTORING PAIR
Both parties must take an active role to make cross-gender and cross-race mentoring succeed.
1. Communicate expectations
In successful mentoring relationships, mentor andmentee discuss their expectations. If you and yourmentor and mentee are matched in a formal program,review the program objectives and guidelines.Successful programs have a program coordinator,written program objectives and training that setsguidelines for the mentoring pairs. If there are fewprogram resources or if your relationship is informal,review the mentee’s development and career goals.Decide together what you want to achieve in thementoring relationship. Additionally, it may be helpful to refer to the many published mentoring guidebooksand manuals that are available.4
O If you are the mentor, explain how you would liketo help the mentee — and what you expect fromthe mentee.
O If you are the mentee, tell the mentor yourdevelopment goals and your desire forassistance. Be as clear as possible about howthe mentor can help you, and ask what thementor will expect of you. Let the mentor knowthat you appreciate their willingness to mentor you.
2. Take steps to support trust-building
Trust is the cornerstone of a successful mentoringrelationship. Trust builds in small steps andaccumulates over time. When people see that theirtrust is well placed, they extend more trust. If they seethat it is misplaced, they withhold future trust. Decidewhat information, tasks, or confidences you are willingto entrust to your mentor or mentee, and when it isappropriate to do so. Table 4 lists some general pointsto consider in building trust in a mentoring relationship:
Table 4:Building trust in a mentoring relationship*
O Commitment to the confidentiality of yourdiscussions
O Learning the other person’s importantprofessional and personal goals
O Speaking and acting with consistency
O Understanding faults without exploiting them
O Learning to value the differences in perspectiveand seeking to learn from them
O Avoiding public critism of your mentoring partner
O Inquiring about unknowns rather than relying on assumptions
(* The Mentoring Bridge, 2001)
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Recommendations for Mentees and Mentors in
Diverse Mentoring Relationships
4 Some of these resources are listed in the additional resources at the end of this report.
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A. Mentees Build Trust Through Work
Mentees build trust in large part by demonstrating that the mentor can depend on their abilities andcommitment. (See Section IV.C.2 regarding elements of trust.) As a mentee, show that you have theintelligence, drive, and hard work to be an excellentlawyer. Study participants noted specific actions thatdemonstrate trustworthiness to a mentor, including:
O Performing confidently and showing enthusiasmfor your work
O Aligning your behavior with firm or corporatenorms and culture to the extent you can
O Being honest about mistakes
O Holding in confidence any “inside” informationshared with you by your mentee
O Give your mentor the benefit of the doubt if his or her perspectives are different from yours,especially regarding diversity issues. Do notpresume an insensitive statement to carry malicewhen it may simply indicate ignorance
O Build trust by sharing your views and experiencesand helping to educate your mentor on diversityissues (race, gender, cultural, generational,socio-economic, etc.)
B. Mentors Build Trust By Extending Trust
Mentors can help build trust by extending trust to thementee. Showing mentees that you place your trust inthem builds their self-confidence and makes them moreinclined to trust you as well. Study participants notedmany of the specific ways that mentors helped makementees feel trusted, including the following examples:
O Give information about the organization, practiceissues, and what it takes to be a successfullawyer. Information about the organization’sculture and unwritten rules is especially valuable.
O Disclose private or “inside” information, such as information about firm or company business,politics, and clients. One mentor in the studygroup provided information about managementcommittee priorities to a mentee coming up forpartnership. Such disclosures are seen as a signof respect for the mentee’s judgment and trust in the mentee’s character.
O Do not belittle mentees for what they do not know, but help them learn instead. Give them needed help and support, and if you cannot satisfy their needs, suggest or find additional assistance.
O Give the mentee the benefit of the doubt when work problems occur. Women and minority mentees may have fears, insecurities,awkwardness in the workplace culture, or sense of isolation that can interfere with theirinitial ability to perform. Let them know that you are supportive and help them find ways to improve performance.
3. Focus on rapport, not chemistry
In any personal relationship, “chemistry” matters. You need to like the other person or at least find themcompatible. But while mentoring is personal, it is not a date or romance. Early in the relationship, focus onbuilding rapport. “If there is not some kind of rapportthen you never get to where you actually care for thementee’s career progress.”
See if the other person’s work habits, communicationstyle, and personality are sufficiently compatible so that you can have a meaningful mentoring relationship. Be receptive to the possibility that differences mayactually help your relationship. For example, one of you may be a big-picture thinker while the other is more detail-oriented. These opposite characteristics can complement and strengthen your rapport.
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4. Seek shared interests and values
Look for common interests that you both share. Youstart out together with a shared goal: both of you wantthe mentee to learn, succeed, and build a lasting careerwith the organization. Begin with this and then searchfor other shared goals and values. Explore personalinformation, such as interests, hobbies, or family. One of the minority mentees in the study started arelationship based on a common interest in wine thatlater expanded into a fruitful mentoring relationship.
5. Improve your ability to discussdiversity issues
You can learn how to be more at ease and competentin discussing diversity issues through diversityeducation that raises your awareness and improvesyour communication skills. (See Section VI. E. for adiscussion of diversity education.) In addition, attendingdialogue sessions and focus groups with participantswho are of a different gender or race will expose you tonew perspectives and give you hands-on experience incommunicating with diverse individuals. This is equallytrue for Caucasians and non-Caucasians. Engaging in dialogues that are inclusive and open to divergentviews from diverse individuals brings diversity down to a personal, one-on-one level, and increases comfort and competence in communicating across differences.
6. Be prudent when raising diversity issues
In raising issues of race or gender diversity, be prudent and use good judgment. Whether to raise the issues or not depends on the nature and maturityof your mentoring relationship, as well as the time and occasion. Consider whether there is a need todiscuss the topic with this mentor or mentee and howthe discussion might impact your relationship. Thinkabout your previous discussions. Have there been anysignals that the person is receptive or reluctant todiscuss diversity issues? Start by bringing up low-risksubjects, or subjects more general than personal, untilyou get a sense of whether the person will be open to the discussion.
7. Commit to confidentiality
If you are in a formal mentoring relationship, adhere to your mentoring program’s provisions regardingconfidentiality of mentor-mentee communications. Inboth formal and informal mentoring relationships,honor requests made by your mentee or mentor tomaintain the confidentiality of any personal or sensitivedisclosures they make to you. If legal restrictions, ororganizational rules or considerations, prevent you frommaintaining confidentiality, advise the other person. If possible, do so before the disclosure is made.
B. RECOMMENDATIONS FORMENTEES
1. Focus first on being an excellent lawyer
Make being a first-rate lawyer your highest priority. Your intelligence, desire, and effort to achieve topquality performance will make others interested inworking with you and being your mentor. Dedicateyourself to producing outstanding work. Findopportunities to demonstrate your abilities and build a reputation for excellence and hard work.
O Show a passion for the law. Good mentors love what they do. If you don’t, they lose interest in you.
O Make visible contributions to work projects,conversations, and client service.
O Follow through on work assignments,agreements, and promises. Let mentors see that you can be trusted to get the work donethoroughly and on time.
O When you need information or help, ask for it.Ask confidently, with self-assurance, and without apology.
O Ask for feedback, and show your mentor how youused the feedback to improve your performance.
O Acknowledge mistakes and be honest about thesource. Do not blame others or sidestep theconsequences.
A. Learn and Observe
Learn the corporate culture and work ethic byobserving, inquiring, listening, and participating.Determine what people expect of you, not just in termsof work, but also in terms of your professional image,behavior, and style. Develop a strong sense of who youare and the lawyer you want to be. Mentors can helpyou learn how others perceive you — and how you cancreate the perceptions you want.
Observe successful colleagues: What do they do? Howdo they operate? With whom are they allied? Considerwhether you can emulate any of the principles,strategies and tactics used by others. Success inorganizations often involves compromise. If the traitsyour organization requires for success contradict yourvalues or cultural upbringing, you may be faced withsome difficult choices. For example, organizationsfrequently expect their trial lawyers to project a certainimage with clients and in their courtroom demeanor. Ifthese behaviors are not natural or are not valued in
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your culture, then some adaptations may be neededif you want to succeed as a trial lawyer in thisorganization. You may have to decide what you arewilling to let go, what traits or habits you will adapt,and what essential new behaviors you must acquire inorder to be successful. Knowing what your values andpriorities are will make it easier to make those choices.
B. Become a Visible Part of the
Organization
Your professional success depends on your becoming avisibly active member of your organization. This requiresyou to take part in social and community activities,committee work, and management endeavors inaddition to doing your legal work. Use these activities to demonstrate your abilities and contributions to theorganization, and also to meet potential mentors.
C. Limit Activities As Diversity
Representatives
Place appropriate limits on your “extra” and in the case of lawyers in law firms, non-billable diversitycommitments to protect your self-interest in learning,development, and building connections in the firm. It is worthwhile for you to participate in some of these activities, but you should not have to be theorganization’s representative in all diversity events. Turn down invitations tactfully, explaining that yourcommitments to clients, partners, or other diversityactivities, make it hard for you to take more time away from work.
2. Approach mentoring strategically
Decide your development and career goals, then identify and approach potential mentors who can helpyou achieve them.
A. Decide on Your Development and
Career Goals
Think about both short and long-term goals. Consider your own ambitions, as well as feedback fromperformance evaluations and supervisors, informationfrom peers, and your observations about what it takesto succeed in your organization. Set goals andperiodically revisit and adjust them. In determininggoals, ask yourself:
O Who do I want to be?
O What do I want to achieve?
O What kinds of work, skills, and knowledge do Ineed to get me there?
O Who can help me get the work, learn the skills,and acquire the knowledge?
O What risks are involved? How can I manage them?
O Can I achieve a meaningful life balance if I do thekind of work I want to do?
O What options are available to me in this firm orcompany?
O What alternatives in the legal profession areavailable to me?
B. Identify Potential Mentors
The best mentors are those who can help you towardthe goals you set for yourself. Choose prospectivementors on the basis of your development and careerneeds, not comfort, convenience, or habit. Thesementors are to help you deal with professional issues.They do not need to become your friends, although it isan extra bonus if they do. Some young lawyers think thebest mentor is the firm’s managing partner or thecorporation’s general counsel. The appeal of a powerfulmentor is understandable, but those individuals mightbe valuable mentors for some purposes and whollyirrelevant for others. If your primary goal is to developexpertise in a legal field, a patient teacher withexpertise in that field may be the best mentor. If thegoal is to move to a business unit of the corporation,then the best mentor may be the director or vicepresident of the business unit that interests you.
C. Make Your Search for
Mentors Expansive
Expand your mentoring horizons. Do not limit yoursearch for mentors to any particular group or categoryof people. You may need different mentors for different needs:
O Mentors of the same race and gender to serveas role models
O Mentors of the same race and gender whounderstand your professional identity issues
O Mentors who can open doors for you. These arefrequently white men and women.
O Mentors who can share their wisdom andcontacts
O Mentors of various races and cultures, and bothgenders, who will increase your ability to workwith diverse people
O Peers who can give you advice and support
Work supervisors are a likely source of mentors,although not all supervisors will want to be your mentornor will they necessarily be the mentors you want.
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Here are some questions to consider when you arelooking for a potential mentor. The answers will varydepending on the reasons for your search:
O What skills, talents, connections, or other traitsshould the mentor have?
O What kind of mentor would best suit myprofessional needs at this point in my career(e.g., teacher, role model, confidante, advocatefor advancement)?
O Is the person’s position in the organizationimportant? Must it be a partner, manager, orexecutive?
O Is the person’s race, gender, age, sexualorientation, or other diversity characteristicimportant? Must the mentor be like me or can it be someone who is different?
O Should the mentor be someone I work with? In the same practice group? In the samedepartment?
O Should the mentor be in my firm or corporation?Would an outside perspective be of benefit?
D. Attract Mentors
Potential mentors want mentees who they perceive as smart, enthusiastic, hard working, and receptive tohelp. You must demonstrate these traits to show thementor that you are worth his or her investment of timeand effort. Take the initiative, ask questions, show yourdesire to learn, and be open to direction and feedback.Offer something of benefit to the mentor (e.g.,assistance on a work project or simply the eagerness to become a better lawyer). Because familiarity isimportant, find a way to interact often with a potentialmentor. The most fruitful interactions are on businessor client matters, but almost any activity is opportune ifit allows you to prove, through your performance andcommitment, that you “have what it takes.” If occasionsto work together are not immediately available, createopportunities for contact by offering to help on a legalmatter or by inviting the potential mentor to lunch.
E. Be Alert to Mentoring Opportunities
In addition to seeking mentors, be on the lookout for potential mentors who come your way. Acceptinvitations to participate in activities not strictly relatedto your work, e.g., to attend a client meeting or join awomen’s bar association. Such activities can lead tofruitful mentoring relationships. Do not make themistake of missing, ignoring, or even rejecting overturesof help or offered feedback. When someone takes aninterest in you, respond favorably!
If you are not receptive to a potential mentor’s offer,the mentor will assume you are not interested andtherefore not worth a mentoring investment. Even if youdecline the particular offer, acknowledge the overture,thank the person, and keep the lines of communicationopen. If you wish to pursue the relationship, contact theperson soon afterward and find reasons to get togetheror stay in touch.
3. Build a network of mentors
Do not expect or demand everything from any onementor. No single mentor is likely to have all theanswers or help you need. Instead, find multiplementors. Take advantage of a corporate or law officementoring program if there is one, but look for otherinformal mentors as well. Build relationships with manymentors who meet different needs. This process shouldbe purposeful and ongoing; it does not stop after yourfirst two or three years in practice. Look for mentors,and build your network, throughout your career.
Building a network requires that you get out and meetpeople. You need to participate in office functions, meetpeople in other departments, and look for people whoshare your interests outside of work. Do not isolateyourself within one identity group, but get to knowindividuals with diverse interests and backgrounds.
You may not believe that networking is important, or itmay be contrary to your nature or upbringing. But it isvital. Alliances with peers, partners, and colleagues atwork help you stay informed, avoid pitfalls, learn aboutopportunities, and increase your visibility. Peers whomove into influential positions in your organization orwho move elsewhere and rise up the ladder are futuresources of sponsorship, clients, and work. Businessand community contacts become potential mentors and clients, and community leaders and clients makeexcellent, influential sponsors for you both inside andoutside the organization.
4. Be willing to discuss race andgender issues
Do not avoid discussing the impact of race or gender on your career. If you have concerns about the way youare treated, and suspect it may be related to your raceor gender, have the conversation with someone whomyou feel would be a good sounding board. This might be a mentor, a peer, a parent, or a friend. If you do notraise these issues, they cannot be addressed.
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Similarly, be receptive to overtures from mentors whowant to learn from you and help you. Do not bristlewhen they raise the subject of race or gender, and donot assume questionable comments or inquiries havebad intentions. Remarks that seem offensive oftenderive from ignorance rather than malice. People cannotcorrect their ignorance or confront their assumptionswithout someone making an effort to educate them.
C. RECOMMENDATIONS FORMENTORS
Effective mentors realize and accept a pivotal role inlawyers’mentees’ professional development. The singlemost valuable thing you can do as a mentor is to take a genuine and active interest in a mentee’s success. In a cross-gender or cross-race relationship, an effective mentor requires you to be especially sensitive and empathetic.
1. Help women and minorities becomeexcellent lawyers
A. Give Good Work and Opportunities
to Excel
The sine qua non of success in law firms and corporatelaw departments is outstanding performance. Qualitywork experience is the most important way mentors can help women and minority lawyers show their ability,drive, and commitment to excellence. If you are in aposition to control work assignments, ensure that their work experience gives them increasingly greaterchallenges, responsibilities and visibility. If you do notcontrol the mentee’s work, assist by monitoring andoffering guidance on the mentee’s workload and rangeof experience. Once mentee’s prove their ability,acknowledge their achievements and help build theirreputation in the organization. When you call attentionto their merit, other partners and managers will takeinterest in them.
B. Give Meaningful and
Constructive Feedback
Feedback is critically important for lawyers’ learning and development. Your feedback must be constructive,meaningful, candid and ongoing — not just duringannual or semi-annual reviews. In giving feedback, bepatient, tactful, and honest. No one is helped when you soft-pedal your feedback to women or minorities. In giving feedback, patience, honesty and tact areimportantIf praise is due, give it and be specific. If criticism is warranted, base it on facts andobservations. If you can base your feedback onconcrete, observable data, there should be no reasonto worry that your comments are sexist or racist. If you still have concerns that your feedback may seem
sexist or racist, examine your motivation and yourmessage. Ask yourself:
O Are my intentions constructive and positive?
O Would I give the same feedback if the personwere not a woman or minority?
O What is the best way to say what I want thementee to understand?
O Does my feedback refer to specific work orbehavior I observed?
O Does my feedback point out specific performancestandards that were not met?
C. Be Open to Different Styles
and Approaches
Women and minority lawyers may approach work in away that is different from what you expect. Recognizethat different perspectives, styles, and behaviors maylead to the same goals in a more creative way, and lookfor ways that those differences can add value to thework team. Consider how the mentee’s differences canimpact the organization’s culture, methods of operation,or client relationships, both positively and adversely.
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Certain behaviors and styles may have a negative effect on the mentee’s performance evaluations andadvancement opportunities, but mentees may not know it. Good mentors do not shy away from discussingthese issues with mentees. Instead, reach out to them,share information, and offer resources and advice. Inthe study group, one mentee believed that “keeping hernose to the grindstone” was sufficient to progress inthe company. Her mentor counseled her that sheneeded to be more socially engaged in the organizationin order to advance and assume a leadership position.Together they worked out a plan for the mentee tobecome involved in certain office activities that wouldmake her more visible and raise awareness within thecompany of her leadership abilities.
People often make assumptions about an individualbased on their beliefs about or past experience withmembers of a group with which they associate thatindividual. Some of these assumptions are based on a lack of knowledge about cultural values and customs.Be aware that the assumptions you make affect the quality of your expectations, evaluations, andinteractions, particularly in cross-gender and cross-racerelationships. Make it a point to learn about differentcultures and individuals from those cultures. This willhelp you be a more effective mentor in mentoringrelationships with members of different racial andcultural groups.
2. Initiate mentoring relationships
A. Be Approachable and Available to
Potential Women and Minority Mentees
Potential women and minority mentees need to believethat you would be interested in them and willing to betheir mentor. The first step is to establish a reputationas a person who cares about and is committed todiversity. Be a visible and vocal advocate for diversityon your work teams and in the organization, thecommunity, and the profession.
You also need to be accessible to these potentialmentees. Participate in office, professional, andcommunity events where you will meet and get to know men and women of different races and cultures. When you attend, make a special effort to engage inconversation and establish rapport. Introduce them toothers and help make them feel welcome and included.Encourage potential mentees to contact you, and whenthey do, respond promptly. Create follow-up occasionsto be sociable; invite potential mentees for coffee or to lunch.
B. Take the Initiative
As the mentor, you should make the opening moves.Invite the mentee to talk and get acquainted. Talk aboutyour life experiences and career goals, and ask themabout theirs. In most instances, how you ask mattersmore than what you ask. What is most important is tohave a genuine and sincere interest in learning aboutthe mentee — not as a symbol of their race or gender— but as an individual. Show mentees that you careabout them personally and that you are interested intheir development. Make these discussions concrete,not abstract. Explore what the mentees are thinking,doing, and experiencing in the organization by askingopen-ended questions. Gauge their comfort level bytheir answers and body language, and continue thediscussion at their level of comfort. Conversationsabout personal issues may need to be delayed until the relationship is firmly established.
C. Be Empathetic
Empathy is a mechanism for building trust. Empatheticpeople try to share in another person’s thinking andfeeling. The ability to be empathic can be improvedthrough training, self-reflection, and practice. Learnabout others’ experiences, especially the experience of being different. “I, a white woman, have been inmeetings where I was the only woman, but I never feltanything like I felt when I walked into that room with 70African American lawyers.” Try to understand how thementee interprets events, comments, and people. Inaddition to asking directly about how women andminorities experience the world. The followingapproaches may be helpful:
O Ask your women and minority mentees directlyabout how they experience the world. Do notassume that life is the same for the mentee as itis for you. One mentor frequently describes apersonal experience and states, “This was myexperience. Has it been the same for you?”
O Put yourself in situations where you are in theminority, e.g., attending a conference for womenor minorities. One study participant, a white non-Hispanic lawyer with a Spanish-soundingsurname, was invited to participate in severaldiversity-oriented conferences because she waspresumed to be Hispanic. She participatedanyway and found the experience to be powerfuland enlightening about what it means to be aminority lawyer. Today she serves on the board of a minority bar organization.
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O Get involved in diversity initiatives and programswhere you come into frequent contact with peopleof other races and cultures.
O Read about the experiences of individuals ofother races and cultures.
D. Be a Good Listener
Listening is a powerful tool that shows you areinterested in the person, take them seriously, and care about what they are saying. Recognize what oneparticipant called “drop everything” moments. When,for example, the mentee asks you, “Was I mistreated in that deposition because I’m a minority?,” listen anddeal with this question right away. Ask for details aboutwhat happened and why the mentee perceived thesituation to be discriminatory. Help them put thesituation in perspective. Let them know if this situation occurs commonly for all lawyers and is notrace or gender based. If the situation does seem to be discriminatory, help the mentee decide how it should be dealt with.
3. Encourage discussion of diversity topics
A. Introduce Race and Gender Issues
Let mentees of a different race or gender know that you are open to discussing race and gender issues and are available if they want to talk. Acknowledge that they might not want to talk to you about these things,or might not be prepared to talk about them at thisparticular point in your relationship. Let them know thatthey are not obligated to talk with you, but that theymay raise the subject with you if and when they areinterested. Some situations or topics may make you orthe mentee feel uncomfortable. If either of you is ill atease dealing with a subject, acknowledge your uneaseand allow the mentee the same courtesy.
If you believe that a mentee is having a problembecause of their race or gender, let them know. Onementee told her mentor about a bad time she washaving with a supervisor. She felt it was work-related.After hearing the facts, however, the mentor questionedwhether the supervisor might be uncomfortable havinga minority woman working on the project. This newinsight enabled the mentee to develop new strategiesfor working with the supervisor.
Sometimes a mentee will seek your advice about a race or gender issue. If you feel you do not haveenough knowledge or insight about what they areexperiencing or feeling as a woman or minority lawyer,
admit it. One white male mentor tells his women andminority mentees, “I don’t have your experience orbackground, so let me learn to see it through youreyes.” He asks the mentees, “What’s important to you?If I understand better how you view things, I can helpyou more and understand you better.”
B. Find Natural Opportunities to Discuss
Gender, Race, and Work/Life Issues
There are natural opportunities for mentors to talk withmentees about diversity issues. Seize such moments toaddress these issues if the time and setting areappropriate. Some examples include:
O Pregnancy and birth present a natural backdropfor talking about family and children. Let thementee know that you are supportive and willingto discuss how these events will affect them atwork. Avoid assumptions about the lawyer’s levelof work commitment or work schedule. If theyneed flexibility (e.g., in workload, scheduling,telecommuting) because of their changedcircumstances, be willing to advise them abouthow to present proposals to the organization. Ifyou can, ensure that the lawyer continues to havechallenging work and meaningful responsibility.
O Lawyers who practice labor and employment law often have reason to discuss discriminationissues in the course of work. In the course of these discussions about clients or cases,discussions might shift to a less abstract,more personal level. Be open to them.
O Participating together in diversity-oriented eventsin the firm or corporation, a bar association, orthe community presents a natural forum forstarting discussions about diversity. Be willing to participate in professional and bar associationactivities where you will not be in the majority.Invite your mentee and attend together.
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A. CREATE AN ENVIRONMENTCONDUCIVE TO CROSS-GENDERAND CROSS-RACE MENTORING
Cross-gender and cross-race mentoring requires asupportive environment that accepts differences andpromotes lawyers’ learning and development. To createsuch an environment, law firms and corporations needstrong leadership supplemented by activities thatsupport diverse groups and promote interaction among diverse individuals.
1. Provide leadership and support
Have leaders model mentoring behavior by being visibleand active mentors to diverse mentees. When leadersvisibly invest in women and minorities, it creates apositive perception of cross-gender and cross-racementoring relationships. It shows others that theserelationships are important and encouraged by theorganization. It also shows women and minorities thatthey are valued, and that they can be — indeed, areexpected to be — successful here.
Ask your professional development director to ensurethat lawyers’ training and development activitiesaddress diversity issues, promote mentoring, andmanage work allocation and evaluations fairly andthoroughly. If you also have a diversity director, thenthose two individuals should work together on diversityand mentoring issues. If no one coordinates theseactivities in your organization, consider creating one or both positions or placing someone in charge ofprofessional development and diversity.
2. Encourage affinity groups
Sponsor and support affinity groups where women and minorities can speak freely about issues of specificconcern to them and to the organization. Affinity groupsare composed of individuals in the organization whomeet together to address issues of particular concernto group members, e.g., women, minority lawyers,parents, gay and lesbian lawyers. Such groups provide a forum to discuss professional concerns and build asense of community within the firm or company. Theyprovide professional development opportunities, anexpansive internal network, and social support, as well as a source of potential mentors, mentees, androle models. Lawyers who participate in these groups come from all practice areas and business units in the organization.
3. Make social activities purposeful and inclusive
If your organization holds social events, use them to bring together potential mentors and mentees ofvarious races and backgrounds. These events shouldhave a broad appeal rather than focus on male-orientedactivities such as hunting, fishing, and sporting events.Instruct everyone that people they are expected to meetothers people they do not already know, especiallywomen and people of color who are new to theorganization. Remind those who attend that theseevents are opportunities to meet potential mentorsand mentees.
B. ENSURE GOOD WORKEXPERIENCES
Ensure that women and minority lawyers receive a wide range of increasingly complex work, consistentwith their demonstrated ability. This will promote theirlearning and enhance their visibility. Give junior lawyersleading roles on client matters, especially if it will givethem direct client contact.
Implement systems for allocating and monitoring work. A work monitoring system can prevent womenand minority lawyers from being passed over forimportant assignments, and will ensure that they arenot given repetitive, undemanding tasks. In law firms,partners tend to utilize associates with whom they arecomfortable and familiar when a new matter comes.This tendency often excludes women and minoritylawyers from challenging, high profile work assignments. A work monitoring system can prevent this from happening.
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Recommendations to Employers for Supporting
Mentoring Across Differences
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C. MAKE GOOD SUPERVISION AMANAGERIAL IMPERATIVE
Talent development is an obligation of all partners and managers. Teach them to recognize and practiceeffective supervisory and mentoring skills, and holdthem accountable by reflecting the quality of theirperformance as supervisors in compensation decisions.
Make partners and managers aware that many of thejunior lawyers they supervise are expecting them toserve as mentors. Although supervisors cannot beexpected to become mentors for everyone theysupervise, they should be expected to help the peoplethey supervise find and make the best use of training,development, and mentoring opportunities.
When supervisors also act as mentors, make bothmentors and mentees aware of resources available tohelp them deal with mentoring conflicts if any occur. Let them know that it is acceptable (in fact, advisable)for mentees to seek assistance elsewhere if suchconflicts arise, and provide institutional resources forconflict resolution. In case conflicts arise for example,a program coordinator can change mentoring assignments or an ombudsperson can serve as a neutral intermediary.
D. MAKE PERFORMANCEEXPECTATIONS CLEAR ANDEVALUATIONS FAIR
Present and explain work standards and performanceexpectations to lawyers. Partners and managers oftenassume that everyone knows what it takes to advancein the organization. But many women and minoritylawyers may be less familiar with those standards and expectations. They do not know how law firms andcorporations operate and how they should conductthemselves within the workplace.
1. Explain promotion criteria
Let lawyers know the rules of the game, e.g., all thebases on which they will be evaluated. To the extentthat “unwritten rules” and political considerations canbe written down, do it. Tell lawyers what it takes tosucceed. Explain how promotion decisions are made.Make the process more transparent, consistent, andfair by describing the capabilities, skills, and behaviorsrequired for promotion. When the promotion process is data-driven, it becomes less political and moreobjective. It focuses more on merit and capability, notjust on advocacy. And in order to have credibility, thesame data-driven criteria must be applied equally,regardless of race or gender differences.
2. Ensure fair evaluations
Make performance evaluations as objective and fair aspossible. Base them on explicit performance standardsand competencies, and ensure that evaluations ofwomen and minorities are honest, fair, and free from bias.
O Review your evaluation forms, procedures,and results to ensure that they do not reflectstereotypes or unfair values. For example, insome organizations, aggressive men are laudedwhile aggressive women are criticized.
O Evaluate partners and managers on theircompetency and performance as mentors,particularly in developing and advancing women and minorities.
O Adopt a definition of success criteria forsuccessful performance that embraces diversity,and reflect those criteria in lawyer evaluations.For instance, include the ability to work withdiverse people or to adapt to multiculturalsituations as a competency to be evaluated.
3. Make expectations about participation indiversity activities fair and equal
Employers expect women and minority lawyers toparticipate actively in diversity, hiring, and committeeactivities. Women and minority lawyers need to balanceparticipation in organizational life with learning whatthey need to know to become excellent lawyers. It isimportant and valuable to have lawyers participate inthese diversity, hiring, and committee activities. But donot expect women and minority lawyers to devote moretime to these activities than white male lawyers. This isespecially true for women and minority lawyers in theirfirst year or two of practice, when they are learning thefundamentals of being a lawyer.
It is a delicate balance because participating in theseactivities is interesting to the mentee, important for theorganization, and vital to the mentee’s success in theorganization. Moreover, turning down “invitations” fromthe organization to take part in these activities maygenerate negative perceptions that the mentee is not a“good citizen” of the firm or corporation. To help lawyerscope with these competing pressures, employersshould be less demanding of the time they devote to extra activities and more concerned with theirdevelopment of legal knowledge and skills.
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E. EDUCATE ALL LAWYERS ABOUTDIVERSITY AND MENTORING
Education can assist lawyers to move beyondawkwardness and discomfort in dealing with race and gender differences. It helps lawyers develop theknowledge and ability they need to competently engagein cross-gender and cross-race mentoring relationships.
Education about diversity stimulates curiosity andunderstanding of people who see and experience theworld differently. It increases comfort and willingness to talk about diversity issues with people who aredifferent. It can also carry over into other practiceareas, such as helping lawyers understand diverseclients and jury panels.
1. Key points to consider in building aDiversity Education program:
O Build the foundation for a diversity educationprogram by:
o Benchmarking best diversity and mentoringpractices in the organization, the profession,and the business world.
o Presenting the business case for diversity andmentoring as a component of diversity.
O Include personality type assessments to promotebetter understanding of communication, learning,and work style differences and how to relateeffectively to people with these differences.
O Conduct training programs for all employees:
o Train all lawyers involved in recruitment ofwomen and minorities.
o Include mentoring and diversity training inorientation programs for new hires, summerhires and interns.
O Divide the training into stages. The first stageshould focus on raising awareness and thesecond stage on improving communication.
Table 5.Two Stages of Diversity Training: Awareness and Communication
O In the first stage of diversity training the primaryobjectives are to:
o Provide information about diversity and themulti-cultural nature of the world
o Help participants understand the power of assumptions
o Understand the role of stereotypes indecision-making
o Learn how values of different culturesprescribe certain behaviors
o Learn how to break out of “narrow-gauge”thinking and limiting behavior patterns.
O In the second stage of diversity training theprimary objectives build upon the initialfoundation of awareness. The objectives of thisstage are to:
o Increase the competency of individuals tohave dialogues with individuals who aredifferent, and
o Increase their willingness to engage inconversations about diversity.
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2. Make diversity a part of managementeducation
In particular, educational efforts should be directed at supervisors and managers. Even with education in diversity and mentoring, not all supervisors ormanagers will become good mentors. But it will makethem more capable and willing to try to mentor womenand minority lawyers. Train partners, supervisors, andmanagers in teaching, coaching, feedback, and carefulobservation of the work of lawyers they supervise. This will facilitate early recognition of performance orsocialization problems and improve the supervisor’sability to promptly implement appropriate interventions.
3. Provide mentoring education
Educating lawyers about the importance of mentoring,and teaching them mentoring skills, increases theirability to be successful mentors and mentees. Trainingthat increases lawyers’ competence in dealing with theunique issues of cross-race and cross-gender mentoringwill promote diversity in mentoring relationships.Training programs should cover:
O The benefits of mentoring to mentees, mentorsand the organization
O Expected roles and responsibilities of mentors,mentees and work supervisors
O Eradication of mentoring myths and unreasonable expectations
O How to start a mentoring relationship
O How to set mentoring goals and objectives
O How to find common ground and build afoundation for communicating across differences
O How to identify and resolve areas of potential conflict
O How to monitor and evaluate the mentoringrelationship
O How to exit from a mentoring relationship,whether formal or informal
A sample core training curriculum for a mentoringprogram appears in part VII. C. Program Models.
F. PROVIDE MENTORINGOPPORTUNITIES
1. Implement mentoring programs
Provide the elements that your mentoring program musthave to succeed:
O Program coordination is essential. Someonemust provide oversight to a mentoring program.
O Provide written guidelines, training, support,careful matching, and a system for handlingproblems in matched mentoring relationships.
O Clearly spell out goals and expectations formentoring relationships, and be sure thatmentors, mentees, and the program coordinatorshare a common understanding of their respectiveroles and responsibilities in the program.
Corporate law departments can take advantage of theircompany’s mentoring program, if available.
Provide guidelines and resources to support informalmentoring as well. In addition to offering education,
O Consider alternatives to one-on-one mentoring,i.e. group mentoring.5
O Start your program to impact lawyers at theearliest possible entry into the organization,e.g. with summer hires and interns.
o Build on the momentum set by mentoringprograms for summer interns and summerassociates in corporations and firms.
o Encourage junior lawyers to be mentors.
o Remind summer program mentors of theirinfluence not just as recruiters but also asmentors. Urge them to continue theirmentoring role when the mentee arrives for a full-time position.
2. Uphold confidentiality
Confidentiality is necessary for a trusting mentoringrelationship, whether that relationship is informal orformal. In order for people to disclose their personalfeelings and thoughts, they must believe that the otherperson will hold their comments in confidence. Thereare legal and often organization restrictions on whatmay not be kept confidential (e.g., information aboutpossible sexual harassment). Be sure lawyersunderstand, communicate, and uphold theirexpectations about confidentiality.
5 See, e.g., Ida O. Abbott, The Lawyers’ Guide to Mentoring, for a discussion of group mentoring.
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In informal mentoring relationships, mentor and mentee develop their own agreements about howconfidential disclosures will be handled. In formalmentoring programs, however, your organizationtypically may promise that most mentor-menteeconversations will be treated confidentially. But manymentees remain skeptical in spite of these promises.They are reluctant to reveal concerns or problems about work relationships or personal insecurities to an assigned mentor, especially someone a mentor inthe same work group or department. A more effectiveapproach to this situation is for mentees to have at least one mentor outside the practice area ordepartment, with whom they can discuss matters confidentially.
3. Provide role models for womenand minority lawyers
Women and minority lawyers need to see that variousmodels of success are available to them, and that there is no one “right” way to succeed. Partners andmanagers need to be reminded of this fact as well.Lawyers take many alternative routes to partnership or promotion, and they use many different approachesto business development, client management, andleadership. Expose mentees to successful women andminority lawyers who have succeeded using a variety ofstyles and approaches. This can be arranged in manyways, including group mentoring, affinity groups, and in-house forums for women and minorities.
G. SUPPORT NETWORKINGACTIVITIES
Encourage lawyers to become involved in outsideprofessional activities where they will be able to meetwomen and minority lawyers.
O Encourage participation in bar associations,especially minority bar networks
O Sponsor activities that bring potential mentors ormentees into your organization
O Encourage lawyers to mentor minority lawstudents.
O Hold noontime roundtable discussions wherelawyers from different law practice and businessunits can meet.
H. ACCOMMODATEWORK/LIFE NEEDS
All women and minority lawyers, particularly youngwomen and men, want to believe that it is possible to “have a life” while being a successful partner or in-house lawyer. Young men and women of all racesexpected their employers to make some accommodationto their work/life concerns. These lawyers expect tostay on a career track without having to sacrifice familyfor work. If this accommodation is not possible in yourorganization, then be honest with them up front. If it ispossible, show them that it can be done and how menand women in your organization do it. A mentor can bean important guide for helping the mentee address life balance issues including, putting the mentee intouch with others who have successfully faced similar challenges.
O If your organization would like to become moreaccommodating to lawyers’ work/life concerns.
O Rethink traditional career paths and providealternatives.
O Make work hour expectations reasonable and not excessive.
O Make part-time work convertible to partnership,not a dead-end.
Establish a “work/life quality” initiative that includessuch policies as flexible schedules, family leaves,telecommuting, and childcare assistance. Companiesthat already have “work/life quality” initiatives, shouldmake them available to in-house lawyers. Organizationsthat have adopted programs to benefit women andminorities find that they ultimately make theorganization better for all lawyers.
I. CONDUCT CONFIDENTIAL EXIT INTERVIEWS
Interview women and minority lawyers who leave thefirm to determine the reasons for their departure. Thisis an especially important measure if your organizationis having problems retaining women and minorities. Use the information to make changes and implementmeasures to make the work environment andorganizational culture more hospitable to women and minority lawyers.
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A. ESTABLISHING A MENTORINGPROGRAM IN LAW FIRMS:CHECKLIST6
A. Leadership commitment
O How committed are your firm leaders to astructured mentoring program?
B. Program objectives
O What do you want your mentoring program toachieve?
O How will a mentoring program further the firm’sbusiness strategy?
O What are your program objectives?
O Are your objectives practical, realistic, andmeasurable?
O Which attorneys will the program serve?
O What professional development needs will itaddress?
C. Program Parameters
O How long will the mentoring relationships last?
O What types of issues and concerns are within thescope of the mentoring relationship?
O How much time should the mentor and associatespend in mentoring activities?
O What should mentoring activities include?
O How much money should mentors spend onmentoring activities?
O Who will pay for these activities?
D. Procedure and criteria for matchingmentors and associates
O How will associates and mentors be matched?
O What criteria will be used?
O Will participants select their own mentors and/orassociates?
O Who will make the matching decision?
E. Program management
O Who will be your program coordinator?
O What will the program coordinator do exactly?
F. Training
O What will be included in your mentoring trainingcurriculum?
O Who will provide the training?
O When will training be given?
G. Ongoing support and monitoring
O What kind of support will the program coordinatorgive to participants?
O How will the program be monitored?
H. Evaluation
O How and when will the program be evaluated?
O Who will do the evaluation?
O How will individual mentoring experiences beevaluated?
O How will success be measured?
I. Mentoring Incentives
O How will you encourage and reward people whoengage in mentoring activities?
J. Mentors
O Who are the potential mentors in your program?
O What attributes will you look for in potentialmentors?
O Who can be mentors: partners? associates?retired partners? counsel? non-lawyer personnel?
O How will mentors be recruited?
K. Associates
O Which lawyers will be mentored in your program?
O Will participation be open to all or limited toselected associates?
O If the program will be limited, what will theselection criteria be?
O Will your program include part-time attorneys?
L. Mentor-associate relationships
O What will mentors’ responsibilities be?
O What will associates’ responsibilities be?
Program Models
6 From Ida O. Abbott, The Lawyer’s Guide to Mentoring, pages 143–145 Sponsored by the New York Women’s Bar Association Foundation, Inc.(National Association for Law Placement, Washington, DC, 2000)
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O Are mentor-associate communicationsconfidential?
O Are there any limits on confidentiality?
O How will you deal with problems that arise inmentoring relationships?
O Will the mentor supervise the associate’s work?
O If mentor and associate work together, how willthat impact confidentiality?
O What will be the mentor’s role in associateevaluations?
O How will the mentor be expected to handlesensitive information about the associate?
O What role, if any, will the mentor play in decidingthe associate’s work assignments?
O How will the mentor relate to the associate’ssupervising attorneys?
O How many mentors will be assigned to anassociate?
O How many associates will be assigned to amentor?
M. Written guidelines
O Do your written guidelines cover all essentialelements of the program?
N. Pilot project
O Which individuals, groups, and offices will be included?
O How long will the pilot project last?
O What procedure is in place to monitor and make adjustments?
O How will it be evaluated?
O. Marketing the program
O What will you use to market the program insidethe firm?
O Do your materials inform and promote?
O Are your marketing materials designed to attractlawyers and clients to the firm?
O How will you launch your program?
O How will you educate your lawyers and staff aboutthe program?
O What publicity materials will you use?
P. Integrating professional development activities
O Is your mentoring program coordinated with otherprofessional development activities?
O Will the mentoring program coordinator organizeany other aspects of associates’professionaldevelopment?
O Will mentors play a role in coordinating any otherprofessional development activities?
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B. MENTORING PROGRAM DESIGN FOR CORPORATIONS,LAW DEPARTMENTS AND PUBLIC AGENCIES
Figure 4.*
*From R.S. Boags, “Implementing a Best Practice Mentoring Initiative,“ 2001, Page 8
Start-up
Phase I
1. Conduct Assessment2. Enlist Sponsor Support3. Assemble Coordination Team4. Train Team Members5. Project and Marketing Plan6. Prototype Selection and Test
7. Conduct Information Sessions8. Select and Match Pilot Participants9. Train Participants10. Involve Mentee's Manager
13. Outreach and Expansion (Facilitator Certification)14. Continue Improvement and Oversight
11. Monitor Participants' Progress12. Evaluate Program and Make Adjustments
(Optional: Hold Completion Ceremony)
Implementation
Phase II
Monitor andEvaluation
Phase III
Transition andExpansion
Phase IV
The Best Practices Mentoring Process Flowchart
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1. Mentoring Dynamics1
O Why mentoring is important
O How the mentoring process works
O Commencing the relationship
O Building trust
O Building confidence
O Support for risk-taking
O Dealing with conflict
O Transitions within the mentoring relationship
O Ending the mentoring relationship
2. Mentoring Skills
O Attentive listening
O Communication styles and differences
O Learning styles and differences
O Modeling
O Counseling
O Coaching
O Setting development goals
O Negotiating development plans
O Delegation
O Supervision
O Feedback
O Objective performance evaluations
O Advocacy
3. Mentoring attitudes and behaviors
O Self-awareness
O Empathy
O Dealing with differences2
O Setting reasonable expectations
O Taking initiative
O Persistence
O Demonstrating commitment
O Being a worthy participant
O Reflection
O Showing appreciations
C. CORE TRAINING CURRICULUM FOR A MENTORING PROGRAM
Figure 5. Core Training Curriculum*
1. For group mentoring, mentors also need to also understand group dynamics and facilitation skills.2. Generational, gender, racial, ethnic, sexual orientation, disabilities.
*From Abbott, The Lawyer’s Guide to Mentoring, page 106
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APPENDICES
A. AUTHORS’ BIOGRAPHIES
Ida O. Abbott, Esq.
Ida Abbott, principal of Ida Abbott Consulting, helps clients manage, develop, and retain outstanding lawyers. Ms. Abbott is an expert in mentoring and professional development, and specializes in maximizing lawyers’ learning,growth, performance, and career satisfaction. She is the author of numerous books and publications, including The Lawyer’s Guide to Mentoring and Lawyers’ Professional Development: The Legal Employer’s Comprehensive Guide(NALP, 2000 and 2002). Her website is www.IdaAbbott.com.
Before starting her consulting practice in 1995, Ms. Abbott practiced law for 20 years, specializing in complexlitigation. She also served as judge pro tempore for the San Francisco Superior Court, presiding over jury trials and small claims court appeals, and as a private and court-appointed arbitrator and mediator.
Ms. Abbott is a founder and past board member of the Professional Development Consortium, an organization ofprofessional development specialists at major law firms in the United States, Canada, and England. She has been a leader in many local and state bar sections and committees, including the State Bar of California Committee onWomen in the Law and the Section on Law Practice Management and Technology.
Ms. Abbott holds an A.B. from Smith College, an M.A. from the University of Miami, and a J.D. from Hastings College of the Law.
Rita S. Boags, Ph.D.
Rita S. Boags is the principal consultant at Leadership Technologies, LLC. The company specializes in theimplementation of mentoring and leadership programs which impact the Glass Ceiling in Fortune 500 companies and public agencies. She is the author of several guidebooks on mentoring which include MENTORING: InformationGuide, Implementing a Best Practices Mentoring Initiative: A Coordinator’s Guide and Toolkit, and The Mentoring Bridge:A Self-Study Guide for Informal Mentoring Partnerships.
Before launching her consulting practice in 1985, Dr. Boags worked as an independent clinical psychologist,taught at the California School of Professional Psychology, and became a staff member of the Training andDevelopment department at Hughes Aircraft Company. She gained valuable experience as a diversity consultantworking as an associate with Dr. Price Cobbs of Pacific Management Systems as an associate consultant on major diversity projects.
Dr. Boags has served as the coordinator and co-host of four Best Practices in Mentoring Conferences. She iscurrently a member of the American Society for Training and Development, the Diversity Leadership Forum, theInternational Mentoring Association, the Multi-Cultural Foodservice and Hospitality Association, and the Society forHuman Resource Development.
Dr. Boags received her B.A. from Mt. St. Mary’s College in Los Angeles and a doctorate degree from the University ofSouthern California in Los Angeles. While a graduate student she was the recipient of a Ford Foundation Fellowshipfor Black Americans.
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B. ADDITIONAL RESOURCES
Abbott, Ida, Being an Effective Mentor: 101 PracticalStrategies for Success, NALP, Washington, DC, 2001.
Abbott, Ida, The Lawyer’s Guide to Mentoring, NationalAssociation for Law Placement, Washington, DC, 2000.
Abbott, Ida, Lawyers’ Professional Development: The Legal Employer’s Comprehensive Guide, NALP, Washington,DC, 2002.
Abbott, Ida, Working with a Mentor: 50 PracticalSuggestions for Success, NALP, Washington, DC, 2001.
Advancing Latinas in the Workplace: What Managers Needto Know, Catalyst, Inc., New York, 2003.
American Accounting Association (Moyes, G.D., Williams,P.A., and Quigley, B.Z.), The relation between perceivedtreatment discrimination and job satisfaction among African-American accounting professionals, Dow Jones and Company, New York, 2000.
Barrett, Paul M., The Good Black: A True Story of Race inAmerica, Dutton Press, New York, 1999.
Barriers to Advancement Survey Report, Society for HumanResource Management, Alexandria, VA, 1999.
Boags, Rita S. Implementing a Best Practices MentoringInitiative: A Coordinator’s Guide and Toolkit, LeadershipTechnologies, Castro Valley, CA, 2001.
Boags, Rita S., The Mentoring Bridge: A Self-ManagementGuide to Informal Mentoring Partnerships, LeadershipTechnologies, Castro Valley, CA, 2002.
Chen, Vivian, “Cracks in the Ceiling,” The American Lawyer,June 3, 2003.
Clutterbuck, David and Ragins, Belle Rose, Mentoring and Diversity: An International Perspective.Butterworth-Heinemann, Oxford, England, 2002.
Cobbs, Price M., and Turnock, Judith L., Cracking theCorporate Code: From Survival to Mastery, Real Stories ofAfrican-American Success, Amacom, New York, 2000.
DeLong, T.J. and Vijayaraghavan, V. “Let’s Hear it for the B Players,” Harvard Business Review, June, 2003.
Diversity in the Executive Suite: Creating Successful CareerPaths and Strategies. Korn/Ferry International, Atlanta,GA, 1998.
English, Holly, Gender on Trial: Sexual Stereotypes andWork/Life Balance in the Legal Workplace. ALM Publishing,New York, 2003.
Leaders in a Global Economy: A Study of Executive Womenand Men, Families and Work Institute, Catalyst, and BostonCollege Center for Work and Family, 2003.
Lorsch, Jay W., and Tierney, Thomas J., Aligning the Stars:How to Succeed When Professional Drive Results, HarvardBusiness School Press, Boston, 2002.
Murrell, Audrey J., Crosby, Faye J., and Ely, Robin J., Eds.,Mentoring Dilemmas: Developmental Relationships WithinMulticultural Organizations: Lawrence Erlbaum Associates,Mahwah, NJ, 1999.
The Myth of the Meritocracy: A Report on the Bridges andBarriers to Success in Large Law Firms, Minority CorporateCounsel Association, Washington, DC, 2002.
Rhode, Deborah L., Ed., The Difference “Difference” Makes:Women and Leadership, Stanford University Press,Stanford, CA, 2003.
Stansky, Lisa, “Corporate Counsel Push for Diversity,” TheNational Law Journal, April 17, 2003.
The Unfinished Agenda: A Report on the Status of Women in the Legal Profession, American Bar Association,Chicago, 2001.
Thomas, David, and Gabarro, John, Breaking Through: TheMaking of Minority Executives in Corporate America, HarvardBusiness School Press, Boston, 1999.
Thomas, David A., “The Truth About Mentoring Minorities:Race Matters,” Harvard Business Review, April, 2001.
United State Department of Labor, Glass CeilingCommission Report, US Government Printing Office, 1995.
Wilkins, David B., “Partners Without Power? A PreliminaryLook at Black Partners in Corporate Law Firms, ”2 Journalof the Institute for the Study of Legal Ethics 15, 1999.
Women of Color in Corporate Management: Opportunitiesand Barriers, Catalyst, New York, 1999.