More than a Brown Face: Making Your Voice Heard

Ok first, if you’re not watching the People vs. OJ Simpson you need to get your life. That’s the first thing. Seriously, it so accurately touches on race in the law and what it feels like to be an attorney of color. It’s no secret that this profession has a diversity problem. It’s no secret that students of color feel isolated, and that it often gets worse once they’re actually practicing.  Then we feel the pressure of feeling like a token—constantly questioning if we’re actually valued, wanted, or just there for show?

The scene that really spoke to this was in this week’s episode where the prosecution is dealing with the blowback of the Fuhrman tapes. This is where they realize they lose the case and Chris Darden, the black prosecutor, is furious because he told everybody that they should not use Fuhrman as a witness.  But no one listened.  Not only did they not listen, there were strong whiffs of the prosecution thinking Darden was just being too “sensitive.”

So he finally explodes in the elevator and he says:

You put me on this trial because you wanted a black face, but the truth is, you never wanted a black voice.

And that basically is the problem with diversity in the law.  There are drives to get more brown faces in the mix, but at the end of the day—do they really want to hear our voices?

While some practice areas may be better than others, the reality is that those positions of high power within the legal community are not filled with people that look like us.  When we do join the bottom ranks, there are so many hurdles created by the system that makes it almost impossible to earn those top spots.  Many women, of all ethnicities, end up leaving firms because the firm life is not sustainable.  For Latinas, those partnerships are like unicorns (we make up less than 1% of all partners in U.S. law firm!s). So for me, it’s disingenuous when firms/agency claim they believe in diversity and create a few programs, but never really do the introspection needed to figure out how to help all their associates succeed.  And they rarely do the bare basic of actually listening to those attorneys to really determine what is needed to create more opportunities and options for them.

So if you’re in a position where you feel like you’re not being listened, what are your options to make sure your voice is heard?

One. Find an ally. Incredulous as it may be, when people of color hire people of color it’s frowned upon.  But when white men do it, it’s lauded. Riddle me that. So, one of the best paths is to find a sponsor who is progressive enough to want to help you, but still attached enough to the system to have some sway to really help you in your career.  And I don’t mean to find any attorney to use for your advantage, but rather to not shy away from cultivating mentorships with older attorneys that don’t look like you because in the end, they may end up helping you more than you could imagine.

Two. Don’t be gas lighted.  Gas lighting happens when information is twisted in a way to make you feel like you’re in the wrong or that you’re imagining things—it’s a way to make you question your capacity to make rational decisions for yourself. It’s a term mostly used in the domestic violence context, but it can happen in work when bad employers are dismissive of concerns regarding racist or sexist behavior/policies.  We may be told to not be so sensitive about inappropriate situations or that we’re imagining negative intent that doesn’t exist, and in turn, this makes us think that maybe we’re not being treated badly and instead it’s just that we’re not cut out for the work/environment. Don’t believe that hype! Look, the legal field has built a reputation that makes everyone think that only the strong survive and so if we can’t put up with inappropriate behavior/comments then there must something wrong with us.  But it’s not us, it’s the system—and the stats show how this system is made to benefit a very select type.

Three. Learn when to move on. While I am all for promoting people to work hard for their goal—whether that’s making partner or some other top spot, I also know that earning that shiny, bright prize you once thought was absolutely necessary isn’t actually as valuable as your mental or physical health. There are always seasons in work where things feel bad, but if you’re constantly feeling like it’s a negative environment, where your concerns are ignored, or you still have to put up with inappropriate behavior that isn’t correctly addressed after you bring attention to it, then start planning for your next career move—you deserve better.