(April 6, 2022) - Leadership expert and civil rights attorney Artika Tyner discusses how legal professionals can use their unique skills to become more inclusive leaders and build more diverse law firms.

Tyner, who teaches classes on leadership and diversity at the University of St. Thomas School of Law in Minnesota, cautions that failing to act on diversity, equity and inclusion means missing out on legal talent and opportunities to build stronger connections with clients.

The following conversation has been edited for brevity and clarity.

Artika Tyner: I had a passion for justice since I was a young girl. I was born and raised in the Rondo community of St. Paul, Minnesota, which experienced racial removal, disenfranchisement and loss of intergenerational wealth when Interstate 94 was built right through the center of our neighborhood. My community's experience compelled me to become a civil rights attorney. My interest in leadership started when I began exploring how attorneys, community members, and stakeholders can come together to enact social change. When we look at the history of the law, we see that it has been an important tool for community organizing and systems change. My passion for leading change eventually led to my doctoral studies, where I focused on identifying the leadership competencies of lawyer-leaders and gaining the tools needed to build and sustain social change.

AT: A core principle of inclusive leadership is prioritizing faith over fear. That means having faith in what we can build together rather than fearing we will lose something by emphasizing diversity. Inclusive leaders give everyone a seat at the table to share ideas, information, resources and creativity. They recognize that the influx of diverse talent leads to the type of innovation that will make workplaces and communities stronger.

Inclusive leadership is a leap of faith, but it will yield results as the racial and ethnic demographics of our nation change. Why not lean in and ask what we can create together when our workplaces reflect the diversity of the society we live in?

AT: When you go on a road trip, you first look at Google Maps to plan your trip out, right? You don't just jump into the car, start driving and expect to reach a new destination without preparation. The path to becoming an inclusive leader is similar. If the destination is inclusion, you need first to plan out your personal and professional learning journey. Start with reflection and then work to set values about diversity. Establishing values about who gets what, when and where, is an important first step because it creates a standard you can use to evaluate your own progress on diversity. The foundational value is human dignity which is a recognition that all human beings have the right to be valued, respected and appreciated. Once you have acknowledged our shared humanity and common destiny, you should start speaking up about your values to drive change in your workplace and community.

AT: Law schools need to infuse inclusive leadership lessons into the educational journey of their students and stop focusing predominantly on the past. Yes, students need to understand precedent, jurisprudence and historical context, but legal educators should also teach about what we can accomplish in the future. How can we build a more just and inclusive society?

Law schools should be teaching students how to use the skills developed in their studies to advocate for change that delivers on the promise of our constitution. Future lawyers are uniquely positioned to be lead problem solvers. That is what I enjoy about legal education. I get to teach my students the core skills needed to be an effective attorney but also how to use those skills to make a difference.

We should also look to other professions for ideas. For example, the legal field is finally starting to think about cultural competency training for attorneys, but the medical field is already working on that issue. We can use the benchmarks from health care and other professions to learn about what works well and what doesn't.

AT: I talk about this a lot in my book, "The Inclusive Leader." My first piece of advice is to create a diversity action plan. Too many attorneys and law firms think meaningful action on diversity, equity, and inclusion can be accomplished through one-off diversity training or celebrating heritage months like Women's History Month. Law firms should gather data about the success of diversity efforts, take a serious look at what that data says, and develop policy changes around those findings.

Hiring practices are another opportunity to expand diversity, equity and inclusion. I discovered in my research that organizations often hire for "fit." For example, hiring someone from an interim job to a permanent position without an additional interview process because they were the right "fit." But if we are committed to inclusion, we can't continue this practice. Hiring for "fit" gives preference to people we are comfortable with rather than focusing on an evaluation of who is the best candidate for the job. This is an exclusionary practice. On a related note, I would also caution against assuming that future attorneys from diverse backgrounds necessarily want to go into fields related to social justice. We are not just legal aid attorneys, immigration lawyers or public defenders. Firms need to open up opportunities across all practice areas, whether it be commercial real estate or estate law

Firms also need to think about leadership succession planning. Often, company leaders will choose who they want to succeed them. In the legal field, something similar happens when partners choose to groom only certain attorneys to become shareholders. That does not align with making inclusion a lived reality.

Finally, firms will need to tackle diversity, equity, and inclusion issues in real time. All too often, studies exposing DEI shortcomings go on the shelf without meaningful action. Pay parity is a recent example of why it is important to consistently monitor and adjust your efforts. Before the COVID-19 pandemic, it was estimated that it would take into 2059 to achieve pay parity between men and women. But the pandemic hit women hard. At our current pace, women may now have to wait until 2099 for pay equity.

AT: My book, "The Inclusive Leader," is a great resource if you're looking for empirical research about diversity, equity and inclusion issues. The American Bar Association's Diversity and Inclusion Center also has a wealth of resources about how law firms can create policies around change and develop the core competencies needed to tackle diversity, equity and inclusion issues.

AT: The most important message is that diversity, equity and inclusion are long-term commitments that require a fundamental realignment of the legal profession. We need to reset our values and align them with meaningful commitments from organizational leadership. It is wonderful to have a Chief Diversity officer, and it is great to have an employee resource group. But those things only supplement and support whatever actions senior leadership takes.

There is a business case that diversity, equity, and inclusion should be at the forefront of what we do every day. We are leaving talent on the table by failing to make the legal profession more inclusive, and it's unacceptable. Our failure is a lost opportunity to connect with our future clients and build successful and engaging teams. More importantly, failing to engage in diversity, equity and inclusion is a loss for society because it limits what we can create together.