Response of Alan Jenkins to the Letters About Cleary, Gottlieb and the November Feature, "Losing the Race"
In the weeks since "Losing the Race" appeared in these pages, the article has received an overwhelming response from readers of The American Lawyer. I have received e-mails and calls from dozens of attorneys around the country, sharing their own experiences and perspectives on the difficult issue of law firm diversity. From those often poignant, sometimes painful, reflections and comments, several important points emerge.

First, it is now clear that the article contained a factual error that requires correction. Specifically, four [African American] attorneys who joined Cleary between 1993 and 1996 remain at the firm today. Although a number of sources told me otherwise, ultimate responsibility for the accuracy of the article lies with me and I regret inadvertently misleading any readers on this point.

Second, although this article focused on Cleary, the depth of response that I have received from around the country makes clear that frustration with flagging diversity and retention efforts resonates across the profession. African-American lawyers in a number of cities--some of them law firm partners--wrote or called to say that the experience of black Cleary alums mirrored their own experience; that the barriers they face, though often intangible, are real and very difficult to surmount. Others told of overtly discriminatory comments and conduct at their firms that goes far beyond anything recounted in "Losing the Race."

[Third,] a number of law firm managers (of various races) said that they appreciated seeing the perspectives of other managers struggling in good faith to diversify their firm juxtaposed with those of black associates. Almost all of those partners echoed the importance of focusing on retention and relationship-building as well as hiring.

No one, it should be noted, claimed that his or her firm had overcome the challenges described in the article or achieved lasting, meaningful diversity. As the article itself noted, Cleary is hardly unique in its disappointing black retention record and may actually be among the better firms for African-American attorneys--the firm notes that it is ranked 13th in diversity among large firms.

Finally, a number of readers commented on the apparent conflict between Cleary's articulated commitment to retaining attorneys of color and its unwillingness--as articulated by former managing partner Ned Styles--to alter the decentralized assignment and evaluation systems that many see as a big part of the problem. Only time will tell whether the firm can produce a critical mass of black partners without fundamental changes in its internal structure.

Sincerely,

Alan Jenkins

Letter from Peter Karasz, Cleary, Gottlieb, Steen & Hamilton

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