Opinion: What a difference a day makes…

Beatrice O’ Donnell, partner at US firm Duane Morris LLP, assesses the effect of the election of Barack Obama.

The US campaign had droned on for nearly two years. Many candidates, whose names the electorate could barely remember by Election Day, had fallen by the wayside. The ‘heir apparent’ to the presidency – who many astute political observers thought would be the first woman president – was not even on the ballot. The ‘maverick’, whose campaign needed to borrow financing in order for him to obtain the nomination of his party, had waged a fiercely competitive challenge despite the negative approval ratings of the current president. The days leading up to the election were prescient – with voters waiting hours in line to vote early and thousands of energised college students making calls and canvassing door-to-door to get the votes in key jurisdictions. The election was so hotly contested that many expressed concern about what would happen after the election – regardless of the outcome.
Even before the votes were counted, Election Day was momentous. The press touted the historic nature of the day in that either the country would elect the first African American president or the first female vice president. But as I sat in my office in Philadelphia – the cradle of liberty – I could tell that ‘change’ had already begun. A colleague reported taking her twin 13-year-olds to her polling place so that they could see their mother vote for the first African American president. Another woman shared that she had arranged for absentee ballots for her three children attending college so that her children could tell their grandchildren that they had voted in this historic election. I transported my daughter’s ballot by hand to and from London where she is studying for the term to insure that her ballot was timely submitted.
There was dancing in many streets when the polls closed. The day after the election, the country had changed imperceptibly, yet monumentally. Everyone seemed to walk a little taller, and a new sense of pride was exhibited everywhere. The entire country was having the identical elated conversation and the joy was not limited to any race, creed, party or gender. Even those who had gone to the polls and voted for Senator John McCain conceded that the country had ushered in a new era.
I would like to believe that the election of the first African American president has marked a fundamental culture change where all people are truly regarded “not by the colour of their skin but the content of their character.” The reality, however, is that the country still has the same challenges that it faced prior to the election. What has changed is that the American electorate stood up and forcefully acknowledged that they wanted change now.
Prior to the election, many openly worried about the so called ‘Bradley’ effect, where registered voters in the past had lied to pollsters about their willingness to vote for an African American candidate. On Election Day, the opposite of the ‘Bradley’ effect occurred. Many voters, who could not admit to their family and friends that they were going to vote for Senator Obama, walked into the polling place and did just that. Moreover, many constituencies who felt disenfranchised in the past voted in significant numbers.
During the transition phase, many forecasts are being made on the meaning of this presidency. Many women lawyers who were disappointed not to see Hillary Clinton obtain the Democratic nomination were consoled by the election of Senator Obama in whom they see a kindred spirit. While Senator Obama did not make race central to his candidacy, those who believe that the playing field has not always been level for them felt a sense that the score had been evened. And now, with the imminent announcement of the selection of Hilary Clinton as secretary of state, many women feel a measure of satisfaction.
What effect will this historic election have on women in the legal profession? Will the election of an African American lawyer remind law firm management that the country and the profession have become much more diverse in the past 30 years? Will President-elect Obama’s position on pay equity for women encourage firm compensation committees to take a serious look at pay equity issues that exist for women at every level in law firms? Will the profession as a whole move to evaluating its members on their core competencies, rather than empirically, in an effort to eradicate the last of our unconscious prejudices? Will law firms face the fact that the pipeline has been full of women for decades and yet there is still a lack of full participation of women at the highest levels of management? Will this new found pride in the diversity of America remind law firms that it is critical their legal teams reflect both their client’s businesses and their client’s customers? We have heard the rhetoric of equality for decades, but change has been slow.
In response to the issues raised by women, many of the largest law firms have developed women’s initiatives in the last decade. These initiatives have run the gamut from marketing strategies to promote the firm’s women attorneys, to comprehensive efforts to create cultures which foster women’s advancement at every stage of their careers. Will these initiatives be buoyed by the new face of the administration?
Or, to paraphrase James Carville’s famous line: “It is the economy, stupid?!” Will the answers really lie in the new president’s ability to perform a course correction on an economy that seems to worsen by the day? While some lawyers may profit from bankruptcies and financial fall-out, and others from the anticipated new regulations of a Democratic congress, ultimately law firms who effectively partner with their clients will struggle along with them in difficult financial times. The economic downturn presents an opportunity to embrace changes to the legal profession that are long overdue. A profession that fully reflects the composition of America is not optional and the business case for diversity has been articulated for years. We now have role models in the White House that remind us on a daily basis that the country is richer and more vibrant for the diversity that we enjoy.
This new administration has yet to be sworn in, but the transition phase provides clues to the new president’s approach. President-elect Obama’s hero, President Abraham Lincoln, selected a cadre of political enemies for his cabinet, all of whom shared a distinct dislike for him. The ‘team of rivals’ concept, popularised by Doris Kearns Goodwin in her book of the same name, is based not on keeping your enemies close to you but selecting the best person for the job. The assumption is that each member of the cabinet will be willing to articulate ideas and strategies that may be initially at odds with the president. Once functioning as a cabinet, each person’s opinion, intellect and creativity is valued and considered even when not shared. Ultimately, a president having only people who share his ideas and life experiences does not promote the creative out-of-the-box solutions critically necessary in a constantly challenging 21st century world.
Law firms are at their most successful when they embrace diversity, not because it is the right thing to do (although it is), and not merely to reflect the diversity of their clients or even the country. Selecting the best person for each position, whether it is firm leadership, trial teams or work assignments, should be the cornerstone of a vibrant law firm. Diversity of race and gender create far more than set decoration. Race and gender reflect different life experiences and points of view all of which add more than the sum of the parts to the organisation.
Embracing the full breadth of diversity, a new style of management and ultimately lawyering should emerge. Gender working styles have been analysed and women tend to work more collaboratively than their male counterparts. Women are more willing to listen to all, consider and make decisions by consensus. They are comfortable with organisations that are ‘flat’, where the result is paramount rather than the attribution of credit. Organisations that can welcome opposing points of view will gain from the diversity of those opinions.
The country is joyous and hopeful and what is inspiring about the election of Barack Obama is the chance to truly change the way our law firms look and work to meet the changing needs of our clients. The message that has been brought home to me repeatedly from the many women lawyers I have spoken to since the election is one of optimism. Much can be accomplished if we believe that it can be accomplished. To quote Hilary Clinton: “Although we weren’t able to shatter that highest, hardest glass ceiling this time, thanks to you, it has about 18 million cracks in it and the light is shining through like never before.”

Beatrice O’Donnell is partner at US law firm Duane Morris LLP. She can be contacted at bodonnell@duanemorris.com