If you’re not close to the problem, don’t offer a solution.
Bianca Sierra Wolff is a lawyer and Deputy Director at ChangeLawyers℠.
I’ve worked in philanthropy for almost four years at ChangeLawyers, a foundation that funds the next generation of social justice lawyers. I’m proud of the initiatives and programs we’ve launched; the bold resolve of my colleagues; and the fearlessness of the communities we fund.
I am not proud of the fact that those in positions of power in the legal field continue to look the same — and think the same. Those in positions of power look eerily similar to the way they did in 2004, when I graduated from law school.
Close to 40% of Californians are Latinx, but only 7% of lawyers are; womxn are now the majority of law school students, yet most big law firms still have only a handful of womxn equity partners. Black law firm partners are almost non-existent.
So why is power still concentrated in the hands of mostly white, mostly male, and mostly straight lawyers? Because those who hold power have a real fear of challenging the status quo. Rather than empowering those closest to the problem to find solutions, we still rely on current law firm leadership to come up with the answers. These answers often consist of quick fixes and safe messaging designed to not offend. Instead of talking about racial justice and the legacy of slavery, we talk about “diversity”. Instead of talking about racism as something that is deeply embedded in our institutions, we talk about it as an abstract idea.
It’s time to have challenging conversations.
First, if you are one of those lawyers in a position of power and leadership, you need to take a long hard look at what you bring to the table in terms of solutions. Being an expert in your particular area of the law does not make you an expert on equity.
Second, understand that diversity isn’t enough and will never be enough. True equity requires redistributing power from the hands of a few to the many. It means promoting lawyers of color, queer lawyers, nonbinary lawyers, and womxn lawyers into positions of power and influence. This also means getting comfortable with the idea of giving up your power and your privilege. Clinging to outdated views about “increasing diversity” just won’t work.
Third, rather than becoming defensive, lawyers with power need to listen — I mean really listen — to those closest to the problem. If you don’t come from historically neglected communities and if you haven’t spent time in community with those who have experienced systemic injustice, then you need to listen rather than push back when you feel uncomfortable.
I can’t tell you how many times I’ve advocated for ChangeLawyers to step outside of our comfort zone, to speak up, to be bold — only to receive strong opposition and pushback. Imagine my shock and horror when I’ve been shut down by the status quo, but also when other potential allies in the room have not spoken up for fear of angering the outspoken status quo.
Community lawyers, activists, and organizers possess knowledge and qualities that those from privileged backgrounds probably don’t have because they’ve never had to do without. These qualities should be valued just as much as knowing how to speak with confidence and authority or writing a good legal brief.
Are we serious about calling ourselves Changelawyers? If the answer is yes, then we need to be bold.
The time for old outdated ideas is over. If we truly want to harness the power of the next generation of lawyers, we need to commit to a world of bold and passionate ideas. If not, we are bound to remain in exactly the same place that we are today — a homogenous, timid profession too afraid to challenge the status quo.