Vol. 55 No. 9

Trial Magazine

President’s Page

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Diversity and Inclusion

Bruce H. Stern September 2019

As trial lawyers, we often fight for voiceless, vulnerable, and marginalized people from diverse backgrounds against corporate Goliaths. We level the playing field in the courts, but we also have a responsibility to do the same in our firms and trial lawyer associations by promoting true diversity and inclusion. We must ensure that our belief in ­fairness and justice for all extends into our workplaces.

We cannot represent our clients well in a diverse world if our workplaces do not reflect that reality. Diversity gives us a broader set of experiences, ideas, perspectives, and solutions to better represent our clients and make better business decisions. In this month’s Trial, AAJ Vice President Navan Ward offers ways for firms and attorneys to do more to support and retain women, minority, and LGBT lawyers—from mentoring underrepresented law students and young lawyers to providing meaningful opportunities for career advancement­ and new challenges. The article ­highlights the importance of fostering a firm culture that values inclusion and encourages input and ideas from all of its attorneys. (Read more on p. 38.)

As president of AAJ, I’m proud to say that diversity is a priority, and we champion it through several means. AAJ’s Diversity Committee—which we are renaming the Diversity and Inclusion Committee—is dedicated to increasing the number of diverse trial lawyers and their participation in the association. Inclusion is critical, because studies show that everybody possesses inherent biases that lead us to associate with people most like us, and these biases affect hiring practices, leadership appointments, and workplace interactions.

The committee supports the work of the Women Trial Lawyers, Minority, and LGBT Caucuses, as well as the Sections and Litigation Groups governing bodies, the Membership Oversight Committee, and the National College of Advocacy education programs.

Last year, the Membership Oversight Committee launched a new subcommittee to recruit diverse trial lawyers. And women and minorities now make up more than 50% of the Section and Litigation Group Coordination Committee.

We’ve also seen success with AAJ’s Leadership Academy, an initiative of the Diversity Committee, which helps give AAJ members in underrepresented groups the skills and techniques to be effective leaders. The Leadership Academy fosters inclusion, and we are seeing positive results. Launched in 2013, it has 96 graduates to date, with nearly 70% of graduates serving in an AAJ leadership role today, including as an AAJ officer and as members of the Executive Committee and on the Board of Governors. I look forward to seeing the Leadership Academy continue to grow and flourish in coming years. To learn more about the program, visit www.justice.org/leadershipacademy.

AAJ also supports the protections provided by antidiscrimination laws through its amicus program. For example, the association signed onto an amicus brief submitted to the U.S. Supreme Court in Bostock v. Clayton County, one of a trio of LGBT-rights cases, arguing that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on sexual orientation and against transgender people. The Court will hear oral arguments next month.

I’m encouraged by the work we’ve done to foster diversity and inclusion at AAJ, and I’m excited about the work we will do moving forward, both in the ­association and, hopefully, in our practices. This month’s Trial exemplifies my message: In addition to the article on hiring and retaining diverse lawyers, you can also read about handling national origin discrimination cases (p. 20) and enforcing protections for transgender clients (p. 28).

AAJ is committed to building and sustaining a diverse organization to reflect our diverse world. I fully support that commitment and will work ­tirelessly to fulfill it.


Bruce H. Stern is a shareholder at Stark & Stark in Lawrenceville, N.J. He can be reached at bruce.stern@justice.org.