Stick with it

In recent years, law firms have made progress in embracing and reaping the benefits of diversity, equity and inclusion (DEI) investments. They’ve launched new programmes, challenged stereotypes and removed many of the barriers that were limiting access or progression. The shock of COVID-19, the murder of George Floyd, the resurgence of Black Lives Matter and the #MeToo movement ignited a powerful social reckoning. At the same time, employees increasingly embraced their cultures, educated colleagues and demanded inclusive workplaces. Together, these forces created what felt like the perfect conditions for DEI to thrive. Firms harnessed their DEI efforts for talent attraction and retention, meeting client expectations and building their reputations as responsible, forward-thinking organisations.

But what was clear from working through this period, and from talking to peers across the industry, was that not everyone was on the DEI bus. Even though law firms had been successful in implementing change over the years, many pushed back on the increased speed and relentlessness of that change and the disruption of the status quo. DEI fatigue is not new, but the broader social and political context has given DEI a momentum many business leaders are struggling to manage.

Understanding DEI fatigue

Before we talk about how to turn DEI fatigue into focus, it is probably worth taking a moment to think about where that fatigue is coming from. Law firms are busy places. (Time is money, as they say.) It’s no surprise when activities that take time and aren’t chargeable get challenged. As well as grappling with that simple reality, many leaders fail to recognise the scale of the DEI challenge, and therefore how long it takes to turn around.

Simple statistics should give detractors pause. According to the most recent figures published by the Solicitors Regulation Authority: women make up 53% of law firms but only 32% of full equity partners; Black, Asian and minority ethnic representation has grown to 19% across the profession, but in larger firms, people from minority ethnic groups only make up 8% of the partnership; lawyers from lower socio-economic backgrounds have dropped to 18% of the profession against a national estimate of 39% of the population; and 6% of lawyers are disabled, against 16% of the UK workforce. Truth be told, there is still a very long way to go to reach parity.

So, what brings about DEI fatigue? Is it the sense that, after all this effort, we should surely have fixed the issue by now? Is it disengagement because progress feels slow? Is it a lack of empathy and understanding of the challenges or barriers DEI efforts are looking to dismantle? Is it overwhelming competing priorities? There are probably a million reasons driving the sense of fatigue – some legitimate, and others less so.

How to tackle it

Whatever the reason, the data is clear – DEI in the legal industry still has work to do. So, how do leaders navigate the challenges at their door and continue to push for change in a way that delivers for their organisations?

1. Know your ‘why’

Many companies position DEI as a regulatory or client requirement, rather than as a core driver of business success. That’s understandable – with corporate clients increasingly scrutinising firms’ efforts to get more diverse teams delivering better outcomes, law firm leaders need to see DEI as a strategic differentiator.

At the core of this is being able to articulate your reasons for supporting DEI efforts in your business. This means regularly reminding your teams how DEI connects to business outcomes, such as winning clients, attracting and retaining top talent and enhancing team performance. It also means leading from the front and being seen to put your energy and focus into delivering change.

2. Don’t be shy about the data

Tackle the lack of knowledge about the importance of DEI investment by sharing data relevant to your business with colleagues and other leaders. One of the most effective ways to combat DEI fatigue is to use data to not only outline the challenges and how to address them, but also to enable you to track progress and hold leaders accountable. Having clear metrics for success, linked to your ‘why’ (such as representation levels, retention rates and employee engagement scores) can help bring what might seem like an emotional subject into sharp focus. Consider how you can engage the rest of the business leadership by linking performance evaluations and compensation to DEI goals, to encourage accountability at the highest levels.

3. Acknowledge the squiggly line of progress

Progress in DEI is not always linear. Meaningful change takes time and can involve quite a few setbacks. Some partners and employees may feel frustrated by slow progress or be resistant to ongoing efforts. Leaders should acknowledge these challenges while reinforcing their long-term commitment to DEI, reminding colleagues that this journey is a marathon, not a sprint. Avoid trying to only deliver good-news stories – use poor performance as a learning opportunity. For example, share the results of your gender-pay-gap report to have conversations around structural gender imbalances. More transparent communication can help create a culture of accountability and continuous improvement.

4. Foster a culture of inclusion

DEI efforts cannot succeed without widespread participation. Encouraging allyship and inclusion at all levels of the firm can help create a sense of shared responsibility and reduce the burden on under-represented groups. Fatigue is more likely to seep in when colleagues feel like DEI is being done to them, rather than with them. Sharing personal experiences and challenges from leaders and employees can help rehumanise the DEI journey and support allyship and culture-building.

It also helps to embed DEI efforts across the organisation so it’s less of an add-on and more of a way of working and thinking. It should be integral to the work that your key departments are undertaking on a day-to-day basis rather than limited to the work of a DEI team (if you have one). For example, your IT team should be thinking about how the firm’s technology and infrastructure will support someone who requires a screen reader or text-to-speech capability, so that it’s ready to go if the need arises, rather than having to work things out on the fly.

5. Don’t do it alone

Clients are increasingly prioritising DEI in their legal partnerships and their expectations can serve as a powerful motivator to sustain efforts in this area. Encourage client collaboration on DEI initiatives as a way of integrating this into parts of the business where you might have detractors. Highlight client-driven successes in your communications to reinforce the benefits of the work from a business success perspective.

Individually, leaders should keep in mind their own DEI journey, continuing to learn and practise active allyship and maintaining their focus on the ‘why’ of DEI. They should also consider their support networks and look at working through their DEI challenges with other members of the leadership team, their DEI team if they have one, their career coach or their friends and family. This can help to maintain the energy and drive they need as leaders to deliver meaningful change.

Conclusion

DEI fatigue is a real challenge in law firms, where traditional structures and long-standing norms can make progress feel laboured. DEI isn’t easy, but leaders who reframe it as a business imperative, are clear about why they are investing and who engage in honest conversations while modelling inclusive behaviours can overcome the challenges and reap the benefits. As leaders, we show our people the way by helping them focus on what’s important to deliver that next strategic imperative. When leaders remain committed, the culture follows. By leveraging data, fostering allyship and engaging clients as partners, law firms can not only overcome DEI fatigue but can also create a more inclusive and equitable future.