PBCBA BAR BULLETINS pbcba_bulletin_March 2019 | Page 12

CDI C o r n e r
The Mansfield Rule: Tackling Diversity in Big Law
DENISE MUTAMBA
In 2002, Tony Dungy, head coach for the
Tampa Bay Buccaneers and Dennis Green,
head coach for the Minnesota Vikings were
fired.
Their terminations startled many
football fanatics because Dungy had been
the first coach in Tampa Bay’s history to
be fired with a winning record, and Green
was fired after having a ten-year history of
good results. Subsequent to their termina-
tions, a study revealed that African Amer-
ican head coaches were less likely to be
hired and more likely to be fired than their
Caucasian counterparts. In fact, statistics
revealed that although sixty percent of Na-
tional Football League (“NFL”) players were
African American, only six percent of head
coaches were African American.
In 2016, Diversity Lab, collaborated with
Bloomberg Law and Stanford Law School
to address the lack of diversity in the legal
field. Fifty-four senior-level partners from
law firms across the United States worked
in virtual teams to tackle the lack of di-
versity in law. The result—The Mansfield
Rule. The Mansfield rule, an adaptation of
the Rooney Rule, honors Arabella Mansfield,
a 19th century women’s rights activist who
became the first American woman admitted
into the legal profession in 1869. The rule
measures whether law firms have inten-
tionally considered women and attorneys
of color for leadership, governance, and lat-
eral positions. Governance roles include
managing partners, chairpersons, practice
group leaders, compensation committee
In response to this bleak reality of diversi- members, and equity partners. The rule re-
ty in the NFL, civil rights attorneys Cyrus quires thirty percent of the candidate pool
Mehri and Johnny Cochran teamed up to be comprised of women and attorneys of
with NFL players, Kellen Winslow and John color.
Wooten to champion change. That change
came in 2003 when Dan Rooney, owner of In the 2017 pilot program, fifty law firms
the Pittsburgh Steelers and chairman of the signed up, but only forty-one law firms com-
NFL’s Diversity Committee, implemented pleted the program. Diversity Lab reported
the “Rooney Rule.” The rule attempted to that at the completion of the pilot program,
increase diversity in NFL administration forty percent of the participating firms in-
by requiring NFL teams to interview at least creased the representation of women and
one minority candidate before a vacancy for diverse lawyers in leadership and gover-
head coach was filled. Mike Tomlin, head nance roles; thirty-three percent of firms in-
coach for the Pittsburgh Steelers, is flaunt- creased the number of women and diverse
ed as one of the rule’s success stories. In senior associates hired; thirty-five percent
its current form, The Rooney Rule requires of firms increased the number of women
at least one minority candidate, including and diverse partners hired; and thirty-eight
women, for head coach and general man- percent of firms increased the number of
ager positions. It also includes strong ac- women and diverse lawyers promoted to
countability measures in the event teams partner. In addition to increased diversity,
fail to comply.
these law firms have the honor of boasting
that they are “Mansfield Certified.” Of the
Fast forward thirteen years later where Car- list of forty-one, the following firms have a
en Ulrich Stacy, CEO of Diversity Lab, “an in- south Florida presence, Akerman LLP, Ar-
cubator for innovative ideas and solutions nold & Porter Kaye Scholer, Buchanan Inger-
that boost diversity and inclusion in law” soll & Rooney, Day Pitney, Littler Mendelson,
was found praising The Rooney Rule. She McDermott Will & Emery, Morgan, Lewis &
stated that The Rooney Rule was revolution- Bockius, Reed Smith, and White & Case. For
ary and now the legal community can use it a list of participating law firms visit, www.
too. Lessons learned from the NFL and re- diversitylab.com.
cent research that shows it is important to
interview more than one diverse candidate, On July 16, 2018, Diversity Lab introduced
we are incredibly well positioned to diversi- Mansfield Rule 2.0, the next generation of
fy the top ranks of the legal profession.
the rule. The improved initiative includes
PBCBA BAR BULLETIN
12
LGBTQ+ lawyers in addition to women and
attorneys of color. Furthermore, Mansfield
2.0 measures consideration for women, at-
torneys of color, and LGBTQ+ attorneys who
have a seats at the tables during client pitch
meetings and requests that participating
law firms make appointment and election
processes transparent to all attorneys in
their firms.
Denise Mutamba is a Staff Attorney in the
Fair Housing Project of the Legal Aid So-
ciety of Palm Beach County, Inc., where
she fights against housing discrimination.
She is also an elected representative to the
Young Lawyers Division Board of Governors
for the Fifteenth Judicial Circuit.
YOUR BRAND NEEDS TO BE SEEN
ADVERTISE HERE