A Commitment To Diversity

As published in Delaware Today “Top Lawyers,” August 2006

Josh Martin’s accomplishments during his 62 years would dazzle even the most successful.  But his toughest challenge may still lie ahead:  Martin is working to increase the number of minority members of the Delaware bar.

“Law firms across the country are substantially increasing their complement of attorneys of color because their clients are demanding it,” Martin says.  “There have been substantial improvements, but Delaware has not kept pace with the nation or the region.”

About 20 percent of law school graduates are minorities, but the percentage of graduates entering law firms is lower.  That’s simply not acceptable, Martin says.

Martin, a former Superior Court judge, retired as president and CEO of Verizon Delaware in March 2005, then became a partner at Potter Anderson & Corroon in Wilmington.  The firm’s clients include GM, Daimler-Chrysler and Wal-Mart.  Martin’s practice focuses on mediation, arbitration, and business counseling in the areas of telecommunications, public utilities, and governmental relations.  But much of his effort at Potter Anderson has been guiding its program to hire and retain attorneys of color.

In 2004 Potter Anderson employed 75 lawyers, but only two were lawyers of color.  That number increased to five the following year and eight, including two partners, since Martin joined the firm.

One of the big reasons Delaware is behind the curve is that the First State is a tough sell to young attorneys of color.

Some may be aware of Delaware’s corporate environment, but Washington, Baltimore, Philadelphia and New York all offer an assortment of social outlets, along with top firms and higher salaries.  If Delaware is on a young lawyer’s radar screen, it is known primarily as a nice place to raise a family.  Recruiters trumpet Delaware’s proximity to metropolitan areas and beach resorts.

“We have to sell them on Delaware,” Martin says.  “There’s just no reason why they would flock to this state.  When you want the top lawyers in the country and you’re competing with the New Yorks and the Chicagos and all the other metropolitan areas, you’ve really got to do the hard sell.”

Diversity efforts at Potter Anderson have included an increased presence at job fairs in and out of Delaware and more visits to law schools to preach the value of practicing here. 

Another obstacle for Delaware is that recent law school grads of color don’t want to work in an environment where they are the only African Americans or the only Hispanics, Martin says.  It’s when they see other people similar to them that they believe they are going to have a more nurturing environment.

“When they look at our firm today and they see that we have roughly 10 percent lawyers of color, we will look a lot more attractive than we did a few years ago, when we had two lawyers of color,” Martin says.

Retainment is another issue.  Potter Anderson’s initiative mandates diversity training for the entire staff, including partners, as well as a mentoring program.

“It’s not enough to bring them in and say, ‘OK, you’re here.  Here are some materials, now get to work,” Martin says.  “You have to talk to them about becoming comfortable with the firm culture, becoming comfortable with Delaware and, really, what it’s like to be a successful professional in a law firm.”

Martin says associates of color are often reluctant to ask for help, so they become disillusioned and leave.  Developmental mentors are assigned to help them understand their roles, what’s expected of them, where they can get help and eventually school them on how to develop their own clients, a requirement for making partner.

After six to nine months at the firm, associates are allowed to choose personal mentors.  This part of Potter Anderson’s program is unique, Martin says.

“We can’t predict what that person’s concerns may be, but we can make sure there’s a vehicle where they can be addressed,” he says.  “We can make sure there is a relationship.”

Martin is encouraged so far by the firm’s accomplishments and that other Delaware firms are developing similar initiatives.  But he admits there is much ground to be covered.  He hopes the movement will spread to the state bar.

“These problems won’t be solved in my lifetime,” Martin says.  “My goal is to really get things on a growth tract and make a positive contribution and allow some of these young people, with a lot more energy than I have, to pick up the ball and keep it rolling.”