Law firms that once led the charge on diversity initiatives now find themselves walking a tightrope, balancing their long-standing commitments to diversity with shifting corporate priorities and political pressure stemming from the Trump administration. Beyond Advisers' CEO Scott Curran discussed with Law360 how firms can adjust their messaging while staying committed to diversity.
Law Firms Walk DEI Tightrope Amid Political Pressure
By Xiumei Dong
Law360 (February 25, 2025, 3:57 PM EST) -- Law firms that once led the charge on diversity initiatives now find themselves walking a tightrope, balancing their long-standing commitments to diversity with shifting corporate priorities and political pressure stemming from the Trump administration's efforts to curtail such programs.
As large corporations like Goldman Sachs and McDonald's retract or scale back their diversity pledges, law firms are also weighing their options: Will they follow suit or carve out another path that upholds their commitments in the face of growing scrutiny?
While some firms have already begun recalibrating their diversity messaging, legal experts and diversity consultants argue that law firms are unlikely to abandon their diversity efforts altogether.Instead, they believe that law firms are well positioned to adapt their approaches to navigate legal challenges and meet the evolving needs of their clients."
Law firms, in and of themselves, are best positioned to remain on top of changes to the law and remaining compliant with the law," said Scott Curran, attorney and social impact expert at BeyondAdvisers.
Curran added that he thinks the goal of "some of what the current administration is doing is to create enough chaos and uncertainty to create a chilling effect so that law firms and others will just stop doing the work."
In the early days of his second term, President Donald Trump issued a series of executive orders, including a Jan. 20 directive titled "Ending Radical Government DEI Programs and Preferencing" and another a day later called "Ending Illegal Discrimination and Restoring Merit-Based Opportunity." The latter order rescinds affirmative action obligations that had been placed on federal contractors.Federal contractors will be required to certify that they don't maintain any diversity, equity and inclusion programs that violate federal anti-discrimination law, and agency contracts must eliminate any references to DEI, according to the order.
In response, some law firms are already adjusting their DEI strategies. This month, the legal blogAbove The Law reported that K&L Gates LLP removed references to its diversity initiatives from its website, including mentions of the Mansfield Pledge and key demographic statistics, while rebranding"Diversity and Inclusion" to "Opportunity and Inclusion."
The firm quickly addressed the changes in a firmwide email on Feb. 7, acknowledging that the rollout could have been handled better. In the email, obtained by Law360 Pulse, global managing partnerJames R. Segerdahl explained the changes were driven by client and stakeholder feedback as firms reassess their approaches to remain compliant with shifting legal and regulatory expectations.However, he also reaffirmed that K&L Gates remains committed to diversity, equity, and inclusion, despite the updates.
"Consistent with our long-held values, K&L Gates is committed to advancing opportunity and inclusion across all facets of the firm," a firm spokesperson said in a statement to Law360 Pulse. "Revisions to our website have been implemented and led by a cross-section of stakeholders at our firm, including importantly by members of our Opportunity and Inclusion Committee, and we are and will continue to be in close communication with our entire global team about these changes."
The spokesperson also emphasized that the firm values the "unique backgrounds, talents and skills" of its team, which contribute to its ability to serve clients and support a thriving workforce."
We are dedicated to ensuring that every person at K&L Gates feels respected, heard, valued and supported," the spokesperson added. "We have not diminished in any way our long-standing commitment to foster an inclusive, talented team, as we know this enables us to provide the best possible service to our clients and empowers our workforce to thrive."
However, Patricia Gillette, a mediator for JAMS and lecturer on diversity and women's issues in business, warned that the smaller compromises being made by firms — such as rebranding diversity initiatives or quietly scaling back outreach programs — could lead to larger, more significant shifts over time."
If anyone's going to speak up, it should be law firms. If anyone's going to take a stand, it should be law firms," Gillette said.
She stressed that DEI is about ensuring equal opportunity, not favoring one group over another, hiring unqualified candidates or forcing people to change their views. "All this misinformation that's out there about what DEI is all about is fundamentally wrong, and lawyers should stand up for it,"she urged.
Despite fears that law firms might bend in the face of pressure, Gillette pointed to companies likeCostco, which have stood firm in their commitment to DEI, as examples of what law firms could do.Her hope is that law firms, as defenders of the rule of law, will stand up for these values, rather than bow to political pressures.
Shifting Client Priorities
Several major corporations, including McDonald's, Walmart and Target, have scaled back their diversity initiatives amid mounting legal and political pressure. Goldman Sachs recently ended its policy of requiring at least two diverse board members for companies it takes public, joining a growing list of corporations retreating from diversity efforts.
For years, corporate clients have driven diversity in the legal industry by demanding law firms provide demographic data and assemble diverse teams when pitching for business. But Gillette and other experts warn that if clients stop prioritizing DEI, law firms may also be less inclined to uphold these initiatives.
"If the clients say we don't care anymore, or we're not going to tell you how you have to present your firm if you want our business, that may impact the desire of law firms to continue to promote DEI,"Gillette said. "So, they're sort of all dependent on each other."
Still, Kent Zimmermann, a consultant to law firms at Zeughauser Group, said he'd be surprised if clients did a 180 in their stance on the value of diverse teams. He referenced a study by attorney and researcher Randall Kiser, which found that diverse litigation teams make better settlement decisions, arguing that the empirical data shows diverse teams give law firms a competitive advantage, ultimately making them more valuable to clients.
"The truth is on the side of an unwavering commitment to diversity because it makes firms better andmore valuable to their clients," Zimmermann said. "And that's part of why I'd be very surprised if the substance changes, even as the words are different or there's less words for now."
Sandra Yamate, CEO of the Institute for Inclusion in the Legal Profession, also stressed that clients seek the best legal talent, and to make fully informed decisions, they need diverse perspectives.While the degree to which clients publicly insist on diversity may shift, Yamate believes they will continue to expect their matters to be handled by diverse teams."
Clients again, they want the best legal talent available to them," Yamate reiterated. "And they understand that means that they're getting very comprehensive, well-rounded, well-thought-out legal analyses."
Refining Diversity Efforts
Yamate also pointed out that the current shift in focus on DEI isn't solely a result of recent political pressures but also stems from the 2023 Supreme Court ruling in Students for Fair Admissions Inc.v. President & Fellows of Harvard, which struck down race-based college admission practices. The ruling spurred conservative groups to file lawsuits targeting race-based diversity programs at all types of organizations, including several BigLaw firms.
While some law firms have revised the language on their websites to avoid becoming targets of lawsuits or legal challenges, Yamate stressed that these adjustments are more about refining howDEI efforts are described rather than signaling a fundamental change in the firms' commitment to diversity.
Curran echoed this view, acknowledging that changes to DEI efforts are understandable, as long as they align with a law firm's core goals. He uses the phrase "reframe, don't retreat" to describe how firms adjust their messaging while staying committed to diversity. These changes, he believes, are largely about legal compliance, but the essential work on inclusion will continue.
He also noted that for years, he has advised law firms to avoid becoming too attached to any singleacronym or label, such as DEI, as the term has become increasingly politicized, long before theTrump administration returned to office."
We knew this was going to remain a political lightning rod, and whether or not he won or lost, DEI was going to continue to be a controversial acronym," Curran explained. He stressed that he had always believed it was best not to get too committed to one particular term, suggesting that there are better ways to approach and talk about the work at the center of such initiatives.
Rethinking DEI Leadership
In recent years, many law firms have appointed chief diversity officers to lead their DEI initiatives. However, the trend has slowed somewhat in the past year as firms have already filled these roles, and experts predict that firms may also adjust titles to reduce scrutiny or controversy.
"I think we'll see law firms change the title just to reduce the possibility of scrutiny or controversy," Curran said, noting that he's long advised firms to consider titles like "social impact partner" or "chief impact partner" to avoid the political backlash tied to the DEI label. He considers such titles "evergreen" as social impact initiatives often rise and fall in popularity.
"I absolutely believe the people doing that work will continue doing that work at law firms with a deep tradition, history and commitment to this important work that will never change," Curran added. "It might change form, it might change title, it may change the way it is presented and appears on their websites. But the work will continue. It must continue."
Yamate echoed Curran's sentiments, noting that law firms are likely to exercise greater care and caution in their strategies. She explained that while firms may feel the urge to take bold stances onDEI, it could be a more effective use of resources to focus on doing the work itself rather than engaging in the potential controversy of defending their positions.
"I think that it's an understandable strategy, and when you're trying to weigh the use of limited resources," Yamate said.
Despite these shifts, some firms have continued to show commitment to diversity initiatives. Plunkett Cooney PC recently appointed longtime attorney Ellen Bartman Jannette as its new head of diversity, equity and inclusion. Ice Miller LLP named Myra Selby, a senior counsel and the first woman and Black justice on the Indiana Supreme Court, as its first chief equity and inclusion officer.
In a Law360 Pulse interview published Jan. 28, Selby reaffirmed Ice Miller's dedication to DEI efforts despite changing political and corporate landscapes. She also emphasized the firm's continued participation in the Mansfield Rule certification and the Leadership Council on Legal Diversity initiatives.
Future of Diversity Metrics and Certification
The Mansfield certification is a yearlong program run by Diversity Lab that aims to increase transparency and equity in law firm leadership opportunities. For the 2024-2025 cycle, over 365firms, including 19 new participants, have joined — setting a record for the program. However, experts warn that increasing political pressure may discourage some firms from participating in future cycles.
"It used to be a badge of honor to be part of the Mansfield Rule, but I think now it's possible that that'll get you put on a list by the Trump folks and maybe by some businesses that are afraid of them," Gillette said
Diversity Lab has recently updated its website, removing some diversity-related language and references to candidate pool percentages in its Mansfield certification program, according to webpages captured by Internet Archive's Wayback Machine.
For example, the phrase "cultivate diverse workplaces" was changed to "cultivate inclusive workplaces," and a statement about the benefits of diverse leadership was removed. The new language now focuses on "fairness" as the organization's guiding principle, instead of diversity.
Diversity Lab also removed the percentage requirements for candidate pools in its Mansfield certification. They previously required candidates for leadership roles at firms to include at least 30%historically underrepresented lawyers. For legal departments, the percentage was 50%. The website now simply states that firms and legal departments must "commit to expanding their talent pools for all leadership opportunities."
In response to these concerns, Diversity Lab CEO Caren Ulrich Stacy said that law firms remain committed to the Mansfield certification. "Not a single firm has withdrawn," she said in an email toLaw360 Pulse, stressing that Mansfield is designed to promote equal opportunity and eliminate discrimination, which aligns with "legal DEI" as defined by the executive orders.
Stacy further clarified that Mansfield is not a "diverse slate" policy but rather "an inclusive sourcing process" designed to give all qualified talent, regardless of background, an equal opportunity based on merit, without quotas or set-asides.
"It's not a 'zero-sum' situation where opportunities are given to some and taken from others," Stacy explained. "Employment and advancement decisions remain outside of the scope of Mansfield and are based solely on merit, as the executive orders counsel."
Stacy also noted that Mansfield will continue to evolve based on data, feedback and market needs.For example, this year, the program plans to enhance transparency requirements to make firms' advancement and promotion processes clearer and more accessible to their lawyers."
Research shows that increased transparency contributes to a level playing field," Stacy said.
--Editing by Robert Rudinger.