43 Trial Lawyer • Spring 2024 progress consistently placing one either behind or ahead. This gap is perpetuated and widened with every decision that influences one’s professional and financial trajectory. The opportunities and advancement granted to others by those in power that shape a person's economic outcomes is the basis of equity. I urge you to remember and fully grasp this concept. Achieving true equity in the workplace requires efforts to eliminate relationship-based and subjective favorability from the decisionmaking processes of those in positions of authority who shape people's financial destinies. Diversity cannot be achieved without subject matter equity expertise. To attain D, E and I, the practices and processes guiding an individual’s opportunities and advancement, particularly related to their economic earnings, constitute the crucial final puzzle piece in the distinct yet interconnected elements of this work. A comparison In a focus group, participants described a scenario at a prestigious law firm involving “Kim” and “Alejandro,” both talented attorneys hired around the same time. Over seven years, their professional paths diverged significantly. Kim, characterized by her extroversion and confidence, used an assertive communication style, often using “I” terminology to articulate her contributions to case victories. She co-counseled high-profile cases, was recommended for speaking opportunities and received mentorship from a senior partner. On the contrary, Alejandro, a quieter individual using more inclusive language like “we” to discuss contributions, faced public criticism in meetings despite similar performance. Unlike Kim, he wasn’t recommended to speak at conferences and struggled to build rapport with the partners. Kim achieved a promotion to partner status within five years, while Alejandro resigned, attempted a solo practice, and later joined another firm as an associate. Colleagues noted promotions lacked clear criteria, and being part of the inner circle was an unspoken prerequisite for advancement, supported by numerous anecdotal tales. The most critical steps Remember, equity entails transparency, consistency and objectivity. It requires the absence of in-group, relationship-based or person-favored decisions. Here are three steps to promote equity: 1. When making decisions affecting others’ opportunity or advancement, examine the basis of your choices. Relationship based decisions often signal favor and potential inequity. 2. Seek input that challenges your rationalization of your decisions, forcing critical questioning. 3. Co-share decision authority. While this is inviting discomfort, consider it a sign that equity is being practiced and embrace this discomfort as a sign of growth. These three steps sharpen your thinking, actions and impact. This introspective effort will reshape your perception of power structures and, ideally, inspire you to leverage your power responsibly, especially in crucial moments that decide the fate of others, particularly toward those who are most dissimilar to you or the group majority. Final message The scenarios I shared by attorneys are not isolated incidents. These stories echo across the nation, revealing a recurring pattern of injustice fueled by unconscious bias in an industry dedicated to justice. Attorneys embody the essence of turning wrongs into rights. We rely on your dedication to represent the efficacy of DEI principles where injustice has persisted. DEI does not unfairly grant advantage to the undeserving or deny access to the worthy. This misconception activates the instinctual drive for self-preservation in response to perceived threats to one's stability, survival and progress. In truth, inclusion and equity are transformative forces, unlocking doors that were historically closed, enabling diverse seats at the table and in the boardroom to hold an equitable distribution and share of power. The action steps I outlined across DEI are applicable to all individuals. They are aimed to bring you closer to embodying your values, fostering personal and professional growth, and enhancing inclusivity and equity in the environments you work and play in. Every day offers us an opportunity to uplift the current state of humanity. We carry the power to dismantle the barriers of comparative judgment that fuels bias and act as architects of positive change. Striving to be a better human every day through one conscious, intentional act at a time brings us one step closer to improving our workplaces and uniting a divided society. Dr. Tiffany Brandreth is a consultant, executive coach and speaker, providing expert witness, pre-trial focus groups and witness preparation services. She is the founder & CEO of TBM & Associates Consulting, P.O. Box 8431, Newport Beach, CA 92658. She can be reached at 949-4244950 or drb@thebiasexpert.com.
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