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EXPERT OPINIONS JUNE 22, 2020 ¦ 43

ment. (Reminder: Black lawyers make up less than
2% of all equity partners in major firms.)
So is this where we are—again—letting firms and
companies create their own self-serving narrative
without addressing deeper issues about race, partic-
ularly their own history of failure with minorities?
Not anymore. Aisha Harris’ mordant op-ed in
The New York Times describes how black people
are calling out the hypocrisy and promoting ac-
countability. “The Ghost of Racism Past,” writes
Harris, “exists in many forms, but on Black Twit- Shutterstock

ter as of late, it has frequently taken on the shape million in pro bono/volunteer work for next three
of two simple words. ‘This you?’ ”
It works like this: When someone talks about car- years, while Paul, Weiss, Rifkind, Wharton & Gar-
ing about black lives or the cause of equality, Black rison has pledged $2 million of direct financial
Twitter checks for hypocrisy. Harris cites H&M support and $10 million per year in pro bono ser-
France’s tweet, “support for black Americans,” as vices “for the foreseeable future,” according to chair
an example. That tweet was met with a “This you?” Brad Karp. But my hunch is that many more firms
retweet, “with an image of the retailer’s ad from 2018 are doing far less—issuing a statement and may-
featuring a black boy in a hoodie that reads ‘Coolest be making a one-time donation. (Above the Law
Monkey in the Jungle.’” Others caught in the “This runs a list of firm statements and their donations.
you?” net include The Disney Co., NFL player Drew Some highly profitable firms are only committing
Brees, Justin Bieber and Mark Wahlberg. $100,000 in donations, which is frankly paltry.)
The Twitter meme, writes Harris, “captures the I don’t know if “This you?” will get law firms on
sense among some that for all the attention given the stick, but it’s worth a try. When they trot out all
and demonstrating and donating that has occurred the fabulous things they’re doing for black lawyers
in the past two weeks, not much has changed— and other minorities, let’s see the hard numbers of
yet. It taps into a feeling that these affirmations of their poor record on retaining and promoting mi-
black life by public figures and corporations alike norities. In my experience, firms love to talk about
are merely lip service for the time being, catching their latest initiative for diverse lawyers. But ask
on the way trends often do—if everyone ‘cool’ is them about how many black partners they have,
doing it, it’s finally safe for them to do, too.” and they go quiet.
Indeed, something feels shallow about how So keep bugging them and ask, “this you?”
some of the most prestigious firms in the land are “It’s a way to keep people and organizations in
dealing with the issue. For example, law firms are check, and nudge them to work harder to receive
jumping on the Juneteenth bandwagon by giving their cookies, to make it clear that this won’t be
employees the day off, yet most firms won’t com- easy for them, because it has never been easy for
mit to extending the commemoration beyond this black people,” sums up Harris.
year. (Query: Do firms think that racial justice will And that’s exactly the kick in the butt that Big
be irrelevant by next year?) Law needs.
Some firms have announced they are also com- [email protected]
mitting significant amounts of money and pro Twitter: @lawcareerist
bono services to promote racial justice. To name ¦

just two examples, Pillsbury Winthrop Shaw Pitt- Vivia Chen is a senior columnist at The Ameri-
man pledged $1 million in cash donations and $10 can Lawyer and the creator of The Careerist blog.

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