The BRAVING INVENTORY

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TheBRAVING INVENTORYBoundaries You respect my boundaries, and when you’re not clear about what’sokay and not okay, you ask. You’re willing to say no.Reliability You do what you say you’ll do. At work, this means staying aware ofyour competencies and limitations so you don’t over promise and are able to deliver oncommitments and balance competing priorities.Accountability You own your mistakes, apologize, and make amends.Vault You don’t share information or experiences that are not yours to share. Ineed to know that my confidences are kept, and that you’re not sharing with me anyinformation about other people that should be confidential.Integrity You choose courage over comfort. You choose what is right overwhat is fun, fast, or easy. And you choose to practice your values rather thansimply professing them.Nonjudgment I can ask for what I need, and you can ask for what you need. Wecan talk about how we feel without judgment.Generosity You extend the most generous interpretation possible to theintentions, words, and actions of others.Copyright 2019 by Brené Brown, LLC All rights reserved www.brenebrown.com/daretolead1/1

D I V E R S I T Y A D VA N TA G EIt Is in the Day-to-DayCourageous Conversationsin Contentious TimesBy Kori S. CarewAs I prepared for church on June 12, 2016, I learnedthat someone had entered an Orlando nightclub theby police officers in Minneapolis during a traffic stop.On July 7, five police officers were shot during peacefulprevious night and began killing people simply because demonstrations in Dallas. It was humbling to have otherthey were gay—49 deaths in all, and many more criti- members of leadership at my firm reach out to ask howcally injured.best to talk to their teams and to acknowledge that peoThat evening, I struggled to determine my role in my ple were affected by the events. Our goal in respondingcommunity and what I could do. I found myself frus- to the Pulse shooting was to continue a commitment thattrated. How does one begin to make a difference when we started in the prior few years—encouraging peoplesuch things happen? I realized that I could not go to work to engage in difficult conversations rather than ignoringthe next day and be silent.the reality of their colleagues under the guise of workplace sensibility. Central to that goal are leaders empowThe Leadership Callered to address difficult issues, employees able to have aThe Tuesday after the Pulse shooting, I went to work— respectful dialogue, and work cultures that create safea place that prides itself on being nice and non- spaces for individuals affected intimately by a variety ofconfrontational, where people don’t get into “political” issues and events.debates—and issued a call to action to fellow administrative leaders. I spoke about the cost of silence. LGBT Politics in the Workplace/Politics of Inclusionemployees have experiences that many of us cannot The reflexive tendency of our work environment—lawrelate to, and this tragedy brought some of those expe- yers and rule- followers that we are—is to be wary of anyriences to light. As leaders, we have responsibilities thing “political” coming into the workplace. But manyto those we lead, which include acknowledging their of these issues cannot simply be categorized as political.humanity. I asked everyone to speak to their teams These national tragedies and ongoing divisive debatesand emphasize that they recognize that external events affect the lives of real people with real stories who doimpact individuals. That week, we also hosted a pro- not shed their beings and consciousness when they walkgram that started with an address from our firm chair in through the doors of our buildings.which we honored the victims of the shooting, discussedThe language of inclusion focuses on creating spaceshow to engage in difficult conversations, and provided where people can come to work as their whole selves. Wevisibility to the experiences of LGBT employees. Our have long recognized that workplaces can stifle perceivedintranet also featured a letter from the chair to the whole disfavored traits and aspects of a person’s identity. Wefirm. It was with honor and pride that I saw our leader- know that generations of women have been taught thatship stand firm in our values of affirming everyone.they must “act like men” to succeed. But our talent haspushed back, seeking more from the places where theyWho Will Speak for Me?spend so much of their time. This is where the conunOn July 5, Alton Sterling was shot by a police officer in drum arises—when an organization is committed toBaton Rouge. The next day, Philando Castile was shot diversity and inclusion but is silent on the many incidents and discussions that affect diversity.Kori S. Carew is Shook Hardy & Bacon LLP’s director of Strategic Diversity Initiatives. In this leadership role, she equips and empowers leaders to interrupt biasand manage diverse teams inclusively; crafts solutions designed to disrupt systems and achieve equitable results; and equips diverse talent for success. Ms.Carew integrates her experience as a former trial attorney and law firm partnerinto the firm’s diversity and inclusion strategies. She serves on DRI’s Diversity andInclusion Committee Steering Committee and DRI’s Women in the Law Committee Steering Committee. 100 For The Defense October 2017The CEO Action Gets It RightAmidst the calls for increased diversity from corporatelegal departments, CEOs and executives have been making important moves to advance diversity and inclusion.More than 175 CEOs and executives have signed the“CEO Action on Diversity & Inclusion,” which “aims torally the business community to advance diversity and 2017 DRI. All rights reserved.

inclusion within the workplace by working collectively across organizations andsectors.” The CEO Action has three pillars: (1) commitment to creating safe andtrusting workplaces where difficult andcourageous discussions on diversity andinclusion can take place; (2) implementingimplicit bias education; and (3) sharing bestpractices and failures. Every organizationcommitted to improving diversity shouldalready be doing implicit bias education—more than just once a year as a standaloneprogram—and sharing best practices andfailures is a beneficial move for everybody.But the first commitment is the one that Ibelieve will have the biggest impact.Part of why we struggle with havingmeaningful dialogue on race, for example,is because we have been told not to havethe conversation at all. As a result, we don’tlearn to become comfortable with the discomfort that these conversations can cause.It takes courage to admit that one’s perception does not match the reality of others orthat one’s experiences are shaped by privilege. It takes courage to speak up againstwhat is popular. It takes courage to take aposition in these times when internet anonymity has caused a surge in shaming andattacking. The instinct is to shy away fromallowing any of this to invade the workspace—but it does anyway. The CEO Actionencourages us to engage.Meaningful, honest, and truthful dialogue on diversity and inclusion issuesleads to increased awareness. Between theimplicit bias sessions, employees can finda deeper understanding in safe but difficult conversations. It is in these dialoguesthat we practice “both/and,” “yes/and,” andexploring that which goes beyond our ownexperiences. Offering workplace opportunities for education and awareness equipspeople to have those discussions in theirhomes and communities, making a difference outside the law firm as well.we’re in a leadership meeting and everyoneavoids a controversial subject that warrantsa discussion, and we stay silent. It may bethe unaddressed double standard facinga female associate, or the hiring committee member’s commentary that perhapsthe firm is just not hiring the right minority candidates because they don’t seem tobe succeeding (but similar concerns arenot raised for departures of other groupssuch as white women). The opportunities toaddress implicit bias or to have courageousconversations on race and other diversitywill come in many forms, and addressinglarge issues will require practicing addressing the day-to-day issues.Choosing to speak and address our organizations after national incidents of hatetakes courage, and courage takes practice.Inclusion requires that we speak up on issues that affect those in our organizationand conflict with our stated values and commitment to diversity, whether that meansspeaking out against the white- supremacistrallies in Charlottesville, Virginia, the anti- Muslim hate crime in Olathe, Kansas, or theongoing violence perpetrated against transgender women. Silence in the face of tragedy is deafening and undermines our workto create inclusive environments where diversity thrives. It Is in the Day-to-DayIt is in our daily interactions that we willmost frequently be tested. When someone makes a sexist joke and we pass on theopportunity to say with grace and kindness why the joke isn’t funny. When we seesomeone being railroaded on the job but wesay nothing because we don’t want to jeopardize our chances of promotion. WhenFor The Defense October 2017 101

DARING GREATLYLEADERSHIP MANIFESTOleader /'līdәr/ n: Anyone who holds her- or himself accountable for finding potential in people and processes.WE WANT TO SHOW UP, WE WANT TO LEARN ANDWE WA N T TO I NSPI RE .WE ARE HARDWIRED FOR CONNECTION, CURIOSITY, AND ENGAGEMENT.WE CRAVE PURPOSE, AND WE HAVE A DEEP DESIRE TO CREATE AND CONTRIBUTE.WE WANT TO TAKE RISKS,EMBRACE OUR VULNERABILITIES, AND BE COURAGEOUS.WHEN LEARNING AND WORKING ARE DEHUMANIZED –WHEN YOU NO LONGER SEE US AND NO LONGER ENCOURAGEOUR DARING, OR WHEN YOU ONLY SEE WHAT WE PRODUCE ORHOW WE PERFORM – WE DISENGAGE AND TURN AWAY FROMTHEVERYTHINGSTHATTHEWORLDNEEDSFROMUS:OUR TALENT, OUR IDEAS, AND OUR PASSION.WHAT WE ASK IS THAT YOUE NGAGE WI T H US, SH OW U PBESIDE US, AND LEARN FROM US.FEEDBACK IS A FUNCTION OF RESPECT;WHEN YOU DON’T HAVE HONEST CONVERSATIONS WITH USABOUT OUR STRENGTHS AND OUR OPPORTUNITIES FOR GROWTH,WE QUESTION OUR CONTRIBUTIONS AND YOUR COMMITMENT.AB O V E A LL EL SE, WE A S K T HA T Y O U S HO W U P ,LET YOURSELF BE SE E N , A N D B E C O U RA GE O U S .DARE GREATLY WITH US.from Daring Greatly by Brené BrownCopyright 2019 Brené Brown, LLC.

InsideCounselSeptember 11, 2017Business Insights for the Legal professionalwww.insidecounsel.comBy Kori S. CarewThe Heat Is On: How Law Firms ShouldRespond to the Increased Calls forDiversity from ClientsPart OneThe last year has seenincreased focus onbetter ways to pushdiversity accountability. ABA Resolution 113urges legal service providers “toexpand and create opportunities at all levels of responsibilityfor diverse attorneys and urgesclients to assist in the facilitation of opportunities for diverseattorneys, and to direct a greaterpercentage of the legal servicesthey purchase, both currentlyand in the future, to diverseattorneys.” In addition, the ABA360 Diversity and InclusionCommission released severaltools to help increase diversity,including a Model Survey thatmany corporations have supported. The Model Survey allowscorporations to evaluate thediversity metrics of law firmsand the ABA to collect aggregatedata and uniformly measureindustry progress.Consider, also, companies thathave demanded higher levels ofdiversity from their counsel, such as(i) HP, which has announced it canwithhold 10 percent of fees fromlaw firms that do not meet diversityand inclusion goals; (ii) Facebook,which announced on April 2 thatit will require 33 percent diversityof women and minorities workingon its matters by outside counsel and will “actively identify andcreate clear and measurable leadership opportunities for womenand minorities”; (iii) MetLife willrequire its outside counsel to provide a formal talent developmentplan on how they will promote andretain diverse talent by June 18 and(iv) other general counsel who haveencouraged that firms be fired forfailure to improve their diversitynumbers and for this firing to bepublicly shared.Corporations and law firms havepartnered to advance d iversity andinclusion in the legal p rofession fora while now. At times, the relationship has been framed as a challengefrom clients to those who do theirwork, and at other times a partnership with common goals and challenges. In 1998, BellSouth ExecutiveVice President and General CounselCharles Morgan initiated “Diversityin the Workplace: A Statement ofPrinciples,” to which more than 500corporations committed. In 2004,Rick Palmore, then CLO of Sara Lee,issued a Call to Action that again wasjoined by hundreds of corporations asa result of the slow progress on diversity in the legal profession. Microsofthas had a long-standing diversityand inclusion bonus program thatrewards law firms for meeting itsdiversity and inclusion goals, andit recently updated the program toreward firms with at least one diverserelationship partner and morediverse lead attorneys on its matters.

September 11, 2017www.insidecounsel.comGiven that law firms and corporations have made many effortsover the years to advance diversityand inclusion, how should lawfirms respond to this renewed pushfor results? If these client-drivenmeasures are to yield meaningfulprogress, we must tackle embedding inclusion and improvingdiversity as an organizational issuein a more cohesive and strategicway than many organizations havein the past. This series will focus onvarious aspects of organizationalstrategies necessary for us to movethe needle forward meaningfully indiversity and inclusion.Progress is not the responsibility of women, minority and LGBTattorneys aloneFor too long diversity strategieshave focused on telling attorneysfrom underrepresented groupswhat to do to succeed in the legalprofession. The advice and programs focus on a premise, stated orimplied, that attorneys from theseunderrepresented groups wouldbe successful if they only knew therules, played by the rules, or conformed to the culture. Frankly, formany attorneys of color, culturaldifferences and other barriers haveplayed a role in their career trajectory and whether they achieved“success” in majority law firmsdespite their ability and willingnessto conform and follow the rules. Conformity has proven to clearlynot be enough.It is important to providetransparency on success strategies,especially when an organizationshares information informally andis relationship-driven. Transparency on success strategies, however, is merely a beginning step.We must also look at the firmculture, processes and systemsand assess structural barriers. Ourorganizations were not built bya diverse group for a diversegroup. And often we find thatour systems in organizations arewell-meaning but fail to evaluatewhere they impede diversity orhave barriers built in for some (anearlier draft described these systems as well thought-out, but myeditor pointed out that a process isnot well thought-out if it does notaccount for diversity. She is right).The solution, then, must includean organizational analysis andfocus on strategies beyond whatpeople from underrepresentedgroups must do to assimilate.The first step is getting leaders tounderstand that the problems arealso embedded in our cultures,structures and accepted behaviorsbefore moving any further.The questions every organizationshould frequently be asking are,“Do our leaders know what inclusion looks like and what is expectedof them in being inclusive? Are webehaving in ways consistent withour stated values?” We must askourselves these questions repeatedly as we work through makingchanges toward our diversity andinclusion goals.Take a look at where problemshide in the organizational DNAAfter acknowledging that asignificant part of your diversityand inclusion problem is the organization, culture and processes,then you are ready to begin analyzing for blind spots. Follow upyour implicit bias training withan analysis of blind spots in yourmost critical talent-developmentprocesses. Do this with all training you deem to be important andimpactful for your leadership andthe organizational culture. Look ateverything from your forms to yourinformal practices, unspoken rulesand expectations. Do the same forcultural competency and how wellyour organization works across differences. Cultural fluency is a keyaspect of creating inclusion thatoften gets neglected and is why somany diversity and inclusion strategies have historically focused onwhat I call “fixing the minorities.”It is one thing to invite diversetalent to your organization. It isanother thing altogether to haveleaders and teams that are able towork across cultural differencesand have those cultural differences be integrated to the cultureof the firm. Assess your leaders,those in key talent-managementcommittees and decision-makingroles, as to how they work and flexacross differences. A useful toolthat we have used at Shook, Hardy

September 11, 2017www.insidecounsel.com& Bacon is the Intercultural Development Inventory (IDI). Once youhave assessed your leaders, tell theorganization how it is doing withwelcoming and leveraging differences effectively.Use metrics and analysis thatshow where you lose people toassess what aspects of your business practices contribute to theproblem. As a diversity professionaland inclusion strategist, my abilityto persuade for change has beenheavily enhanced by my ready useof current data, information frompulse surveys, stay interviews Ihave conducted (although I don’ttell people it is a stay-interviewwhen I converse with them), andpersonal stories that capture theexperiences of our diverse talent. After you have obtained yourmetrics and analyzed them, createa solution from there. It is criticalthat we move beyond education;education and awareness shouldtie to the implementation of concrete individual and organizationalstrategies.Accountability, accountability,accountabilityI will be frank: we have allworked at firms where there is thatproblem partner who does everything discussed in the implicit biassession. The problem partnerstend to skip the valuable equippingand awareness sessions organizedby the D&I Committee or firmleadership. And in many of ourorganizations, we knowingly givethem a pass on their behavior andthe impact on our talent becausethe partner is a good trial attorneyor big rainmaker. We don’t factorin their impact when addressingissues of engagement and advancement to mitigate the outcomes. Itmay be the partner who gives allthe women attorneys the “officehousework,” or the one who considers attorneys of color only for thepitch where the client is diverse ordiversity is important, convenientlyforgetting them when other workcomes in, or even the partner whoonly sponsors and grooms “goodol’ boys” who remind him of himself despite having star performersfrom underrepresented groupson the team. How we respond tothe actions of such partners in ourorganization communicates theorganization’s values more than themission statement and leadershipprofessions. This process shouldnot be about shaming or blamingindividuals but rather providing asafe environment that intentionally promotes and insists on growthand positive change.Accountability is not just aboutpenalties and restrictions—weshould also reward and encourage the behavior we want to see.Accountability can also be fun.As part of Shook’s “It’s All AboutInclusion” Campaign, we hadpeople in the firm write a note ofthanks to someone who has beeninclusive towards them or investedin their career. Those who receiveda card were delighted. We did notanticipate the level of positiveenergy this activity would elicit.It was a simple way to encouragepeople to notice inclusive behaviorand to express gratitude. We chosethis activity also knowing thatexpressing gratitude has an impacton morale. Since we initiated thisactivity in December 2015, employees continue to request cards touse, a

ered to address difficult issues, employees able to have a respectful dialogue, and work cultures that create safe spaces for individuals affected intimately by a variety of issues and events. Politics in the Workplace/Politics of Incl

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