Cravath Gives $6M to Promote Equality, But What About Its Own Diversity Issues?

On the awesomeness scale of law firm donations during this year of racial reckoning, Cravath, Swaine & Moore is killing it. A few weeks ago, the esteemed firm announced a whopping $6 million gift to social justice organizations and a historically Black university.

While many Big Law firms donated a few hundred thousand dollars or so this past year to promote equality, Cravath’s gift seems the most generous. Kirkland & Ellis and Greenberg Traurig came close, each pledging $5 million—except their donations are spread over a five to six year period while Cravath’s gift is outright.

Funded by lawyers’ fees awarded to Cravath from its pro bono work on behalf of Black and female plaintiffs in an employment discrimination case in Jefferson County, Ala., the donation represents the culmination of litigation that spanned almost 40 years. The recipients of Cravath’s largesse are the Birmingham Civil Rights Institute, the Equal Justice Initiative and its Legacy Museum, the Lawyers’ Committee for Civil Rights Under Law, and Fisk University, a historically Black university with a storied affiliation with the firm. (Abolitionist Reverend Erastus Milo Cravath, the father of name partner Paul Drennan Cravath, was a founder of Fisk who served as its first president. Paul Cravath played leadership roles at the university for over 45 years.)

It’s all very impressive. And Cravath clearly wants to make a splash. But here’s what puzzles me: How can a firm with such an illustrious history of fighting for the rights of Black people have such a lackluster record on promoting Black partners? Will Cravath’s $6 million gift—and all that it symbolizes—translate into measures that will significantly improve its own diversity record?

Few large firms can brag about the number of Black partners in their ranks but Cravath—arguably the standard bearer of Big Law—seems to be particularly challenged. Until this year when two Black women were elevated to partnership, it had zero Black partners. Prior to that, it had only one Black partner in its 200 year history: Rowan Wilson, who made partner in 1992 and left the firm in 2017 to serve on the New York Court of Appeals.

Two freshly minted Black partners and now a major gift to institutions that promote equality and opportunities for Black people: Is this a new Cravath that’s taking diversity by the horns?

I tried to pose that question to the firm several times. But alas, Cravath declined to comment about its diversity policy, though it was more than happy to talk about its $6 million gift—albeit only via email exchanges with its spokesperson and published statements. (In the firm’s press release, presiding partner Faiza Saeed noted the “four decades of effort to make real the promise of civil rights reforms in Jefferson County, Alabama,” adding, “we feel privileged to carry forward that commitment by supporting the work of each of these remarkable organizations.” Former partner Wilson added, “I was honored to lead this work as a Cravath partner for 25 years before joining the bench, and it remains among the most meaningful cases I worked on as a practicing lawyer.”)

Fine sentiments, but why not let me speak directly to a Cravath partner about the gift and how that might reflect on its diversity efforts? Did I ask an impolite question? Am I scary? Or is Cravath uncomfortable about discussing the topic of Black partners?

Perhaps all the above. Or none of it. Frankly, I thought it was a softball question that many firms would jump at. Why not say something along the lines of “we know we can do better, and we will!” Acknowledge the issue, talk about the impact of the past year, create a narrative on how that $6 million gift reflects a deeper commitment to equality. Imagine how that would cast the firm in a flattering new light.

But somehow, that’s not the Cravath style. Over the years, I’ve written about Cravath’s record on Black partners and it has never deigned to comment. I get the impression that this proud firm wants to stay aloof—as if admitting to a problem would make it look weak and tarnish its shiny armor.

That stance makes me wonder if the firm embraces equality mostly as an abstract principle—something that’s worthy for society at large. But take bold measures to change the dynamics internally? Well, let’s not get carried away.

That said, Cravath is trying to do its part to keep the pipeline of Black talent flowing. In 2019, it launched the Cravath Scholars program to support “high-achieving students” across a range of studies at Fisk that gives them tuition assistance and a summer internship at Cravath, including training and mentorship. In a statement, Cravath’s presiding partner Saeed noted that Fisk “is educating the leaders of the future.”

That all sounds wonderful, but how many graduates of Black colleges or law schools has Cravath hired? Its spokesperson said that it does “recruit every year from Howard [Law School],” adding that former associate LaShann DeArcy Hall, now a judge in the Easten District of New York, graduated from Howard Law.

It’s not unusual for Big Law firms, to tag Howard on their recruiting roster, but Cravath tends to skew toward the most selective law schools when making its hires. According to Top Law Schools, a site for current and prospective law students, the top three feeder law schools for this year’s summer associate class at Cravath are Harvard, Columbia, and NYU. In fact, there are few summer associates at Cravath who aren’t attending a top 20 ranked law school, with the exception of Fordham Law.

But some elite firms hire from Howard more than others. One is Paul Weiss, where Howard is among the top three law schools—along with NYU and Columbia—supplying its summer associates. This year, the firm has nine Howard students in its program—a jaw dropping number for a major firm. It’s noteworthy that the firm is also home to several star Black partners, including former U.S. Attorney General Loretta Lynch, former U.S. Secretary of Homeland Security Jeh Johnson and legend litigator Ted Wells.

All this is to say that some firms seem more purposeful than others in diversifying their ranks. I don’t think increasing the numbers of Black partners at firms happens by accident. So I keep going back to these questions: Has Cravath made major changes in how it intends to recruit and promote Black lawyers? Was its elevation of two Black associates to partnership a signal of a new direction or a blip on the radar?

Perhaps the firm is hatching an amazing plan that will knock us off our feet. One can only hope.