DIVERSITY IN LAW 2023: Alan K. Mills

Barnes & Thornburg LLP
Indiana University Robert H. McKinney School of Law, 1982

Why did you decide to enter the legal profession?

I was always an admirer of Thurgood Marshall and his work with the NAACP Legal Defense Fund, and for the U.S. Court of Appeals for the 2nd Circuit and the Supreme Court of the United States. He was my inspiration.

What does “diversity, equity and inclusion” mean to you?

To me, diversity, equity and inclusion means finding opportunities for historically underrepresented people. While I worry that the recent scrutiny of DEI programs will cause the legal industry and our country to regress, I remain hopeful that the commitment to DEI continues. Although I have my concerns, I feel strongly that this commitment will continue at Barnes & Thornburg under the leadership of Andrew Detherage and Dawn Rosemond. The commitment to DEI started at Barnes & Thornburg about 20 years ago when four African American partners — Harold Bickham, Tony Prather, Dawn Rosemond and I — met with the management committee to discuss creating a more inclusive and welcoming environment. The firm has made significant progress since that meeting, which has been wonderful to witness.

How did you get involved in DEI work, and why have you stuck with it?

I was the only African American employee and lawyer at Barnes & Thornburg when I joined the firm in 1982. As a result, I saw an opportunity for African Americans and other historically underrepresented people to succeed in the legal industry. As a firm believer in creating opportunities for others, I was determined to support such initiatives, help others identify opportunities and maintain the desire to pursue them.

What would you say to someone who perceives “DEI” as a business “buzzword”?

I would say that those who use DEI as a buzzword are not sincere and do not have the commitment required to produce long-term change. I think there are still people who are very comfortable operating in predominantly overrepresented environments, which is problematic and will continue to be an issue. My advice would be to not view DEI as a box you need to check, but as an ongoing initiative that you must put time and intentional effort into. Sometimes you have to make people uncomfortable for there to be change.

What is the most significant change you’ve seen in the legal profession?

One of the most significant changes I have witnessed is how the legal industry conducts partnership evaluations. When I first started practicing, being a good lawyer meant you put in your hours and developed an expertise. That was it. That is no longer the truth. Today, marketing and business development are also integral to being a good lawyer and being considered for partnership.

What’s the best advice you’ve ever received?

I was a young associate when former Barnes & Thornburg partner Jim Strain brought me to a luncheon with several senior partners. During the lunch, one of the partners brought up the National Football League and asked, “What is wrong with the NFL? There are too many Black players.” Jim touched my arm before I could speak up and said to me quietly, “Alan, let it go. One day, they will long be dead, and you will own this.” Reflecting on this, the best advice I ever received was knowing when to hold your tongue.

How do you spend your free time?

When I’m not spending time with my four grandchildren, I can be found exercising at the gym and listening to music. Music is always on at our house. I spend 10-15 hours a day listening to music of all types, but I am a jazz guy through and through. I also have an active and extensive art collection.

What was your favorite — and least favorite — class in law school?

I didn’t have a favorite or least favorite. I viewed all my classes as tasks that I needed to complete. It was as simple as that.

Your nominator described your “sponsorship” of young attorneys. What drives that?

I’m not someone who thinks, “I did it this way and had it hard, so you can do it, too.” It is instrumental for more experienced lawyers to help those who are younger and less experienced. I never wanted anyone to go through what I went through. Part of ensuring that doesn’t happen is being an advocate and sponsor for them when they are in the room and even when they aren’t there to defend themselves.

What was it like being the only Black attorney at your firm for a time, and how did that fuel your DEI work?

It didn’t feel good. To help illustrate what I went through, I want to tell a story about how good people can be oblivious.

As a young associate back then, you would work every Saturday and be sure to write your name on the check-in list so that partners could see how hard you were working. One Saturday, there was a Ku Klux Klan rally on Monument Circle. The other associates wanted to go out for lunch, but I decided not to because of the current events. They were oblivious as to why I didn’t go because, at that time, law firms didn’t issue internal statements like they do today. Everyone proceeded to lunch, thinking everything was alright and not saying anything.

When I returned to the office on Monday morning, I found a note on my desk from Howard Kochell, another associate at the firm. It read, “I don’t know how you felt given what was happening, but I am sorry and wanted you to know that I thought it was wrong.”

Howard was always near and dear to me. Howard was an extremely good lawyer. I was always sure to include him as my practice developed.

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