DIVERSITY IN LAW 2024: Kenneth H. Inskeep

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Barnes & Thornburg LLP
Indiana University Maurer School of Law

Why is DEI important to the legal profession?

In my experience, the most effective and successful lawyers are those who can see a situation from multiple perspectives. They anticipate the many different ways things may unfold in the future. They perceive how language might be susceptible to interpretations different than intended. They evaluate possible motives and intentions behind actions. Working with a high-functioning (i.e., equitable and inclusive) team with diverse perspectives and talents inevitably makes lawyers better at these and similar tasks. The whole purpose of creating a team is to take advantage of individual diversity.

Why has DEI become so controversial?

Ironically, those who complain about DEI most often are complaining about equity and inclusion. They no longer feel the system is “fair” to them (i.e., “equity”) and they feel they are not included in advantages or preferences that others are receiving (i.e., they don’t feel “inclusion”).

Of course, this issue is easily exploited by politicians because social science has told them it can impact who someone votes for.

The solution is more DEI, not less. We all understand the importance of building a diverse team (just look at any sports team where each position requires different talents and attributes). The key is making everyone feel that we are not sacrificing equity and inclusion to achieve diversity.

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

Sometimes, the best thing that happens is that you don’t get what you want.

What advice would you give to young attorneys?

Be kind and gentle to yourself. That voice in our head that is always criticizing and belittling us is a liar.

How do you spend your free time?

Mentoring younger lawyers.

Volunteering and performing pro bono legal work for the nature conservancy.

Advocating in the Legislature on LGBTQ+ issues and supporting families with transgender kids.

Working with a small non-profit doing transformative work helping a small community in Haiti.

Planting and tending native plants and eradicating invasives.

What is the most significant change you’ve seen in the legal profession since you began your career?

Law is much more a business than a profession now. The focus of many is on maximizing income rather than putting client interests first. I could write a book about the positive and negative effects of this change.

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

Favorite: Constitutional law. Wasn’t it everyone’s?

Least favorite: Torts (which of course ended up being a major part of my practice).

Why did you decide to enter the legal profession?

Among other reasons, I wanted to try to help Native Americans recover their lands and culture.

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