Is anyone else following the Cardwell v. Davis Polk & Wardwell trial?
I’m rooting for him, but what are your thoughts? Did he do anything wrong?
For context: Kaloma Cardwell is a Black lawyer who worked in Big Law at Davis Polk & Wardwell for four years. It sounds like he had a terrible experience there. In 2017, He filed a discrimination and retaliation complaint with the EEOC. In 2018, they terminated him. Now He’s suing for racial bias and discrimination.
https://www.abajournal.com/news/article/witness-for-fired-associate-describes-cavalier-body-language-refusal-to-help-in-a-pinch
The issue seems to be that he was a very confident black man. He sought to chart his own course by thoughtfully accepting/declining certain assignments. And when confronted he sat up straight in his chair, took up space, didn’t cower. There’s a thought piece I refer back to every so often of the white man in my pocket https://www.huffpost.com/entry/kenya-robinson_n_6973488. He was moving like a white associate and that may have been off putting to firm culture.
This is a widespread problem in big law. And I felt similarly in my experience. POC but especially Black associates need to be careful to watch who they work with and for. We also don’t get the same opportunities to have the full learning curve of a junior. But a firm will always have a few to point to that “made” it. It’s a hard path.
Oops @A4. I accidentally answered below instead of replying here. But here was my answer:
Hm that’s an interesting question. I think part of the insidiousness of racism (or any ism) is that you can never be quite 100% how much the difference in experience you might be feeling or noticing is due to race. Or sex/gender. Or both. And part of racism is implicit bias. And corporate systems and law firms already have issues with proper mentorship and training. And managers. So I looked at it as part of the system. But I also personally never thought I’d really stay in big law forever. I don’t know even if I’d had a great experience that I would have stayed too much longer than I did. I don’t know if that counts too much as “overcoming” rather than…accepting and choosing what I would prioritize? It’s an overwhelmingly toxic environment but if you aren’t lucky I think it’s better to get out and preserve your health, sanity, confidence and well being.
i know all parties involved so, yes.
Spill the tea!
Don't know the details, but wouldn't be surprised if the racial allegations are true.
If I recall correctly, the original complaint referenced an occasion when a partner corrected Cardwell’s grammar in an email. Idk why that of all things stood out to me but it did.
I believe him.
@Counsel 1, that was my point.
https://www.abajournal.com/news/article/hypothetical_legal_memo_demonstrates_unconscious_biases
If his supervisors were willing to correct grammar in an email, I have no doubt there was bias demonstrated elsewhere.
Enthusiast
Thanks for sharing this. I wonder why Davis Polk allowed this to go to trial? A jury can be very unpredictable, and they have been plaintiff-friendly in the SDNY recently.
I wondered the same. I believe they tried to get it dismissed early on.
I wonder if they are banking on the anti DEI sentiment that has been on the rise recently to work in their favor?. But even with that, as you said juries are unpredictable, pretty risky to take a chance (speaking as a non litigator of course 😊)
I've had an opportunity to review some of the articles, and I'm surprised at how critical some were of a first year associate. Perhaps this is typical at DPW.
Isn’t it the firm that defended the "separate but equal" doctrine in Briggs v. Elliott (companion case to Brown v. Board of Education)?
They do talk about it. Though we’re more than half a century out from that so I’m not sure that makes them currently any more racist than another law firm.
I’m following and I had an opinion when the case first dropped which has somewhat been tempered by understanding how law firms ice people out generally. I’ve been meaning to reread the complaint with that lens bc I remember at the time not being able to fathom work just drying up mike that but haven’t had time or desire. But having seen how people were getting treated in the height of 2021 when people didn’t like them I need to go back.
https://abovethelaw.com/2024/01/former-davis-polk-employee-testifies-in-racial-discrimination-trial-that-fired-associate-was-too-relaxed/ - another article, this time on Mr. C not being stressed out enough. I found this testimony a bit cringe. Jeez, we're usually anxious enough inside.
The more I read, the more I feel like this Mr. KC got a raw deal at this firm.
Hm that’s an interesting question. I think part of the insidiousness of racism (or any ism) is that you can never be quite 100% how much the difference in experience you might be feeling or noticing is due to race. Or sex/gender. Or both. And part of racism is implicit bias. And corporate systems and law firms already have issues with proper mentorship and training. And managers. So I looked at it as part of the system. But I also personally never thought I’d really stay in big law forever. I don’t know even if I’d had a great experience that I would have stayed too much longer than I did. I don’t know if that counts too much as “overcoming” rather than…accepting and choosing what I would prioritize? It’s an overwhelmingly toxic environment but if you aren’t lucky I think it’s better to get out and preserve your health, sanity, confidence and well being.
Enthusiast
This case is heartbreaking. DPW gave Cardwell conflicting feedback (like “too fast” but also “too slow”), and talked negatively about him behind his back. Once he complained, he didn’t get work and then got a negative review and was terminated.
The retaliatory pattern continues—once he filed his lawsuit, Davis Polk viciously attacked his work and even his personal motives in bringing this case. This approach can backfire in new work world increasingly supportive of employee rights against toxic work cultures.
I don’t hear Davis Polk expressing compassion and concern about the challenges of being a diverse associate at a firm with a history of defending Brown v. Board of Education, or taking any genuine reparative steps to improve inclusion. I hope the law firm industry can do better going forward.
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Davis Polk won apparently : https://www.reuters.com/legal/litigation/law-firm-davis-polk-wins-trial-black-ex-lawyers-retaliation-lawsuit-2024-01-29/?trk=feed-detail_main-feed-card_feed-article-content
Enthusiast
Thank you for the idea! Let me think about how to phrase it for the group.