Inspiring Women in Law Q&A: Michelle Barclay, CMS (Perú)

"Inclusion should not remain only on paper"

LATIN COUNSEL has spoken with Michelle Barclay, Partner at CMS Grau (Peru) and Head of Diversity, Equity & Inclusion at CMS Latin America, about the importance of inclusion in society, the potential of diversity within organizations, and the work she is doing to promote these values.

LATIN COUNSEL: How would you differentiate the terms "diversity," "equity" and "inclusion" (DEI)?

Michelle Barclay: Diversity is the existing representation within an organization of different human groups. Diversity is multidimensional because representation is manifested in individuals of different races, sexual orientations, gender, religion, and education, among others. Thus, the more representation we have in our companies, the more diverse we are.
Inclusion, on the other hand, implies welcoming differences and valuing diversity. An inclusive environment allows team members to develop permanently despite these differences: everyone has a voice and is recognized for their skills.
Equity is a concept that has begun to be used more frequently. Equity is not equality (which implies that everyone should be treated in the same way) but is associated with fairness. Equity recognizes that there are privileges and systemic barriers that prevent everyone from having the same opportunities and this needs to be balanced.

LC: Why is DEI relevant to organizations?

Michelle: Promoting more diverse teams and more equitable and inclusive workspaces brings significant benefits to companies, including law firms. As we know, in these professional environments, everyone’s points of view and ideas are heard, creativity and innovation are promoted, and greater team motivation and commitment are generated. Consequently, higher productivity is generated. 
Moreover, overall, diversity, equity, and inclusion are essential aspects of leadership. That is why leaders of several well-known companies are usually the ones who promote initiatives related to DEI.
As a final and very relevant point, the incorporation of diversity, equity, and inclusion in the "S" of ESG is leading several companies to consider this aspect as mandatory within their annual plans and not only as voluntary and positive action for the organization.

LC: What is CMS doing today to promote these values?

Michelle: CMS globally is committed to these values and we are working on several fronts.  One essential aspect is commitment and actions that have a social impact: that is, the "S" is ESG. CMS actively participates in the United Nations Global Compact. This international initiative works on the call to action on fronts related to human rights, EID, labor and environmental rights, and anti-corruption, among others. Each of the 79 CMS offices has its own ESG "S" goals according to their context. These are based on certain global guidelines.  As far as DEI is concerned, each office or region has a head who is responsible for ensuring that these values are implemented in the organization. One of the actions that has been strongly promoted in CMS is the positioning of women in management positions. As a result of this initiative, with goals set for 2025, we already have several women in leadership positions at the organizational level and in the various practice areas and sectors.

LC: In terms of gender equality, what has CMS done so far and what are the next steps to achieve more equity?

Michelle: Our formal initiative as CMS Latin America on DEI issues began in 2021 with a regional study led by GenderLab, a consulting firm specializing in closing gender gaps in organizations.
A very important step was to create our Diversity, Equity, and Inclusion Governance at CMS Latin America, which includes 25 representatives from our offices in Brazil, Chile, Colombia, Mexico, and Peru. The Governance has teams and goals on different fronts.
The actions we carry out are diverse and include, for example, workshops on key concepts in DEI, unconscious bias, and prevention of sexual harassment, among others. We also work on the establishment of general and objective criteria for hiring and evaluations, among others. 
Our actions are guided by a central goal, which is to create inclusive and safe spaces for the members of our organization. This is executed at the country level with initiatives focused on locally prioritized aspects.

LC: Can you tell us about an experience you know of where diversity and inclusion were key to the success of a project?

Michelle: Personally, our experience with La Casa de Carlota has been crucial. In their first regional presentation, they were able to make all the CMS Latin America attendees understand what we are talking about when we talk about diversity and inclusion.
La Casa de Carlota is not an association or an NGO. La Casa de Carlota is a creative communications company that uses the value of neurodiversity and lateral thinking in its projects.  Its members are creatives with Down syndrome and autism led by experts in advertising and communication. They are true benchmarks of innovation and inspire beyond imagination.
To give you an example: Nel, director of La Casa de Carlota in Medellín, asked us what the word "energy" evoked for us. The answers were as expected: "light", "sun", "ray", and others. Nel turned to Sebas, a young man with Down syndrome. Sebas answered: "For me, the night is energy... because that’s when all the stars come out". After these two lines, we understood the true power of diversity and inclusion. None of us had even thought of a similar response.
Diversity and inclusion is just that. Different people, different ideas, and, as a consequence, much more creativity and innovation.  Diversity and inclusion, as another member of La Casa de Carlota says, "is being yourself".
It has been wonderful to enter their world and really understand what a positive outcome incorporating diversity and inclusion into an organization can have. 

LC: How has the collaboration with La Casa de Carlota developed for you?

Michelle: From the moment we met (the team at) La Casa de Carlota, it changed our outlook and our understanding of what true diversity and inclusion are. They took us to a new world. We have participated with them in several internal and client workshops. When you listen to them you understand in the simplest and most playful way, what is the true power of diversity in the world of ideas and creativity.
In parallel, Casa de Carlota worked together with our CMS Latin America team on the name of our initiative, Dione+, as well as all the visual and conceptual aspects of that name.

LC: Based on your international experience, how do you see Latin America in terms of diversity and inclusion?

Michelle: At the level of organizations linked to the legal world progress is being made, albeit slowly. Let’s hope that the ESG criteria, which are factors that are being considered to measure (the progress in) organizations, will help to promote real actions and concrete results on these issues.

LC: Given your ties with the corporate world, what would you say to companies seeking to be more diverse, fair, and inclusive?

Michelle: It is not enough to design "Best Practices" manuals; they need to be properly implemented in order to generate a real social impact. For this, the commitment of company and organization leaders is essential. Without this aspect, it is not possible to generate inclusion and a safe environment in which team members can feel free to express their ideas authentically.  The latter is the most complex aspect in the "S" of ESG since we can have a very diverse organization with an excellent manual of best practices, but without the essential element of leadership that promotes inclusion. I would say that inclusion should not remain only on paper.

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