An Interview with Erin Locklear

By Jeremy Locklear and Erin Locklear

Why do you consider yourself a diverse attorney?

When I think of a classic definition of “diverse,” I think of someone who differs from those around her. As a Native attorney, that definition has applied to my experience. I have never practiced with another Native attorney. I have only ever encountered one Native attorney while representing my client — a personal injury attorney who was representing an adverse party. There are no Native attorneys in any of the industry-specific trade organizations to which I belong. So, I do consider myself a diverse attorney and I have placed an emphasis on building bridges with those who are different from me.

Have you dealt with perfectionism or imposter syndrome? If so, please describe your experience.

This question makes me feel seen! I live in a world of perfectionism and imposter syndrome. I could give many, many examples. Much of the work I do involves advocacy and representation of my unique client in matters of first impression or matters that have not arisen in decades. There is no blueprint, and I develop the argument/strategy from the ground up. Many of these situations are complicated, with multiple layers of federal and state laws and regulations. Even when I work extremely hard to build a solid multi-faceted legal structure and argument, I constantly have my head on swivel for something I’ve missed or haven’t prepared for. This continual pressure to get everything 100% correct and the hidden belief that I’ve missed something despite my overpreparation is my constant companion. There is an even deeper hidden feeling that when folks realize that I’m not perfect, they won’t value my work or my advice as much. The good news is that I see this is happening, I recognize it, and I am lucky enough to work for a great organization and a leader who realizes there is no such thing as perfection and tries to get me to realize that, too.

What is a unique skill, tip, or mentality that helped you overcome perfectionism or imposter syndrome?

I’m not sure I’ve overcome it — it is something I continue to work on and through. In typical perfectionism/imposter syndrome fashion (one of the manifestations of imposter syndrome is overpreparation), I have researched the topic to understand it and deal with it. I read a book that I recommend (not just for women): “The Secret Thoughts of Successful Women” by Valerie Young. When I read “Secret Thoughts,” I realized that others feel the same way I do, and that I wasn’t alone. That connection was powerful.

The biggest benefit of Young’s book and other research has been a shift in mindset to see and recognize imposter syndrome thoughts, and then to counter them with actual reality. For instance, before I realized that overpreparation is a symptom of imposter syndrome, I would congratulate myself on being a hard worker — but, ridiculously overworking to alleviate a misguided pressure to be perfect doesn’t allow for long-term success. That realization has been freeing.

Before I knew the tools and language to identify imposter syndrome, I believed other people when they falsely identified the syndrome as low self-esteem. It is not. I will say that again — it is not low self-esteem. Folks with imposter syndrome (which is more likely to happen in diverse populations) are successful high achievers. It is those successes that foster imposter syndrome, not the absence of success. This realization has removed some of the stigma I felt related to imposter syndrome and has made me more comfortable in addressing it and talking about it with others.

How do you advocate with colleagues who don’t understand the importance of diversity and inclusion?

There are some debates about the best way to advocate for DEI. One branch of thought is to base advocacy on the concept that we should do what is right (and that DEI is right), regardless of any demonstrable benefit. Another branch of thought is that the best way to advocate for DEI is to demonstrate the return on investment, including monetary and other benefits. For me, I feel most effective when I combine the two, and also point to legal requirements that support DEI efforts. There are numerous situations where these three concepts (doing what is right, demonstrating benefit and compliance) can be used to advocate for DEI.

On a more fundamental level, there is a key concept I try to keep in mind when advocating for DEI: there are generally no angels and no demons. Seeking first to understand the other person without vilification is key to advocacy, though this might be the most challenging element.

How does your diversity influence the area of law you practice or the way in which you practice?

Without a doubt, I believe my background and experiences make me a better lawyer for my client. My colleagues have conversations with me that they otherwise might not. I hear and see things in people and interactions that others might not. I bring a unique perspective to our team. My employer/client believes in and uses a collaborative approach. The presence of my voice and other diverse voices in the decision-making process yields a more thoughtful, more robust, and more inclusive debate that yields a better result for my client.

How has a failure, or apparent failure, set you up for later success?

There are about a million failures/mistakes that I could mention here, but the one I think may resonate the most for young lawyers relates to the first 5 years of my practice. I worked at a medium-sized law firm and then left that firm with a subset of those attorneys to start another law firm. I was the only associate at that firm, and it was hard work. It was also lonely. I didn’t have any mentors, confidants, advocates, or even peers at the firm. I was the only attorney who wasn’t white, and there were only 2 other women attorneys. Much of my work was assigned to me by the partners and I was left to sink or swim and figure it out on my own — sometimes I swam, sometimes I sank. I wasn’t paid well, I didn’t enjoy it, and I didn’t particularly excel. I didn’t feel like I belonged — in private practice specifically, and I thought maybe as a lawyer in general. I had achieved my goal — to get a job as a lawyer — but it felt like a failure. I had not developed a professional work support system and wasn’t able to honestly discuss my challenges with anyone.

After 5 years, when deciding whether to make private practice my career, I was pretty sure it wasn’t for me. I was lucky that my current employer was looking for in-house counsel, because now I have my dream job. Had I not gone through the challenge of private practice, I wouldn’t have set myself up for success at my current role. I have excelled in this role partly because I now have the lessons I learned from those first 5 years, and I know when/how/who to ask for support, help, and advice. I mention this to show that you can go through challenges, even with inappropriate happenings, and come through it better prepared for success.

In the last five years, what new belief, behavior, or habit has most improved your life?

I started dating my sweet boyfriend, Simeon, almost 7 years ago.  Over that time, I have found a better work-life balance as I carve out time to spend with him. Before that, I worked too many hours and neglected my personal time. Achieving a better balance has improved my quality of life significantly.

What motivates you to be a diversity advocate/champion in the legal profession?

I don’t know that I can call myself a champion — I just try to do the next right thing. Then the next right thing. Then the next. Reach out to the next person to see if I can help. Support the next event. Let organizations know that I can be a resource. Tell outside counsel who represent my client how important their DEI efforts are; remind them; remind them again. Sing the praises of good diverse attorneys to everyone (including the firm leadership) — ask for them to handle my client’s matters. Participate on panels. Listen to other panelists I admire. Buy the books. Share the research. Answer the questions.  Reach out to Native attorneys and law school students.

I suppose my motivation for doing these things is that so many, many, many people have poured themselves into me as teachers, mentors, and trailblazers that I am just hoping to repay that debt to some measure. I also feel a such a strong connection to my family, my tribe, and my community that I invest that connection into other Natives and lawyers and law school students.

In what ways can the legal profession become more inclusive for diverse attorneys?

From my perspective, the legal profession is a group of people going to work every day, not some external amorphous entity.  Therefore, I think we all must work to make it more inclusive — to do our part and then some. As an attorney who is starting to age, I’ll just talk about what we can do. Established attorneys have to constructively speak up when there is inequity. We have to include a diverse group of other attorneys in the work we do for our clients — because that will lead to the best outcome for our clients. We have to mentor all attorneys in a way that fosters, builds, and expects an inclusive environment. We have to make sure that diverse attorneys know we are happy they are a member of the bar/firm/organization and that they are welcome. We have to make sure everyone has a seat. We have to make sure young attorneys know the written and unwritten rules by which they and their work is judged. We have to make sure the scales used to judge performance are fair and accessible.  These are individual actions that when strung together will positively impact the profession at large.

What advice would you give to diverse new attorneys or law students?

So much comes to mind!

• As members of diverse populations who may not be well-represented in the legal profession, I think it is easy to feel like you owe it to your family, your community, your tribe, your church, your neighborhood, etc. to be a success story. That is a heavy burden to carry — too heavy. Don’t let others put that burden on you, and don’t put it on yourself.
• It is not your job to distribute karma.
• Reach out to attorneys you are interested in talking with. Yes, it is okay to do it out of the blue. More of them would love to talk to students and young attorneys more than you imagine (if they don’t, you probably don’t want to take their advice anyway). You never know which seeds of connection will sprout and grow.
• In your career — The answer is to do a good job. No matter the circumstances. No matter the challenges. No matter the question. The answer is to do a good job.
• You belong. You are good enough. As a young attorney, your strength is your knowledge of the law — it will be greater (and certainly broader) than many of the more seasoned attorneys you work with. If you pair that knowledge with humility, timeliness, and hard work, you will be an asset to any client/employer.