Creating change as a game industry lawyer. Part 1: the need for lawyers as DEI leaders1

The video game industry continues to struggle to create an environment that is friendly to diversity, equity, and inclusion (DEI). Despite some progress, it remains unduly burdensome for people from unrepresented backgrounds to break into and thrive within the video game industry. ‘Homophily’, the tendency of members of majority groups to connect more with each other than with minority groups, explains why this lack of diversity is self-sustaining. Because lawyers often touch nearly every part of a client’s business, they are well-positioned to make a positive DEI impact on their game industry clients. The recent trend of more intense legal scrutiny of DEI programs could put even more power into lawyers’ hands. To use that power effectively, game industry lawyers can consider the myriad empirically proven ways that effective DEI can strengthen the client’s business. Further, lawyers should envision themselves as not only advisors but leaders within their industry. As leaders, lawyers can apply their existing skills in strategic thinking to help craft DEI programs in collaboration with other company leaders and other stakeholders within the company.