Brewer, Krause, Brooks, Chastain & Burrow, PLLC · Other private schools: Yes. Cumberland University School of Law and Vanderbilt University. Public state schools: Yes. University

Law Firm Diversity Profile

Brewer, Krause, Brooks, Chastain & Burrow, PLLC

Response to Spring 2010 Vault/MCCA Law Firm Diversity Survey. Complete survey results available in Law Firm Diversity Database(http://mcca.vault.com). Copyright © 2010 Vault.com Inc. and Minority Corporate Counsel Association, Inc. All rights reserved.


611 Commerce StreetSuite 2600Nashville, TN 37203Phone: 615 256-8787Fax: 615 256-8985bkblaw.com

Locations611 Commerce Street, Suite 2600, Nashville, TN 37203

Diversity LeadershipHead(s) of Firm: Gary A. Brewer, Member; Kent E. Krause, Member; W. Bryan Brooks, Member; Parks T. Chastain, Member; D. BrettBurrow, Member; Glen L. Krause, Member; Dianne M. Schwartz, Member; Gordon C. Aulgur, MemberDiversity team leader(s): Parks T. Chastain, Member; Gary A. Brewer, Member; Dianne M. Schwartz, Member

Number of Attorneys as of March 2010Firmwide: 13U.S. offices only: 13




Law Firm Demographic Profile

Does your firm have more than one tier of partnership?No

ASSOCIATES (2009) SUMMER ASSOCIATES (2009)

Men Women Men WomenWhite/Caucasian 3 1 White/Caucasian 0 0

African-American/Black 0 0 African-American/Black 0 0Hispanic/Latino 0 0 Hispanic/Latino 0 0

Alaska Native/American Indian 0 0 Alaska Native/American Indian 0 0Asian 0 0 Asian 0 0

Native Hawaiian/Pacific Islander 0 0 Native Hawaiian/Pacific Islander 0 0Multiracial 0 0 Multiracial 0 0

Openly GLBT 0 0 Openly GLBT 0 0Attorneys with disabilities 0 0 Attorneys with disabilities 0 0

Total 3 1 Total 0 0

EQUITY PARTNERS (2009) NON-EQUITY PARTNERS (2009)

Men Women Men WomenWhite/Caucasian 7 1 White/Caucasian n/a n/a

African-American/Black 0 0 African-American/Black n/a n/aHispanic/Latino 0 0 Hispanic/Latino n/a n/a

Alaska Native/American Indian 0 0 Alaska Native/American Indian n/a n/aAsian 0 0 Asian n/a n/a

Native Hawaiian/Pacific Islander 0 0 Native Hawaiian/Pacific Islander n/a n/aMultiracial 0 0 Multiracial n/a n/a

Openly GLBT 0 0 Openly GLBT n/a n/aAttorneys with disabilities 0 0 Attorneys with disabilities n/a n/a

Total 7 1 Total n/a n/a

OF COUNSEL (2009) NEW HIRES (2009)






Total 0 0 Total 1 0




Strategic Plan and Diversity Leadership

How does the firm's leadership communicate the importance of diversity to everyone at the firm?Meetings

Who has primary responsibility for leading diversity initiatives at your firm?Parks T. Chastain

Does your law firm currently have a diversity committee?Yes

If yes, does the committee's representation include one or more members of the firm's management/executive committee (or equivalent)?Yes

If yes, how many attorneys are on the committee, and in 2009, what was the total number of hours collectively spent by the committee inthe furtherance of the firm's diversity initiatives?Total attorneys on committee: 3Total hours spent on diversity: [No response]Comments: We do not track this as a separate time activity.

Does the committee and/or diversity leader establish and set goals or objectives consistent with management's priorities?Yes

We discuss hiring vision, participate in minority job fairs and ways to attract minority candidates.

Has the firm undertaken a formal or informal diversity program or set of initiatives aimed at increasing the diversity of the firm?Yes

If yes, is it formal or informal?

Informal

How often does the firm's management review the firm's diversity progress/results?When management determines there is a need to hire.

How is the firm's diversity committee and/or firm management held accountable for achieving results?By reporting to Members of the firm.

Is your firm minority-owned or women-owned?No




Law Firm Diversity Initiatives

INITIATIVES FOR ALL DIVERSE ATTORNEYS

AlreadyCompleted

CurrentlyAddressing

Not a CurrentPriority

X I Undertake communication from firm management that diversity is a top priority of the firm

X I I I Formalize diversity plan and committee with action steps and accountability to management

X I I I Conduct firmwide diversity training for all attorneys and staff

X I I I Focus on strengthening firm's mentoring program

I I X I Conduct internal diversity needs assessment (e.g., culture and environment surveys) and/orretain diversity consultant to examine how firm culture might be more welcoming of minorities

I I X I Support law firm's internal affinity networks

I I X I Hire a director of diversity or other full-time professional to implement the firm's diversity program

X I Coordinate or work with clients on diversity issues

X I Develop/expand relationships with minority bar associations and other legal diversityorganizations to offer firm's support of these networks





INITIATIVES SPECIFICALLY FOR MINORITY ATTORNEYS

AlreadyCompleted

CurrentlyAddressing


I X Increase the number of minority attorneys at the associate level

I X Increase the number of minority attorneys at the partnership level

I X Increase the number of minority attorneys in leadership positions

I X Focus on strengthening firm's mentoring program for minority attorneys

I X Manage/monitor allocation of work assignments and/or hours billed to ensure minority attorneyshave equal access/inclusion on top client matters

I





INITIATIVES SPECIFICALLY FOR WOMEN ATTORNEYS

AlreadyCompleted

CurrentlyAddressing


I X Institute a formal part-time policy that addresses partnership prospects

I X Increase the number of women at the associate level

I X Increase the number of women at the partnership level

I X Increase the number of women in leadership positions

I X Focus on strengthening firm's mentoring program for women

X I Manage/monitor allocation of work assignments and/or hours billed to ensure women haveequal access/inclusion to top client matters

I





INITIATIVES SPECIFICALLY FOR OPENLY GLBT ATTORNEYS

AlreadyCompleted

CurrentlyAddressing


X I Offer same-sex domestic partners the same benefits available to married individuals

I X Increase the number of GLBT attorneys at the associate level

I X Increase the number of GLBT attorneys at the partnership level

I X Increase the number of GLBT attorneys in leadership positions

I X Ensure that EEO and non-discrimination policies specifically address gender identity

I





INITIATIVES SPECIFICALLY FOR ATTORNEYS WITH DISABILITIES

AlreadyCompleted

CurrentlyAddressing


I X Increase the number of attorneys with disabilities at the associate level

I X Increase the number of attorneys with disabilities at the partnership level

I X Increase the number of attorneys with disabilities in leadership positions

X I Ensure that EEO and non-discrimination policies specifically address individuals with disabilities

I




Pipeline Initiatives

Does your firm actively engage in initiatives to feed the diversity pipeline by encouraging minority students to consider law as a careerand/or assisting them in pursuing such opportunities?

Participate in established pipeline programs, such as SEO, Legal Outreach, Prep for Prep or Street Law Fund scholarships for minority high school or college students Mentor high school or college students Participate in or host mock trial programs or career events Provide internships or employment to minority high school or college students Outreach to middle school students

Please discuss any additional efforts to reach out to diverse undergraduates, high school, middle school or grade school students.[No response]




Recruitment - New Associates

Does your firm annually recruit at any of the following types of institutions?Ivy League schools: No

Other private schools: Yes. Cumberland University School of Law and Vanderbilt University.

Public state schools: Yes. University of Kentucky, University of Tennessee, University of Memphis and University of Louisville.

Historically Black Colleges and Universities (HBCUs): No.

Diversity job fairs: Yes.

Do you have any special outreach efforts directed to encourage minority law students to consider your firm?

Hold a reception for minority students Advertise in minority law student association publications Participate in or host minority law student job fairs Sponsor minority law student association events Firm lawyers participate on career panels at schools Outreach to leadership of minority student organizations Scholarships or intern/fellowships for minority students Other (please specify)

Do you have any programs specifically targeted at first-year students?We do not employ first-year students.




Recruitment - New Associates

ALL 2L SUMMER ASSOCIATES (2009) OFFERS MADE* (2009)*Summer associates who received an offer of full-time employment






Total 0 0 Total 0 0

OFFERS ACCEPTED* (2009) NEITHER ACCEPTED NOR DECLINED* (2009)

*Summer associates who accepted an offer of full-time employment*Summer associates who neither accepted nor declined an offer of full-timeemployment because of postgraduate clerkship/fellowship






Total 0 0 Total 0 0




Recruitment - Lateral Associates and Partners

LATERAL ASSOCIATE HIRES (2009) LATERAL OF COUNSEL HIRES (2009)






Total 0 0 Total 0 0

LATERAL PARTNER HIRES (2009) NEW PARTNERS PROMOTED (2009)*Both equity and non-equity *Both equity and non-equity promoted from associate or of counsel rank






Total 0 0 Total 1 0

NEW EQUITY PARTNERS* (2009)*Whether hired laterally or promoted from within

Men WomenWhite/Caucasian 1 0

African-American/Black 0 0Hispanic/Latino 0 0

Alaska Native/American Indian 0 0Asian 0 0

Native Hawaiian/Pacific Islander 0 0Multiracial 0 0

Openly GLBT 0 0Attorneys with disabilities 0 0

Total 1 0




Recruitment - Lateral Associates and Partners

What activities does the firm undertake to attract diverse attorneys?

Partner programs with women, minority, gay/lesbian or disability-focused bar associations Participate at diversity job fairs Attend events at diversity legal organizations Seek referrals from other attorneys Utilize online job services (e.g., MCCA Job Bank) Hire recruiting professional who specializes in identifying diverse candidates Other (please specify)

Do you use executive recruiting/search firms to seek to identify new diversity hires (partners or associates)?No

If yes, are any of these executive recruiting/search firms women and/or minority-owned?Not applicable

If yes, list all women and/or minority-owned executive search/recruiting firms to which the firm paid a fee for placement services in thepast 12 months:Not applicable




Retention and Professional Development

A T T O R N E Y S W H O L E F T T H E F I R M I N 2 0 0 9

1ST-YEAR ASSOCIATES 2ND-YEAR ASSOCIATES






Total 0 0 Total 0 1Because of economic downturn in insurer industry and loss of a majorinsurer, which went to in-house counsel, we had to dismiss the last twoassociates hired based upon hire date (one was dismissed Sept '08). Thesewere two female associates, one of whom was African-American.

3RD-YEAR ASSOCIATES 4TH-YEAR ASSOCIATES






Total 0 0 Total 0 0

5TH-YEAR ASSOCIATES 6TH-YEAR ASSOCIATES






Total 0 0 Total 0 0





A T T O R N E Y S W H O L E F T T H E F I R M I N 2 0 0 9

7TH-YEAR ASSOCIATES 8TH-YEAR PLUS ASSOCIATES






Total 0 0 Total 0 0

OF COUNSEL NON-EQUITY PARTNERS





Openly GLBT 0 0 Openly GLBT 0 0Attorneys with disabilities n/a n/a Attorneys with disabilities 0 0

Total 0 0 Total 0 0

EQUITY PARTNERS






Total 0 0





Please identify the specific steps you are taking to reduce the attrition rate of diverse attorneys.

Develop and/or support internal employee affinity groups (e.g., networks within the firm for minorities, women, gay/lesbian attorneys, or attorneys withdisabilities or physical challenges)

Increase/review compensation relative to competition Increase/improve current work/life programs Adopt dispute resolution process Succession plan includes emphasis on diversity and greater inclusion of non-white men and women in firm leadership Work with diverse attorneys to develop career advancement plans Introduce diverse attorneys to key clients, including to lead engagements Review work assignments and hours billed to key client matters to make sure diverse attorneys, particulary non-white attorneys (i.e., minority attorneys, for

whom research indicates a greater inclusion problem), are not being excluded: Strengthen mentoring program for all attorneys Professional skills development program for all attorneys Provide a gender-neutral parental leave policy that covers adoptions Other (please specify)

Does your firm have part-time/flex-time policies that permit attorneys (male or female) to work alternative schedules?No

What impact, if any, will the decision to work part time have on an attorney's ability to make a partner, or if already a partner, to remain apartner at your firm?A firm our size cannot handle a part-time Member.

How many current equity partners have worked part time, exclusive of maternity/paternity leave or short-term disability?0





PART-TIME ATTORNEYS PART-TIME ATTORNEYS TOTAL NUMBER OF ATTORNEYS(2009) Men Women Total (full and part-time)

Associates 0 0 0 4Of counsel 0 0 0 0Non-equity partner 0 0 0 0Equity partner 0 0 0 8




Management Demographic Profile

F I R M W I D E C O M M I T T E E S 2 0 0 9

EXECUTIVE/MANAGEMENT COMMITTEE* HIRING COMMITTEE**Attorneys on the Executive/ Management Committee or equivalent *Attorneys on the Hiring Committee or equivalent






Total 7 1 Total 0 0None constituted during 2009

PARTNER REVIEW COMMITTEE* ASSOCIATE REVIEW COMMITTEE**Attorneys on the Partner Review Committee or equivalent *Attorneys on the Associate Review Committee or equivalent






Total 7 1 Total 7 1

ATTORNEYS ON THE DIVERSITY COMMITTEE OR EQUIVALENT






Total 2 1




Management Demographic Profile

O T H E R L E A D E R S H I P R O L E S 2 0 0 9

Practice group/ CommitteeLeadership positions (2009) U.S. office heads department leaders leadersTotal number of positions 0 0 0Number of such positions held by:Minorities 0 0 0Women 0 0 0GLBT attorneys 0 0 0Attorneys with disabilities 0 0 0




Management Demographic ProfilePlease provide information regarding all diverse attorneys who currently (as of March 2010) headed offices, practicegroups and committees. Enter responses in the following format: Attorney, Office location/Practice group/Committee(No. of attorneys in office/practice group/committee).

U.S. OFFICE HEADSHow many offices does your firm have in the United States? 1

Minorities heading offices: 0

Women heading offices: 0

GLBT attorneys heading offices: 0

Attorneys with disabilities heading offices: 0

PRACTICE GROUP/DEPARTMENT LEADERSMinorities heading practices: 0

Women heading practices: 0

GLBT attorneys heading practices: 0

Attorneys with disabilities heading practices: 0

COMMITTEE LEADERSMinorities heading committees: 0. See narrative.

Women heading committees: 0

GLBT attorneys heading committees: 0

Attorneys with disabilities heading committees: 0




The Firm Says

We appreciate and welcome the opportunity to participate in the Vault Survey. As we discussed initially, our firm is a very small firm (13 attorneys).Consequently, many of the questions contained in the survey were not applicable. We also felt that we needed to explain our firm structure, so that theresponses to some of the questions could be properly understood.

Our firm focuses primarily upon insurance defense representation. The legal field in this area has been constricting in the last several years, and our area ofthe country has sustained a severe economic downturn in terms of legal services. This is reflected in several of the responses to survey questions herein.

Questions have been posed about standing committees. Because of our size, most decisions are made by the membership in its entirety, as opposed to thedecision of any committee or committees. We do maintain a standing diversity committee, and well as an Employment Practices Committee (for purposes ofhandling any workers compensation or harassment claims).

Our diversity committee is involved in educating associates during our eight hour associate training seminar as to the legal requirements for discrimination andharassment, as well as the necessity of recognizing diversity in the workplace. The members of this committee are also responsible for assisting in hiring byfocusing on consideration of employment candidates and in the placement of employment advertisements and participation in legal symposia. For instance,members of the committee monitor the symposia which are available and, when hiring needs arise, communicate that to the members of the hiring committee,asking that the hiring committee participate in those symposia.

We do not hire on any regular basis (and certainly not annually), but rather based on need. When a position is vacated, or the addition of a position appearseconomically justifiable, a hiring committee is created specifically to staff that position. Constituency of any hiring committee is dependent upon the area ofpractice into which the newly hired attorney would enter. For instance, if the need was in the field of workers compensation practice, then our hiring committeewould be constituted of those persons who practice in the workers compensation field. However, the hiring committee's steps in locating, interviewing andhiring eligible employees are subject to review by the diversity committee and the firm management as a whole, and the diversity committee has input intoeach decision undertaken by the members of the hiring committee. At the time the hiring committee is constituted, our advertisements go out to the entitiesand organizations reflected in the seminar. As always, the firm's diversity goals are to be considered in the staffing of any position.

The members of our diversity committee do communicate the link between diversity and business success, and we feel that such link is best established whenour firm's diversity is reflective of that of our community and clientele. To that end, we send solicitations to private and public universities, and participate in on-campus interviewing and legal employment symposia if such are available during our hiring search.

Because of our size, we never employ first-year clerks or "summer associates," and seldom employ any "summer associates" at all. Most of the insurancecompanies we represent have guidelines prohibiting such persons from working on cases. We are interested in lateral hires or third-year students whodemonstrate and profess an interest in insurance litigation and understand the rigors that such practice entails.

Each Member of the firm has administrative responsibilities to some extent, and these are allocated proportionately. Accordingly, the firm does not giveproduction or billable hour credit for participation in any committee.

Documents

Brewer, Krause, Brooks, Chastain & Burrow, PLLC · Other private schools: Yes. Cumberland University School of Law and Vanderbilt University. Public state schools: Yes. University