Women Lawyers--Back on Track

Gender gap narrows as female partner count increases 30% from 2006 total

From the Brits comes--um--good news, I guess. Via Legalweek.com comes an article that discusses a minor increase in women partners, excerpts of which appear below:

UK law firms have moved to open up their partnerships to female lawyers during the last year, according to the latest annual statistical report by the Law Society.

The report found the total number of female partners in England and Wales increased by nearly 30% over the 12-month period ending 31 July, 2007. Female lawyers now make up 23.5% of all private practice partners, with the number of women partners hitting 7,420 - up from 5,727 female partners in England and Wales the previous year.

The survey findings represent a marked change on last year, when the results showed a decline in the number of female partners.

However, despite the increase, men still dominate law firm partnerships. Not only do they make up 76.5% of law firm partners, but almost half of all male lawyers are partners - in contrast with only 22% of women.

The discrepancy comes despite the fact that women make up more than 43% of all solicitors with practising certificates. That figure looks set to increase in the future, with women last year making up 61.5% of all registered trainees.

(T)he increase in female partners reflected the efforts firms have been making to improve work-life balance for lawyers and encourage flexible working, therefore making it easier for women with families to become partners...

Commenting on the findings, Howard Morris, chief executive at Denton Wilde Sapte, said: “In the City it is harder to make partner, but it is a strong market. Partnership is not [necessarily] the goal. We have people who are partner candidates but do not want the job because of life goals.”

Face Time in the WiFi Age

Via New York Lawyer comes an article from a Texas BigLaw partner (ok, maybe it's not "BigLaw", but it's a large law firm--I actually have no idea which firms are "BigLaw" and which aren't--and, frankly, I could care less) about face time and technological advancements: Face Time in the WiFi Age.

Take this one with a grain of salt, y'all.  You've got to consider the source--a big law firm. 

And, I bet you can already tell which way the wind blows on this one.  Yep.  You got it.  Technology means you should always be available, but face time sure as hell ain't dead.  Not even close. 

So, the moral of the story, according to BigLaw: don't skimp on the face time and you'd better check your Crackberry often and frequently.  And, never turn the damn thing off.

From the article:

It is imperative that new associates be present in the office during normal business hours so they can meet other lawyers, obtain work and start forming relationships. If an associate is not sitting in her office when a partner comes by to give an assignment, the partner will move on to the next associate. This will not only adversely affect the amount of work the associate receives, but when she becomes eligible to make partner, she will not have made the connections necessary to support her application...

(E)ven lawyers in small firms think after-hours face time is beneficial, and there is a rationale for this...In essence, partners must know that associates are hard workers who are accessible days, nights and weekends if necessary. This may sound ominous to new associates, but it does not mean they should come in on weekends or stay late at night just to surf the Internet and push paper. Associates should be smart about how they use their after-hours face time in the office. A good rule of thumb is to take cues from the partner with whom the associate works. An associate should strive to get to the office five minutes before the partner arrives and leave shortly after the partner leaves at night. If an associate is working on a project with a particular partner and is aware that the partner will be in the office over the weekend, the associate should be sure to show up at the office as well and offer assistance. At the least, when something the associate is working on is time-sensitive, he should always offer to stay late or help on weekends to get it finished. The partner may not need the assistance, but at least the partner knows the associate is dedicated and willing to work hard...

(V)irtual face time should never be used as a consistent substitute for after-hours office face time, especially if the partner will be in the office working on the same project and might need assistance. Being physically present in the office allows the partner to give feedback to the associate about the project and any special instructions. This is frustrating to do through e-mails and multiple telephone calls if an associate is working remotely. In essence, being physically present in the office allows an associate to better serve the partner with whom he works...

At a minimum, the associate's BlackBerry should be checked a few times a day, and she should respond as necessary. Simply disappearing is never an option, unless it is a honeymoon or funeral. If unexpected and time-sensitive work arrives, the associate should attempt to make himself available to work, if at all possible. Obviously, the ability to work will depend on the associate's location, but showing a willingness to work — even on vacation — will create a lasting impression.

Maternity leaves key to retain women lawyers

Via Law.com, comes an article entitled Maternity leaves key to retain women: report.  This one is once again from our Canadian friends across the border. 

While it seems like this conclusion would be fairly obvious to any member of the human species, apparently, judging from the results reported at Above the Law, as included in last week's round up, apparently BigLaw, home to the "best and "brightest" of the legal profession hasn't quite figured this out yet.  And, sadly, most other legal employers are in the same boat as BigLaw--clueless and unwilling to change.

From the article:

Paid maternity leaves and a pool of lawyers capable of filling in during the leaves are among proposals advanced by a working group that has been looking at how to stem an exodus of female lawyers from the profession.

Co-chaired by Law Society of Upper Canada (LSUC) benchers Laurie Pawlitza and Bonnie Warkentin, the 15-lawyer group advised the law society’s February Convocation that while women have been entering the profession in record numbers, they have also been leaving private practice “in droves"...

In a “consultation paper” submitted to Convocation, the working group made nine recommendations, one of which was that LSUC implement a three-year pilot project for firms with more than 25 lawyers and the two largest firms in each region “in which firms commit to adopting programs for the retention and advancement of women.”

The firms would be asked to make commitments in three main areas: providing maternity/parental leaves and flexible work arrangements; encouraging networking and business development, and “mentoring and appointing women in leadership roles.”

Noting that the pilot project would be the first of its kind in Canada, the working group predicted it would “lead the way for innovative systemic change in the legal profession"...

Specifically, the working group proposed development of an online Women’s Resource Centre, with tools and information focusing on issues related to women’s advancement, such as tips on practice management and building a professional profile; maintaining profitability while raising a family; model maternity and flexible arrangement policies and guidelines; networking opportunities; individual coaching opportunities for women, and information on effective mentoring for women, including how to seek out mentors.

Life as a Lawyer and a Mom

Prior to becoming a lawyer, I didn't give the idea of motherhood much thought.  In fact, marriage wasn't even on my radar, and even more removed was the idea of inviting a couple of demanding mini-me's into my life.

All I ever really wanted to do was litigate.  I figured that if I had kids, I'd "deal with all that stuff" when the  time came.  Cross that bridge when I came to it, right?  It sounded good at the time.

But I was short sighted.  I failed to plan for the possibility that my uterus might actually perform its function, or, at the very least, life might throw me some sort of curve ball. 

I spent the first half of my life methodically planning and creating a strong foundation for the first few years of my life as a litigator, but failed to consider that my perspective might change following my marriage to a man diagnosed just three weeks before our wedding with testicular cancer.

Not surprisingly, that diagnosis changed me.  It changed everything. 

I'd met the man I loved and was going to live happily ever after, as both a lawyer and "wife", much as that term annoyed me.  Maybe we'd have kids, too.  Who knew?

And then, on that fateful day in April 1998, he was diagnosed with testicular cancer.  If he survived, there was a good chance that we would face fertility issues.  Fertility issues, of all things, when I wasn't even sure I wanted kids.  And, he might die.  Although, we were assured, his particular cancer was "quite curable."  We were supposed to feel good about that. 

I tried to feel hopeful, but found myself sobbing every morning on the way to work as I was stuck in rush hour traffic, seemingly unable to think of nothing else but the horrible cancer in his body that was ruining my marriage before it even began. 

I still wonder what the people stuck in the cars next to me must have thought.  I was truly a sorry sight during those commutes.

Once at work, I was fine, though.  My demanding schedule as an assistant public defender kept my mind more than occupied during the day, for the most part.  Although I must admit that on occasion, such as when a client earnestly explained to me that they'd been unable to perform their community service because it had rained on that particular day and they couldn't get their hair wet, I felt like screaming:  "Wet hair?  This judge is going to re-sentence your earnest ass to jail!  Rain?  C'mon!  Give me something better to work with!  Like how about 'My husband has cancer so I couldn't make it to work?'  But wait a minute, my husband does have cancer and is puking daily and losing half his weight as we speak, and yet, here I am, at work listening to stupid excuses like yours!"

But, then I'd take a deep breath, count to 10 and try to act like I cared about the client's stupid re-sentencing.  Which, I really didn't think was stupid under normal circumstances, but had a hard time feeling otherwise at the time.  I suppose it was understandable.  But, maybe not.  I guess it all depends on your perspective.

Which is kind of where I was planning to go with this post.  Perspective.

As you can see, from the title, I'd planned to write about something else entirely, but the issue of life as a lawyer/mom will have to wait for another day, I suppose.

Suffice to say that my husband's cancer diagnosis, and later, a career move that turned out to be incompatible with my particular constitution caused me to one day experience a sudden and unexpected need to leave my genetic footprint on the world.  Twice.

NYSBA Journal Commentary

On p. 52 of the February 2008 NYSBA Journal appears the following, which I drafted on behalf of NYSBA Gender Equity Task Force Commission, of which I am a member.

While my fellow committee members assisted me in editing the final work product, the body of the commentary was drafted by me and was to be attributed to me, but for some reason, that didn't occur.

In any event, the commentary is relevant to my readers, and I'll be posting it here and at my Sui Generis blog.

Now, without further ado, here it is:

*****

Historically, legal employers have been steadfastly and notoriously reluctant to change the way business "has always been done" despite a growing outcry from associate attorneys struggling to balance their professional and personal lives. "It will affect our bottom line" is the oft-repeated refrain, offered to justify employers' resistance to altering the traditional workplace structure.

Requests for flexible work schedules, more varied networking opportunities, and alternate methods of determining compensation have generally been ignored, or granted in theory, but not enforced in practice. As the ranks of entry-level attorneys became increasingly more diverse, and women represent over 50% of the attorneys in the "pipeline" of new graduates, the refusal to consider such requests for change has disparately impacted women and minority attorneys. The predictable result has been a dramatic under-representation of women in the partnership ranks and the exodus of women and minorities from the profession altogether.

In recent years, as Generation “X” and “Y” law graduates have entered the workforce in increasing numbers, attrition rates have skyrocketed, as has the corollary cost of recruiting and training new lawyers to replace those who leave in search of greener pastures.

The reason for this phenomenon is simple: the values and traditional lifestyles of those at the top of the legal field contrast starkly with those of recent law graduates, both men and women. Yet, the economic impact of the high associate turnover alone has been insufficient to cause legal employers to re-evaluate the way that things have always been done. Over the past year, however, the economic impact of their failure to adapt to changing times has been brought home to legal employers, as their long-time corporate clients demand more diverse legal teams reflective of their own organizations. At last, the potential loss of these core clients, combined with the increased costs associated with high attrition rates, has caused many employers to sit up and take notice. Those poised at the upper echelons of the legal field would be well advised to embrace change – and take advantage of the newfound flexibility offered by technologic advancements. Rather than seeking ways in which to avoid complying with clients' demands for diversity, perhaps it is high time to re-evaluate whether the inflexible workplace environment is due for a major overhaul. Your clients will be satisfied, your associate attorneys will be newly content, thus reducing the costs created by high attrition rates, and your profit margins will increase. Turn your clients' request on its head and you might just realize that their demand for diversity doesn't create a new problem, it solves an existing one.

What Everyone Else Is Saying

Here's what others around the blogosphere had to say about women lawyers:

The good

• From JD Bliss comes this interesting post about the rising importance of work/life balance to lawyers of both genders:  Work-life Balance: Helping Law Firms Recruit the Lawyers they Want

• An interesting podcast/videocast from Lewis and Clark Law School. "In this podcast, the Women’s Law Caucus hosts the annual Family Life Work Balance Panel. The panel will include a range of working parents who will be able to provide suggestions, insight, and guidance on navigating legal careers and balancing family life."

• Via the Research Digest Blog, we learn that when it comes to lawyers, Childless women are the most productive staff of all, study finds

The bad

• The  sad state of maternity leave in many BigLaw firms--even worse are some of the comments that follow this Above the Law post.

The ugly

• Via Quizlaw comes a report of a blawger with a severe Napoleanic complex.

• Some of the obnoxious comments following this Above the Law post which ponders the advisability of lawyers dating lawyers.

• Learn all about the damage caused to your feet by high heels over at Ms. JD: Wonder what damage your high heels are doing?

Study: Gender gap in law students' goals

Via the Daily Trojan comes this article:  Study: Gender gap in law students' goals.  The gist of the article is that more men entering law school aspire to enter politics than the women.  One wonders if the media's coverage of women politicians has anything to do with the disparity.

From the article:

More men than women who apply to law schools nationwide intend to run for political office, according to a December survey conducted by Kaplan Test Prep.

Forty-two percent of surveyed students reported they would "definitely" or "probably" run for political office in the future. Fifty-two percent of men surveyed gave this response compared to 34 percent of women.

Despite the disparity in political aspirations, almost equal numbers of men and women attend law school.

Litigating As A Woman Attorney--It's Quite The Balancing Act

From the archives of our sister blog, Sui Generis, comes the following post:

I recently came across a great article from the American Lawyer via Law.com entitled: Obstacle Course--To make it in the male-dominated world of litigation, women have to break through old stereotypes to build top-tier practices. 

The article discusses the challenges faced by female litigators--both inside and outside the courtroom. Inside the courtroom, women litigators confront "subtle gender expectations":

(F)emale litigators...are in a unique bind. They're expected to attend to all of the details of running a case; and yet, to advance their careers, they must resist becoming the stereotype of the "pleasing" female. They're expected to be tough advocates for their clients, but not too tough, lest judges or opposing counsel call them the dreaded b-word. Many balance the long and unpredictable hours of litigation with family responsibilities, but many also feel they must work harder than men to prove that they are serious about getting the good assignments, and eventually the prize of partnership. They must consider the implications of every gesture, from bringing coffee to mentioning child care problems.

(W)omen today still face reminders that the playing field isn't level in or outside of the courtroom. Assistant U.S. attorney Ruemmler remembers an elevator ride with one defense lawyer in the 2004 Enron Nigerian barge trial who said to her: "While we're picking the jury, why don't you go get us some sandwiches?" Ruemmler, 35, was one of three lead prosecutors. ..

Outside the courtroom, women litigators juggle the demands of family with their highly demanding area of practice:

For women struggling to balance the demands of work and family, litigation presents many challenges. By definition, litigators work on companies' most pressing matters. Clients want to reach them 24/7, and it's hard to lobby for the largest cases if you try to draw hard lines on your personal and family time. Plus, travel is routine, and shifting court schedules guarantee unpredictable hours.

It's a schedule that doesn't mix well with family or a life outside the office. Of course, litigators who are fathers also struggle with finding this balance. But the burden of family responsibilities still falls disproportionately on women, many say. And the years leading up to the brass ring of partnership often converge with women's prime childbearing years. ...

Litigators aren't just balancing the demands of their own clients; they must also devote time to finding new ones. Most firms today demand that partners generate significant business. But the traditional modes of winning business from the male-dominated corporate boardrooms-dinners, weekend social outings, rounds of golf-are additional demands on time that are hard for those with families to meet.

I thought that this article raised some excellent points and its analysis of the issues that women litigators confront on a daily basis was spot on. Litigation has always been the area of law that I enjoy the most.  I love the thrill of picking a jury and find the adrenalin rush (after rush after rush) of trial to be exhilarating.  Some of my fondest memories as an attorney occurred during jury trials.

Catching a witness in an outright lie during cross-examination is particularly rewarding.  Even more rewarding was the not guilty verdicts that followed in record time after successful cross-examinations of complainants and cops.  I love trying cases--always have, always will.

And yet.  And yet.  I have a family--a husband and young children whom I actually enjoy spending time with on a daily basis.  Little children who are growing up so fast--so quickly.  And, I love watching them grow.  I love watching their minds develop--their little personalities emerge.  I love them more than life itself, and unfortunately, I can't say the same about about litigation.   I enjoy it and it's in my blood, but I can live without it--for now.

So, research and writing it is (edited to add that my practice has now expanded).  And, it's good thing.  I've always enjoyed and excelled at that aspect of practice--almost as much as I enjoy litigating.   But, the call of the courtroom is ever present.  I'll hold it at bay for now.  But, in the immortal words of Arnold Schwarzenegger:  I'll be back.

You can count on it.

Closing the LSAT gender gap

Is the LSAT biased toward the way that men think?  According to this article from the Daily Pennsylvanian, that may very well be the case.

From the article:

LSAT scores are often the most important aspect of a law school application, but people seem oblivious to the fact that men receive significantly higher LSAT scores than women.

Numerous news articles have bemoaned the decline of the number of women enrolling in law school over the past five years, blaming the dwindling number of female attendees on a slew of factors. Most blame a corporate legal culture that restricts family and personal time.

Yet these articles discount one critical fact: the percentage of women taking the LSAT during this same period has remained roughly static, and is higher than the percentage of women in law school. In 2005-2006, 49.08 percent of people taking the LSAT were female, while this year, law school is only 46.9 percent female...

Upon analyzing the data from the Law School Admissions Council for 2001-2006, I found the percentage of women who score in the top percentile of test takers - the select students scoring 175 or above - is roughly a third of a percent. Around three-fourths of a percent of males scored in the same category.

Using this measure, women finally outpace men in scores below 150 - a score lower than at least 75 percent of those admitted to each Tier 1 and 2 school...While I couldn't obtain law school GPAs, I could find undergraduate ones.

When comparing test-takers' LSAT scores and undergraduate GPAs, I found that women had higher GPAs for each of the past five years. Interestingly, while male and female GPAs both increased over the past five years, LSAT scores did not. The mean male LSAT score increased from 152.7 to 154, while the mean female LSAT score only increased from 151.1 to 151.5, making the differences greater in recent years.

I don't believe the correlation between greater gender differences and decreasing female enrollment is pure coincidence. I recently took the LSAT, and if my score hadn't met my expectations, I wouldn't have applied to law school. And I don't think I'm unusual.

With the media ignoring gender differences in the LSAT, women assume their individual performance - and not the system - is the problem...

Gender differences alone may not account for the decline of women enrolling in law school, but it is a factor that needs studying.

Based on my limited knowledge of neurological differences between men and women, my guess is that the LSAT emphasizes skills where men tend to have a natural advantage, such as certain spatial tasks, and deemphasizes skills where women tend to have stronger ability, such as short-term memory.

Work/Life Balance CLE

On March 3, 2008 at 5:30 pm, what appears to be a very interesting seminar will be held at Suffolk University Law School in Boston.  It's called "To Opt In or Opt Out--That is the Question."

The following issues will be covered:

• How to approach career decisions relating to work-life balance
• How the legal profession is adapting to address work-life balance
• How much law firms should do to accommodate an attorney's need for work-life balance
• The perceived or real need to leave large firm practice for a smaller firm or go solo to achieve work-life balance !Whether solo and small firm practice provides work-life balance
• How the work-life balance trend towards gender neutrality will affect the future of the legal profession

Further information can be found here.