Women Lawyers--Back on Track

Law Firms' New Partners Still Mostly Male

The Project for Attorney Retention just released the results of a 4 year study which charted the percentage of women making partnership in BigLaw.  There's a nifty chart in the study results, should you care to take a peek.

Not surprisingly, women didn't fare all that well.  How depressing.

From the study:

For some time now, we have known that the lack of women in leadership positions at law firms is not a pipeline issue.  Women have been graduating from law schools at a rate of 40% or higher since 1985 and entering private practice at the same rate as their male counterparts – 70% – during that time...We collected promotion statistics for a total of 77 law firms representing a variety of sizes and locations.  We chose these firms based on inclusion in prior years’ surveys, firm size, reputation and availability of information.  We also combined the new information with the data that we had collected in previous years so that, for the first time, we could see whether a particular firm has made strides or slipped over the past four years...

At a dozen firms, 50% or more of the new partners were women...

At many firms, between a third and a half of the partners promoted this year were women...

However, other firms are seriously lagging behind...

Some of the most interesting information can be found by examining the trends for individual law firms.  For instance, in all but one of the past four partnership classes at Crowell & Moring women have been 50% or more of the firm’s new partners.  Likewise, women have been 40% or more of the new partners in the past three partnership classes at Cadwalader.  DLA Piper has had three years of steady but moderate progress followed this year by a substantial increase to 54%.  In two of the three previous partnership classes at Ropes & Gray, women have been more than a third of the new partners and the firm this year was one of the path-breakers with 70% of its new partners being women.  In contrast, at Edwards Angell Palmer & Dodge, the percentage of women promoted to partner has steadily decreased in each of the last three years  (30% in 2006, 20% in 2007, and 11% in 2008).  And at some firms such as Akin Gump, Fried Frank, and Vinson & Elkins, women have been virtually absent from all of the past four partnership classes.

The Progress of Women Lawyers at Big Firms: Steadied or Simply Studied?

From Ms. JD I learned of the following Fordham Law School Law Review article:  The Progress of Women Lawyers at Big Firms: Steadied or Simply Studied?  The conclusions were predictable and, for the most part, depressing. 

Women lawyers earn less than men. 

Women lawyers still represent substantially less than half of those at the top of the legal hierarchy, although the numbers have improved ever so slightly since 1988, the year that I graduated from high school and naively believed that the world was my oyster despite the fact that,  through no fault of my own, I possessed a uterus.

Oh, the silly fallacies of youth.

From the article:

I turn first to private practice, the setting where many lawyers choose to begin their careers.  Back in 1988, law schools were near the end of a twenty-year trajectory that saw women’s enrollment increase by an astounding 850%.6  This escalation promised rapid progress toward gender parity within the profession as a whole, presumably with large firms at the helm, as this newly populous generation of women lawyers rose through the ranks.

This was not to be the case.  Whatever the precise percentages, statistics for the past ten to fifteen years show that the nation’s law schools produce a relatively equal number of qualified male and female attorneys and that, though firms generally hire women associates in numbers correlative to the talent pool,7 women do not reach partnership at the same rate as men...

What has changed?  For one, “women’s issues” as defined in the 1980s are now increasingly gender neutral.  For another, firms are responding to increased pressure to show results in their diversity efforts, at the risk of diminished status within rankings and other external measures of firm standing and prestige—and at the risk of losing fresh talent and even clients.

What has not changed?  Three issues that were the focus of much criticism twenty years ago regrettably still linger:  the persistence of gender stereotypes, the resistance to flexible work arrangements, and the use of the billable hours economic model.  Given the breathtaking scientific, technological, and cultural advances of the past twenty years, does it not seem that greater progress should have been made?...

The 1988 ABA Commission on Women in the Profession report identified “subtle barriers” to advancement of women in the profession.70  Women perceived that they had to “work harder, do better and make fewer mistakes” to achieve the same degree of respect as men, and were “treated with a presumption of incompetence” that they had to overcome whereas men were treated with a presumption of competence “overcome only after numerous significant mistakes.”71  Men, the report found, “perceive fewer problems of discrimination, and . . . are more likely to regard the issues that greatly disturb women in the profession as silly or trivial"...

(W)hile my focus remains on women—and hopefully the substantial number of senior women lawyers in firms today can be especially helpful in preparing newer lawyers for the bumps in the road—in truth these issues increasingly have become genderless life issues, offering a special incentive for men as well as women to seek out solutions. 

Productive legal careers these days may go on for four or more decades.  Surely ways can be found to navigate a particularly challenging period that typically falls at the mid- associate level, enabling women to later enjoy their families as well as leadership in their firms, in the profession, on the bench, and in public life.

(emphasis added).

True dat.

 

Law Firms Opening Up to the Idea of Attorney Re-Entry

Via Law.com comes this article: Law Firms Opening Up to the Idea of Attorney Re-Entry.  It's nice to hear, but it's a bit depressing that a) it's taken this long and b) it's news.

From the article:

By and large, however, women who want to take off more than one year often sacrifice whatever job security they have to do so. When they want to return, they face a host of formidable challenges, say industry observers.

The most significant is simply convincing a law firm to hire them even though they veered off the conventional linear law firm up-or-out path. In addition, many who left before the technological revolution worry about their computer skills. Further, re-entering lawyers also must come to grips with psycho-social factors, most significantly the fact that they're older than their fellow associates while their contemporaries are their bosses.

The ranks of women seeking to re-enter the practice of law have grown large enough that law schools and other groups are now addressing the issue. Pace Law School and University of California, Hastings College of the Law, have started programs aimed at helping attorneys return to practice after lengthy absences. Additionally, the New York City Bar recently kicked off a re-entry initiative aimed at assisting people who left the profession and are considering returning.

For firms looking to increase the ranks of women partners, reaching out to former employees is seen as one way of potentially recruiting experienced female lawyers. Some law firms have been mulling programs aimed at connecting with ex-employees since at least 2005, when a Harvard Business Review article about women in the workplace suggested that companies should maintain ties with off-ramped employees through alumni programs...

Marks also tells women to reach out to their contacts and tell as many as possible what they're looking for. "People want to help other people," Marks says. "People love to feel that they made a difference in somebody's lives."

She also advises women who want to work at specific law firms to propose working as an independent contractor on a short-term basis. "Once they get to know you, they feel comfortable hiring you," she says...

Whether they're gone for months or years, women lawyers say that maintaining contact with colleagues is crucial. "Even if it's just on an informal basis, you need to keep in touch with people," says Janice Mac Avoy, who took off five months from her position as a partner in the litigation department of Fried, Frank, Harris, Shriver & Jacobson after her second child was born in 2001. "They don't mean to, but they could forget about you.

LSUC targets female exodus

This article from Lawtimes.com, once again from our astute  across the border, details a creative attempt to slow down the exodus of women attorneys from the legal profession. 

A few excerpts:

For as little as $15 a year from each member, the Law Society of Upper Canada could make it easier for female lawyers to remain in the profession while balancing family demands, says a report from the retention of women in private practice working group...

The report includes two potentially groundbreaking proposals: the creation of a parental-leave program for sole and small-firm practitioners that would give recipients up to $9,000 over three months, and a locum service that would keep practices running while lawyers are on parental leave...

The report outlines some of the challenges female lawyers face. It notes that the demands of a career in law often clash with family life, and that conflict is the biggest reason why lawyers leave the profession. Childbirth and parenting responsibilities are the most pressing challenges for females.  Women now represent 50 per cent or more of law school graduates in Ontario, according to the report.

In 2001, women represented about 51 per cent of Ontario’s population, while female lawyers at that time made up 32 per cent of the legal profession and 24 per cent of lawyers in private practice. Women currently represent 37 per cent of the legal profession and 28 per cent of the lawyers in private practice, according to the report...

“A shift in thinking is required both on the part of associates and on the part of the employers/firms,” says the report. “This shift would recognize the biological reality of an associate’s child-bearing years, for which some accommodation is required, the long-term nature of a career in private practice, and the economic realities of operating a law firm.”

Firms participating in the Justicia Pilot Project will be asked to collect demographic information about their lawyers and develop pilot programs, such as maternity/parental leaves and flexible work arrangements; encouraging networking and business development; and mentoring and appointing women to leadership positions...

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.

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.

Legal Bits and Bytes--The Many Benenfits of a Remote Office

In this video I discuss how a remote office/flexible work schedule can actually be beneficial for both the employee and the employer in times of illness. And, just to clarify my goals in creating these videos--I try to do them in one take and interruptions in the form of people smaller than myself, aka my offspring, occassionally occur. So, for example, when I appear to "shush" the camera in this video, rest assured, that's not the case!

Workplace Discrimination--Hitting the Maternal Wall

From Law.com comes this intriguing article regarding a cause of action for discrimination based on the decision to procreate, Workplace Discrimination: Hitting the 'Maternal Wall'.  An excerpt:

You've heard about the glass ceiling.

Welcome to the maternal wall.

Some labor attorneys in Florida say a lot of women are walking into their offices saying they are victims of workplace discrimination in family care-giving matters.

Maternal and care-giving discrimination comes in all flavors: outright termination because a mother cares for her sick or disabled child; derailing an employee on track for a promotion after she gets married or creating a hostile workplace environment for pregnant employees.

Men can find their careers reach dead ends if they take a larger role in child-rearing as well, the Equal Employment Opportunity Commission said in a report last year.

There is also the issue of elder care as many baby boomers find themselves taking care of those who once diapered them.