6 Steps That Can Help Women Advance in Law Firms

Progress has been very slow for women’s advancement in law firms. Why is this the case? As Elizabeth Olson of the New York Times reports, women are

  • Slightly over 50 percent of current law school graduates (and have been for a long time)
  • Under 35 percent of lawyers at law firms
  • Only 20 percent of equity partners, where the highest compensation and best opportunities for leadership exist
Olson cites a recent study by Anne Urda of Law360 that found that “only nine of 300 firms surveyed had a lawyer work force that was 50 percent or more female.” Olson notes that a number of recent gender bias lawsuits have been filed against law firms alleging substantial gender pay disparities and discrimination for either associates or partners, reflecting
  • Substantially lower starting salaries for female associates compared to their male counterparts
  • Promotions for female associates without commensurate pay increases
  • Female partners being excluded from meetings about client matters, not being allowed to pitch to firm clients, and being thwarted in their efforts to assume greater leadership
  • Company tolerance for female partners being targeted for harassment and humiliation by firm leaders and peers
  • Being made nonequity partners rather than equity partners, where the compensation levels are higher and the opportunities for leadership available
Shira A. Scheindlin, a recently retired federal district court judge writes that in her courtroom, it was rare for female lawyers to have a lead role or to speak at all. The talking was done primarily by white men, with women sitting at the counsel table, usually junior and silent, although they were clearly the ones most familiar with the details of the case. In a study that she recently conducted with the New York Bar Association, the gender of the lawyers who primarily spoke in court in 2,800 cases over four months was recorded. Scheindlin found that
  • Women were the lead lawyers for private parties barely 20 percent of the time.
  • Overall, women were lead counsel for only 25 percent of criminal and commercial cases in courtrooms across New York.
Without the opportunity to be in the lead counsel role, women find it hard to advance in law firms. What can be done?  Scheindlin suggests the following:
  1. Clients can demand that their legal teams be diverse.
  2. Law firms can take concrete steps to pay women and men at the same rate for the same work.
  3. Firms can ensure that junior female lawyers participate in the same number of depositions as their male counterparts.
  4. Firms can ensure that every trial team has at least one woman.
  5. Firms can ensure that women are meeting clients at the same rate as men.
  6. Law firms can make sure that bright, aggressive women are given the same opportunities for leadership positions as their equally qualified male colleagues.
These are serious and concrete steps that can remove the barriers to success for women in law firms. Isn’t it about time?   Photo courtesy of Cal Injury Lawyer (CC Public Domain Mark 1.0)]]>

Women and Minorities in Law Firms: The Glacial Pace of Change

Women have enrolled in law school in equal numbers with men in the United States for the last twenty years, and minority enrollment has also steadily increased during this period. Recent studies, compiled into a series of articles by New York Times reporter Elizabeth Olson show both good news and bad news about the current status of women and minorities in law firms. Olson reports good news based on a study by the National Association for Law Placement (NALP). This study shows that women and minorities made small gains in 2016:

  • Women made up 22.13 percent of partners, up from 21.46 percent in 2015.
  • Minorities made up 8.05 percent of partners, up from 7.52 percent the previous year. Of these, 1.81 percent of partners were African Americans.
  • As associates, women held 45 percent of the positions, a slight decrease from 2009 levels. Minorities made up 22.72 percent of associates, up from 19.67 percent in 2009. African Americans made up 4.11 percent of associates, which is below their 2009 level.
  • Disabled lawyers are scarce.
  • Minorities are represented at higher levels among summer associates but are not hired into permanent jobs.
James G. Leipold, executive director of the NALP, notes that these averages mask big discrepancies by law firm size and geography, and these small gains reflect an “incredibly slow pace of change [that] continues to be discouraging.” Why is progress so slow? Research on women lawyers probably holds answers for minority lawyers as well. Olson reports on a study showing that female law students are clustered in law schools with lower rankings. Because jobs with higher wages and long-term job security go to graduates of highly ranked, prestigious law schools, Professor Deborah J. Merritt of Moritz College of Law asserts that “women start at a disadvantage.” Olson also says women are “underrepresented in the higher echelons of law, including the ranks of judges, corporate counsel, law school deans and professors.” The access to these highly ranked law schools is not a level playing field, either.
  • Fewer female college graduates tend to apply to top-ranked law schools, and, when they do, they are less likely to be accepted. Admissions processes at law schools remain murky and lack transparency.
  • Fewer women are enrolled in law schools that claim to place 85 percent of graduates in “gold standard” jobs (full time and long-term).
As noted earlier, the numbers of women and minorities promoted to partner remain low. Olson reports on another study showing that even when women do make partner at large law firms, there is a pay gap of 44 percent between male and female partners. While there are a variety of possibilities for why this discrepancy exists, two seem most likely:
  • There is an “old boys’ network” at play because of connections made at prestigious law schools that result in the hiring firm landing more deals for large accounts.
  • Men are better at receiving credit for originating big cases that impact annual compensation.
In fact, though, many female partners feel that those credits are awarded arbitrarily, often behind closed doors by all-male management committees, and do not accurately represent women’s contributions. Olson reports on three discrimination lawsuits against three different law firms by three different female partners with such claims. In these cases, the female partners complain of pay cuts, demotions, and terminations, even though they were top earners in their firms. I suggest we watch for the resolution of these gender-bias cases for Kerrie L. Campbell, Traci M. Ribeiro, and Kamee Verdrager. Perhaps these lawsuits will force law firms to change their culture to become more transparent and equitable. Unfortunately, too often it takes a lawsuit to bring about change.     Image courtesy of Rep. Nancy PelosiCC by 2.0.]]>

Stopping Harassment in the Legal Profession: The ABA Takes a Stand

The American Bar Association (ABA) recently passed national standards that prohibit harassment of opposing counsel, witnesses, coworkers, court personnel, and others in the course of practicing law. Elizabeth Olson of the New York Times reports that according to the new standards, “harassment includes sexual harassment and derogatory or demeaning verbal or physical conduct” based on race, religion, sex, disability, age, sexual orientation, or marital or economic status. In a separate article, Olson explains that harassment has long been intentionally used in the legal profession to intimidate or fluster opposing counsel and witnesses as well as to reinforce male-dominated attitudes in the legal profession.  She reports that a recent ABA study found that “stereotypical sexist remarks to female lawyers contribute to their underrepresentation in the legal field.” The study also revealed these statistics:

  • Only 18 percent of partners at top law firms are women.
  • In civil cases, men are three times more likely than women to appear as lead counsel and trial attorneys.
  • In criminal law, men are four times more likely to appear as trial attorneys.
Female lawyers explain that they usually try to ignore sexist and racist comments “for fear of imperiling their careers or being labeled less than a team player”—until they can’t anymore and leave the profession.  These are real concerns, and change will only happen if both male and female lawyers and judges hold offending attorneys accountable with the fines and penalties, such as disbarment, now possible when complaints are made and investigated. The National Association of Female Lawyers, the ABA, and individual male and female attorneys and judges have shown courage and determination in pushing for these national standards.  Let’s celebrate a step in the right direction that has a chance to make the legal profession more welcoming and inclusive for its nondominant members, and the courtroom a place where positive standards of professional conduct are on display.   The image in this post is in the public domain courtesy of David Mark.]]>

A Gender Gap for Female Attorneys: Where Are the Women?

Even though women make up close to half of all law school graduates, Shirley Leung of the Boston Globe notes that a gaping gender gap exists in the legal profession. She speculates that it could be the long hours required by large firms, the male-dominated culture of those firms, or outright discrimination, but “women drop out.” Leung reports that

  • Women comprise only 36 percent of the profession, according to the American Bar Association
  • Only 18 percent of women are equity partners at the largest firms
  • Women earn only 80 percent of the typical equity partner, according to a study done by the National Association of Women Lawyers
  • In high profile cases, women may be on the litigation teams, but they are relegated to roles behind the scenes and do not have speaking parts
Why does this last point matter? Leung cites Kim Dougherty, past president of the Women’s Bar Association, as noting, “getting more women to play big roles in courtrooms increases their chances for advancement, better pay, and opportunities to seek judgeships, which require lead trial experience.” Both Dougherty and Nancy Gertner, a retired federal judge, suggest that judges can impact change from the bench by asking for more gender diversity among attorneys in courtroom proceedings. By setting such policy for their courtrooms, they can open opportunities for women to litigate in lead roles. The judge presiding over the Sumner Redstone case in Boston is a recent example of a judge who “walks his talk.” When only male attorneys spoke for both sides in the opening arguments of the trial, Judge George Phelan commented on the lack of female attorneys. His comment may result in participation by more women lawyers as this case moves forward, but Gertner notes that this will only matter if the women have real speaking roles rather than just cameo appearances. We need more judges like Phelan and Gertner who create fairness and opportunity for all lawyers in their courtrooms.   The image in this post is in the public domain courtesy of Activedia.]]>