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The Woman Lawyer Problem

By Stephanie Stenberg posted 05-27-2015 14:52

  

I’m a lawyer, but I no longer practice law. Luckily, working at ICLE lets me research and write, network with the best lawyers around, and keeps me up to speed with the latest legal developments. I am grateful that I can still use my J.D. while I try to balance my career with caring for my (seemingly perpetually sick) four-year-old and one-and-a-half-year-old.

I’m not alone. Although women make up half of law school graduates, they leave the practice of law in much greater numbers than men do. The National Association of Women Lawyers (NAWL) and the NAWL Foundation’s Annual Survey on Retention and Promotion of Women in Law Firms, released in February of 2014, has some startling statistics about women and the practice of law in large firms. The survey was sent to the 200 largest law firms in the United States, asking about each firm as of February 1, 2013.

Not many women make it to equity partner. At the nation’s largest 200 firms, 47% of associates are women, but only 17% of women are equity partners. In the same firms, 64% of the staff attorneys (the lowest position) are female.

Firms think they know why women leave. When asked to name the biggest obstacle to retaining women associates, 38% of firms cited work-life balance issues, 22% said lack of business development, and 13% said lack of women leaders or mentors.

To close the pay gap, women need to be part of firm leadership. The pay gap between men and women equity partners closes when a firm has two or more women on its highest governing committee or its compensation committee. “In firms without that level of gender representation on these key committees, the compensation gap is much wider: women equity partners earn somewhere between 85% and 89% of male equity partners’ compensation.”

The question the survey doesn’t answer is whether these women leave the law entirely or whether they continue to practice in solo or small firms. If the trend is for women to leave the field entirely, everyone in the equation loses. Her firm loses a lawyer in whom it has invested considerable training and resources. Junior lawyers lose a potential mentor. Clients are hurt when they lose “their” lawyer. However, I am hopeful that, as firms focus more on addressing work-life balance issues, placing women in firm leadership positions, and providing mentorship opportunities, fewer women will leave the practice of law.

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06-09-2015 13:44

Thanks for your comments, Kristi and Amy! Kristi, I agree that these issues are not germane to Big Law. I love hearing your thoughts, and I'll definitely look for that YWCA report!

06-05-2015 18:25

I really appreciate your comment Kristi! Your thoughts seem like it would be great for your own blog on this topic. And Stephanie, thanks for your blog post on this topic.

06-04-2015 11:40

Wonderful post, Stephanie, thank you.
In 2012, the YWCA Great Lakes Bay Region published a report entitled the "Economic Status of Women in the GLB Region." We're using the data collected in the report as a baseline, and to continually seek ways to elevate women from poverty and empower women through improved health & wellness, education and career opportunities, increased participation in politics, and reduced exposure to crime and violence. What I've noticed through my intimate involvement in this conversation is that there are aspects of the wage gap and the women's equality issue, in all fields, that we are not willing to put in writing. We'll talk about them in small groups or behind closed doors, though, where we feel we can trust each other. We're not supposed to admit that there are real differences between men and women that play a part in the ways we professionally manifest our strengths and weaknesses and that might - just maybe - be legitimate reasons for women's choice to leave the active practice of Big Law (and other traditionally male-dominated professions).
More than a few women lawyers I talk to say they hate the competitiveness, gamesmanship, and adversarial nature of private practice; the attitudes of opposing counsel, abusive clients, and disgruntled court staff. I, like you, enjoy the intellectual challenge, the continuous learning opportunity, research and writing, strategizing, and networking with other intelligent, passionate advocates. But even in "Small Law" there are things about private practice that are wholly disturbing and, perhaps even more significantly, fail to provide a sense of purpose for me in my work. I would be willing to guess that all intelligent women, more than men, need a true guiding sense of purpose in their daily lives. I would risk a generalization that women, more than men, need to accomplish projects, GET STUFF DONE, and private law practice is simply plagued with too much obstructionism and bureaucracy for women to feel satisfactory accomplishments. The bullying - a very real, gender-neutral thing in our practice - isn't worth it. I'd also ask this question: how many women lawyers say that their keen, accurate sense of intuition is ignored at work, leading to a feeling of inadequacy and loss of self-worth?
Perhaps our feminine strengths - I'm not afraid to put a gender label on them - really can be employed more effectively in places other than Big Law or private practice in general. Non-profits, hospitals, education, government - what about the satisfaction of women lawyers in those jobs? Work-life balance is not the only issue. A passionate, intelligent woman - a women lawyer - will sacrifice her family time if it means doing something she truly believes is useful and meaningful in her work. We will gladly work long, late hours, weekends, holidays, if it means doing something important for our clients or our communities. There is an altruistic craving that comes from knowing what we know about the justice system and that craving is rarely satiated.
But the qualitative part of this conversation is not measurable in statistics and it is too scary to think that further inquiry might result in the admission that women really are different than our male counterparts. Are the surveys asking the "right" questions? Is it really a "good" goal to try to elevate more women to equity partner in Big Firms? Or can more women better serve the needs of the legal world by using their talents in other places? Who are we to judge the unique decisions of other women professionals? Is statistical "equality" even something we should be seeking to achieve? Let’s stop using statistics as a measuring stick, and bring the real questions out in the open. Let’s make the conversation more holistic and maybe then we’ll see what really needs to change in the legal profession.