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DTCI: Can women in the legal profession really beat the odds?

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dtci-thompson-stacyAlthough the number of women in American law schools is equal to or surpasses the number of men, the number of women climbing the ladder and holding top positions at law firms and corporations is still far less than the number of men. According to the latest survey by the National Association of Women Lawyers, the percentage of women equity partners at the nation’s 200 largest law firms has remained largely unchanged at 15 percent since NAWL began its survey in 2006.

In the April 24, 2013, edition of the Indiana Lawyer, five of the 14 “Up and Coming Lawyers” were women. However, only one of the 15 “Distinguished Barristers” was a woman. When Judy L. Woods, Distinguished Barrister, was asked what bugs her in life or law, she responded, “Persistent prejudice and lack of diversity. We still have a long way to go in law and life before there is gender equality.”

Women have certainly made strides in the legal profession and the workplace at large. In spite of obstacles, some women do reach the top levels. So, what are these obstacles and what does it take to overcome them? What can firms do to retain valuable women attorneys?

Research has shown that the greatest barrier to advancement for women attorneys is the work-family conflict. A woman attorney who is pregnant should never have to hear that the partners in her firm consider her maternity leave the equivalent of a male attorney’s six-week vacation. A woman attorney who is on partnership track should not have to worry that one of the things being considered is whether she is going to have children or more children.

Women often leave law firms because of pressures related to family and workplaces that do not support a balanced life. While some firms talk about the importance of life balance, their actions do not support their words. Although some firms offer a flexible work schedule, choosing such a schedule will hurt the woman’s opportunities for advancement. Many women attorneys think they have to choose between career advancement and family. Others have found no role models in their firm to assure them that they can successfully do both.

In candid conversations, women attorneys who have become partners indicated their success hinged on a team atmosphere, flexible schedules and on having women role models ahead of them as partners in their firm. They emphasized that balancing work and life is very difficult and that anyone who says it is easy to raise a family and have a full-time career is telling less than the truth. These women also demonstrated a can-do attitude and a commitment to resolve the issues of balancing work and personal life. While meeting every need is sometimes impossible, these women continue to find solutions that work for themselves and their families.

Because the majority of law students are now women, law firms face a challenge in retaining and motivating talented women attorneys. If senior partners believe in and value a system based on meritocracy, they will create the conditions that foster such an environment. Law firm management must not only speak gender equality, it must practice it. Firms invest a great deal in new attorney development, and the loss of key talent is a huge expense.

A true meritocracy requires both law firms and individuals to do their parts. Creativity in addressing issues of concern to women will certainly have an effect on a firm’s return on its investment. As the longest practicing woman attorney in Indiana, Phyllis Gratz Poff has been applauded by her peers for the example she has set. With a commitment from the legal community to master the necessary attitudes and skills, the next generation of women attorneys can be fully represented in the top ranks of the legal profession. I certainly can’t imagine that we would all not be better off with a few more like Phyllis Gratz Poff. (Read more about Phyllis Poff online at the Indiana Lawyer's website.

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Stacy Thompson is a partner in Clendening Johnson & Bohrer and is a director of the Defense Trial Counsel of Indiana. The opinions expressed in this article are those of the author.

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  • The new civil rights movement
    John, we do have to move with the times. Here is the new civil rights struggle sister, er, brother, er brister .... http://www.youtube.com/watch?v=sFBOQzSk14c
  • huh?
    I see a lot of women selected for advancement by big law. Not that they aren't qualified, they are usually fantastic. I see a lot of small and solo type women lawyers doing great too. Fussing about gender inequities in law however-- that's yesterday's issue. Funny sounding to those men among us who had law school classes packed 2:1 with ladies. The question is over-wrought however well intentioned. PS men have plenty of choices between career and family too. That is life. You got to have values and allocate your time resources accordingly. People who won't put time into family can whine about the unfairness of it all but they won't have the family their to pay them back once they retire. Some payback on time invested comes in nonpecuniary forms.
  • Kathleen leads us onward
    But John, thanks to Obamacare you can now purchase an insurance plan that will pay for your hysterectomy, so we are making progress.
  • Wishful Thinking
    There will never be gender equality in the legal profession. Male attorneys do not equally share in the benefits of the profession, why would woman expect to do so? As a retired attorney, after practicing Law in California for 30 years, I never expected that I could or would break into the top tier of the profession. That is reserved for the Elite Harvard Graduates (just look at the make up of the Supreme Court) and anyone that thinks they can do so is just kidding themselves. Ironically, for the most part, when I took on a case, it was against a firm dominated by those Elites. You do not last 30 years if you consistently lose cases..:) Coming from a middle class family, and being the first attorney therein, I am proud of my achievements. I made life better for a few people and never surrendered to the status quo, no I'm not rich, but I sleep nights.

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    1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

    2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

    3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

    4. I am sorry to hear this.

    5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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