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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

    2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

    3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

    4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

    5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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