“Just as man cannot live without dreams, he cannot live without hope. If dreams reflect the past, hope summons the future.”
Today’s legal news outlets are full of conflicting information about the state of women in the law. On the one hand, there are reports about law firms adopting policies to promote women, and, on the other hand, there are reports that female partner promotions are plunging in the UK, which gives us pause to wonder when that particular trend will hit the US.
There also are reports of gender pay gaps among in-house counsel, with women lawyers drawing the short straws, and the number of law suits by women law firm partners alleging pay discrimination is on the rise. (For more information on gender pay equity, see my blog from earlier this year and read my comprehensive article on the subject in the DC Women’s Bar newsletter that is cited in the blog.)
What to do? It is a serious question for all of you to contemplate. It may be time to consider your options.
I have been writing and speaking on subjects related to women lawyers for the last decade. Along the way, I have tried to keep the faith that right will prevail and that, with increased visibility, women will receive the equal treatment they are entitled to in the law profession. I surely know that women lawyers are very qualified and represent great value to the profession, so it follows that they should be treated equally and fairly. For me it was just a matter of time and shedding greater light on the issues.
But, I am not naive. I founded the Best Friends at the Bar project because of the lack of progress on retention and advancement of women in the law, and, over the years, I have been struck by the continued slow progress and the unfair treatment that has accompanied it, and I fear that past is prologue. So, today, I take a little different view.
Today, I tell women lawyers to band together to safeguard their futures– not only within the law firm but also outside of the law firm. Perhaps at another law firm — one that they band together to form. A place where they will respect each other and the individual circumstances that challenge each of them. A place where they will help each other to prevail against those challenges with the confidence that a professionally satisfied lawyer is a lasting lawyer.
Women-owned law firms are becoming more and more prevalent, and, according to this recent article, an organization has been formed to help women lawyers in this endeavor. Read the interview of Nicole Galli, who left Big Law to form her own women-owned law firm and now helps guide other women lawyers in their own similar pursuits.
Do not despair over weak statistics and slow progress. That is not worth your time. What is worth your time is planning for your future. So, just do it!
Whether it is “success on your own terms,” as some have called it, or “personal definitions of success,” as I call it in the Best Friends at the Bar book series, all efforts by women lawyers to find the right balance for satisfying and lasting careers should be dignified. I learned all about this as I evolved through the women’s liberation and feminist years as a practicing lawyer with no children to the 1980’s when my children arrived and challenged my creativity as a professional.
I understand how important all of these phases of development for women have been. I acknowledge the work of the feminists, and I understand how critical they were to our journey to the independence we enjoy today. However, I also recognize that the male definitions of success that were embraced by those early pioneers have not worked for many women with home and family responsibilities, and defining ourselves in terms of male models has been, for many women, like setting ourselves up for failure.
At the same time, I acknowledge and applaud the women who have the support systems for keeping their homes and raising their children that allow them to aspire to the corner offices without interruption in their careers. We need those women to attain the critical mass of women in leadership and management positions to positively affect policies for women in the workplace. But, we are not all those women. I certainly was not, and I had to reinvent myself many times in my role as a lawyer, wife and mother over the course of my long career, and that is why the Best Friends at the Bar project is so important to me.
The overriding truth in all of this is that we need to get away from any models of success that do not fit our circumstances, and we need to create personal definitions of success that work for us at different times in our lives. Those definitions will change, just as our profiles change as we move through the various phases of motherhood, child rearing, parental care and other personal life issues. Fortunately, there are a multitude of practice choices to fit our needs at the various stages of our lives. In my book Best Friends at the Bar: The New Balance for Today’s Woman Lawyer (Wolters Kluwer/Aspen Publishers, 2012) I explore these various practice models through profiles of women who have successfully moved from one to another. Take a look and find yourself in those pages.
Be strong and chart your own course. Have the courage to pursue a path that may be unique to you and only you and the confidence to know that you will find a way to make it work. Do not be deterred by the opinions and judgments of others. They do not walk in your shoes, and many of them do not share your values.
Stay true to yourself, and you will be rewarded by the pride of knowing that your choices are yours, your successes are yours, and your rewards are yours. You have to own your careers and your futures.
“Life is not a problem to be solved but, rather, a mystery to be lived.”
The progress on maternity leave for lawyers has been significant in recent history, and more and more women lawyers are benefiting from law firm policies that are slowly coming into the 21st Century. It is not surprising that the needs of mothers, who actually carry and give birth to the babies, should be the initial focus of parental leave, but the needs of the fathers are finally getting attention, as well. Firms like Winston and Strawn and Orrick, that give both mothers and fathers up to 20 and 22 weeks of paid leave, respectively, are leading the way. Orrick’s policy is based on identification as the “primary care giver” but also gives up to 9 months of leave to that lawyer. Consider this in contrast to the federal Family and Medical Leave Act that requires businesses with 50 or more employees to give 12 weeks of unpaid leave to either a mother or father after the birth or adoption of a child. For more information on how the US compares to other countries on family leave, see my former blog addressing those issues.
This progress on parental leave is a big deal. The expansion of parental leave to men not only will benefit male lawyers, but it will benefit families — meaning it also will benefit women. That is the way it is supposed to work.
According to a recent article in Am Law Daily, men are not only seeing progress on paternity leave at their law firms but they also are looking for opportunities to contribute to the post-birth care taking. And, they are making a list and checking it twice of firms that “talk the talk but do not walk the walk.” Unfortunately, it has become clear that, even though some firms have developed parental leave policies to include male lawyers, senior management still has not embraced the concept and can be judgmental about men taking advantage of the policies. The associated stigma can have lasting effects on career advancement in some of these firms. The law profession attracts ambitious lawyers, and the threat of such stigmas is powerful and includes concerns about “commitment” to the practice. That dreaded C-word. Women lawyer/moms know all about it.
We need to celebrate the progress we are seeing. Statistics cited in the article show that, on average, law firms offer 15 weeks of maternity leave and seven weeks of paternity leave and that mothers take an average of 14 weeks off, while fathers take an average of four weeks. These averages likely will increase, and men are now reporting experiences similar to those of their female colleagues, who found it more comfortable to take leave after other women in their firms had forged the way.
Here’s how one male lawyer quoted in the article described his experience: “There are a number of other attorneys here who are fathers, and it was helpful to know they had all taken paternity leave and had really encouraged me to absolutely take advantage of it. It wasn’t like you should think about whether you would take paternity leave. It wasn’t like I was worried about if I should take paternity leave. There was no hemming and hawing over it — it was a given.“
At the same time, however, we must recognize that it is not all about firms doing “the right thing.” It rarely is. It also is about attracting and retaining top talent. Firms finally are understanding what has been a theme of Best Friends at the Bar for a decade — that it is good business to retain and advance the talent of the best young lawyers — many of them women lawyers.
And that is what we all should hope for. Keep your eye on this issue.
How casual is your summer workplace wardrobe?
I have been asking this question for most of the ten years that Best Friends at the Bar has been in existence. If you don’t believe me, check out Chapter 5 in Best Friends at the Bar: What Women Need to Know about a Career in the Law (Wolters Kluwer/Aspen Publishers, 2009) or this blog and this blog.
I remember interviewing a law school dean of career services for my first book and seeing her frustration at being called by law firm managers about the flip flops and cut off jeans showing up in their offices on casual Friday. She most often was asked why she was not counseling these young women better about the expectations of law firms. Apparently she was, but they were not listening.
That was a decade ago, but it appears that young women lawyers still may not be listening. Proof is that Vivia Chen of “The Careerist” is now asking that same question in a recent article for The American Lawyer. And we all know that she knows a thing or two about the legal business — from top to bottom. No pun intended — but “tops” and “bottoms” are definitely central to the discussion of appropriate attire for the legal work space.
Before you dismiss this as unimportant to your budding future — or a violation of one of your constitutional rights — consider that a recent survey conducted by Seyfarth Shaw, as reported in the article, shows that 50 percent of the over 400 law firm managers surveyed reported “discomfort” when dealing with employees wearing “overly revealing/casual summer clothing.” You should understand by now that making a superior “uncomfortable” is not a good idea. To be sure, senior lawyers, as compared to you more hip young lawyers, tend to be more concerned about the trend toward more casual workplaces. However, their performance reviews should be taken very seriously. So, make sure you know the firm’s culture when it comes to attire before you arrive in flip flops and cutoffs.
It is simple, really. Proper attire for the professional workplace is not weather dependent. That is why God invented layers. It may be 90 degrees on the street, but workplaces have plenty of AC. There is no need for flip-flops and tank tops from 9 to 7, and you can shed that jacket or sweater if you dare head outside for lunch. That doesn’t mean that you have to wear the dreaded panty hose, and it allows for open-toe sandals. There is a lot that you can get away with to beat the heat. But, be smart about it. If you see one eyebrow raise, re-assess. It is all about your future.
The number of gender bias law suits and gender bias complaints against law firms is on the rise, based on this article in AmLaw Daily, which quotes David Sanford, the chairman of Sanford Heisler Sharp, who represents most of the plaintiffs in the current lawsuits. Sanford also has represented countless other women lawyers in complaints against their law firms based on unequal opportunities and unequal pay as compared to their male colleagues.
Most of you probably have read at least something about the current law suits, but there is more that may come as a surprise to you. What you may not know is that the higher you climb in a law firm, the more likely you are to encounter gender bias. Just because you are experiencing what you believe is equal treatment as an associate or a non-equity partner, you should not be lulled into a state of complacency. Here is how it is described in the article:
“When it comes to large law firms, gender disparities tend to heighten as lawyers move up the ranks. Although [Sanford] has seen instances of woman associates receiving lower bonuses than men, the lockstep approach that most firms use to set the base salaries for associates can put a check on differences in pay at that level. But higher up the chain, employment conditions for lawyers often depend heavily on decisions made at the top of the firm. Firm leaders, for instance, decide whether to make a particular lawyer a partner. And they have control over compensation, deciding how bonuses are administered or which partners receive credit for originating a matter.“
“We see the differences arise at those key moments of discretionary authority,” Sanford said. “And that discretion is typically administered by males.“
This is a major focus of Best Friends at the Bar, and I address these issues in my programs on effective leadership for women lawyers at law firms, law schools and law organizations throughout the country. Appropriate use of the “discretionary authority” that Sanford talks about is a key component of effective leadership in law firms. My writing and speaking on these subjects, including in my book, Best Friends at the Bar: Top-Down Leadership for Women Lawyers (Wolters Kluwer Law & Business/Aspen Publishers, 2015), is full of examples of leadership behavior that screams implicit gender bias — and often comes as a big surprise to the male lawyers in the audiences. In fact, after they acknowledge how “clueless” they are about the impact of this negative behavior, those lawyers begin to ask for more advice on how to turn negative behavior into positive leadership for the benefit of women lawyers and the firm.
That is when the real progress happens, and I love being a part of the transformation.
Does your law firm need this kind of candid discussion about gender bias? Or do the leaders in your law firm want to remain clueless and vulnerable? Do they want to continue to lose talent due to disregard and the convenience of complacency or do they want to take responsibility and become the effective leaders they can be?
Contact me to get your firm on the road to recovery from gender bias. You will be glad you did.