Today is Equal Pay Day, which draws attention to a subject that is very important to all women in the workforce.  That includes all women lawyers, of course, so I want you to have the facts you need to protect yourselves and get what you deserve.

As a source for this information, I looked to an article on law.com by Mark Cohen, Chief Strategy Officer and Chairman of the Board of Advisors at Elevate, a law profession consulting entity.  Pay equity can be a complicated subject, so looking at a little history and applying it to the current conditions is not a bad idea.  “Why Does the Gender Wage Gap Persist in Law?” starts with that retrospective and is worth looking at for the history, the data, and opinions on what it will take to make pay equity in the law profession a true reality.

The article also focuses on the irony that the legal profession, responders and protectors of the rule of law, is not a model of equality.  That regrettable fact results from a legal culture that is male-dominated and was designed to serve the interests of men, financially, socially, and inter-generationally.  Although over half of the new lawyers today are women, those numbers do not assure equality in pay, promotion or influence.  Unfortunately, it has not worked out that way.

The article also points out the danger in focusing on some of the good news.  Yes, female managing partners are growing slowly, but it creates “a false positive reading of how female lawyers are faring overall.”  Here are the facts:

• Among the AmLaw 200 firms, women comprise only 4 percent of executive management overall;
• Only 19 percent of all equity partners in law firms are women;
• Only 23 percent of top governing committees in law firms are women;
• Only 28% of promotion and compensation committees in law firms are women;
• The higher the compensation level, the more pay is skewed in favor of men in law firms;
• Full-time female lawyers earn only 77 percent of what male lawyers do in law firms according to the most recent data from the U.S. Census Bureau; AND
• 100 percent of law firms have reported that its highest paid partner is male.

As you can see, there is a long way to go on the road to pay equality between women and men in the legal workspace.  The Equal Pay Act of 1963 that prohibits sex-based wage discrimination cannot be taken for granted.  Neither can the Lilly Ledbetter Fair Pay Act passed more recently in 2009.  And, the bad data is not limited to law firms.  The data for in-house women lawyers also leaves a lot to be desired.

So, where is this going?  The conclusion is that the discrimination against women in the law profession will not stop until the culture of law firms is addressed.  It is the core values of law firms that need examining and correcting.  I have been writing about the culture of greed in law firms for years, and my new book, What Millennial Lawyers Want, examines that culture at greater length as it relates to a new generation of lawyers.  Watch for it this summer.

Mark Cohen’s article ends with this query, “If the legal industry does not commit to end the scourge of its internal discrimination, how can it have standing to do so for others?”

Good question.

Many women were raised to speak only when spoken to.  Maybe you heard that from your mother or your grandmother.  That might have been fine in days gone by, but it has no relevance in today’s world.  Today, women need to learn to speak up and be heard, and that certainly is true of women in a male-dominated profession like law.

It is not sufficient to wait until someone invites your opinion or comment.  You should not be reluctant to express yourself without an invitation as long as you have something relevant to say that will be an asset to the discussion — or at least that YOU think will be an asset to the discussion.

These concerns about women professions being marginalized are not confined to law practice in America, as evidenced by this article from the UK.  Although the article was spurred by the #Metoo movement and its headline effect around the world, the author points out that “it’s the gradual accumulation of the relentless tiny trickles that will wear down the walls of inequality and produce lasting changes.”  I like that.  Well said.  So, how do you become relentless?

The suggestions about making your voice heard in this article are simple yet practical and helpful.  They range from having the courage to acknowledge a lack of knowledge to having a game plan to gain more confidence in speaking.  In the end, they are all about building confidence and building your brand.

Here is a summary of the “4 Ways to Speak Up” — with my own twist on it, as usual:

• Set Speaking Goals for Yourself:  Examples range from saying at least one thing during a meeting to having at least one comment on a draft document to offering to present something of value to your team once a month;
• Prepare Yourself to Add Value:  Doing your homework on what will be discussed is the surest way to having the confidence to speak up.  This is an easy one.  All it takes is preparation;
• Speak Up by Speaking Strong:  Eliminate words of weakness from your vocabulary.  Get rid of phrases like “This may not be correct, but …”, “I don’t know as much about this as you do”, and even “I’m just wondering if … .”  These words make you sound less confident about what you are saying, and saying them will not make what you are saying more right or more relevant.  If you are wrong, you will be wrong with or without the protective weak words.  In fact, it is better to be wrong and assertive than to be wrong and weak;
• Politely Refuse to be Interrupted:  Especially in a male-dominated environment, men always seem to be interrupting women.  The perception is that what they have to say is more important — and they are men and entitled to take and keep the stage.  It is especially difficult to refuse to be interrupted when the interrupter is a senior partner or some other person in a position of power, so it can be a real challenge.  The words you use to assure that you can continue your thought and finish your remarks depend on YOU, your personality and typical demeanor, and what is within your comfort zone.  In all cases, however, be polite and gracious and smile when you are standing your ground.  This is no time for your best impression of a b****.  That will set you back rather than more you forward.

Why is this so important?  Because your supervisors are watching, and so is the client.  Because your colleagues are watching and learning from you.  This is your chance to demonstrate your interest in your work and your potential to be a valuable member of the team and a leader in your firm or organization.  Don’t let the opportunities get away.

Speak up!