The ability of women to advance in the legal profession remains grim, and it could get worse as reports suggest women attorneys will suffer more than men attorneys in the wake of the COVID-19 pandemic.
A panel of national thought leaders examined issues specific to women in the profession at the “ABA Study/Women in the Business of Law” program Friday at the 2020 Virtual Annual Meeting. NJSBA Secretary Christine A. Amalfe moderated the discussion.
“There is a stampede out of the profession by the time they get to 50,” said Roberta Liebenberg, a co-author of the American Bar Association’s landmark study “Walking Out the Door.” “It’s death by 1,000 cuts that leads women to leave the profession.”
Research cited by the panelists clearly shows that women still fall short on opportunities and compensation as they progress through the profession. Women had been mistaken for a lower level employee, perceived as less committed to career, denied a salary increase or bonus, viewed as lacking ambition. And there’s a gender pay gap, which increases with seniority, between men and women attorneys. Women of color have suffered even worse, the panelists said.
NJSBA First Vice President Jeralyn L. Lawrence said those statistics felt very personal. She recently founded her own practice after being passed over while at a firm.
“I was overlooked and that was a painful thing to happen,” said Lawrence. “It became crystal clear to me… that it was time for me to go.”
Starting her own firm was about ensuring stability and taking control of her future. It wasn’t easy. She has worked hard to line up financial and other support networks.
“That gave me a sense of freedom,” she said.
The problem is not one that women should be expected to fix, the panelists said.
“We have to rethink, especially in this year where we are all working remotely, what is it that employers should be doing so they can retain a very diverse set of people who are working in the profession. We’ve got to figure out a way to have a very broad array of talent – diverse talent – working in the law,” said Stephanie Scharf, another co-author of the ABA study.
Added past ABA President Paulette Brown: “It is always the responsibility of the people in power to step up.”
The COVID-19 pandemic could present even more hurdles for women attorneys, with children at home and women absorbing added responsibilities to attend to their basic needs all day, every day, as well as online schooling needs, said Liebenberg.
“There are going to be a lot of scary days and it is going to be enhanced during the pandemic. You need to have a village of people to lift to you on the hard days and celebrate your successes,” said Lawrence.