Why are there so few women “first chairs” at trial?
Why do so few women lead law firms and corporate legal departments?
Why are there so few women practice group leaders?
Does the lack of women in these important positions impact the legal profession?
How can women achieve “first chair” status?
These are just a few of the questions that were discussed at the New Jersey State Bar Association’s Inaugural Forum on Women’s Leadership in the Law on Feb. 12, 2018.
In the first of a series of programs designed to focus on the unique issues facing women in the legal profession, women and men from around the state came together to identify issues and obstacles to the advancement of women in the profession.
The day started with a review of recent research, which illustrates the lack of women in high-level leadership positions in law firms and in first chair positions at trial. For instance, a first of its kind study completed in 2015 by the American Bar Foundation put the problem into sharp relief. There, the researchers reported that a review of sample cases filed in 2013 in the U.S. District Court for the Northern District of Illinois found that men are three times more likely to appear in lead roles than women in civil cases.
A distinguished panel of leaders in the law discussed the findings of the research and provided the audience with suggestions and strategies for climbing the ladder toward leadership. The breadth of experience of the panelists allowed them to provide insights about strategies used by in-house counsel; the efforts even judges can make to allow for more women to be involved in trials; what role mentoring programs should play in law firms and in the organized bar; and a historic perspective on the progress – or lack thereof – women have made in the profession with hard questions about the culpability that even other women have sometimes played a role in limiting opportunities.
The attendees then broke into groups to dig deeper into the identified issues and reported their suggestions and findings to the assembled attendees.The day ended with a keynote by NPR Legal correspondent Nina Totenberg who was interviewed by New Jersey’s own Federal District Court Judge Susan D. Wigenton. Totenberg touched on the women of the Supreme Court as well as the many issues relevant to women that are now before the court.
This white paper summarizes the issues and some of the suggestions that came from the program. The ‘ideas” offered here will be discussed in more detail at a follow up program scheduled for May 16, 2018 at the NJSBA’s Annual Meeting and Convention in Atlantic City. There, as part of the second program of this series, the speakers will focus on putting words into action by providing concrete and practical solutions that can help move more women toward their goal of achieving leadership status in the legal profession and first chair positions at trial .
STAGGERING STATISTICS
The research findings are stark. Seventy-six percent of lead counsel in civil cases are men. Remarkably, in almost sixty percent of civil cases, men are lead counsel for both plaintiff and defendant. Men make up eighty percent of lead counsel representing business litigants. Only eighteen percent of lead counsel in class actions are women. (See First Chairs at Trial, More Women Need Seats at the Table, a research report by the American Bar Foundation and the Commission on Women in the Profession.)
Meanwhile, women comprise just fifteen percent of court-appointed lead counsel in Multi-District Litigation. (See Vying for the Lead in the Boys Club - Sheller Center for Social Justice at Temple University Beasley School of Law.) As the New York State Bar Association found in its November 2017 study “If Not Now, When?”: “The more complex the case, the less likely a woman appeared as lead counsel”.
The research relating to the progress of women in law firms is similarly of great concern. Indeed as reflected in the 2017 Annual NAWL Survey Report on the Promotion and Retention of Women in Law Firms, for over a decade approximately fifty percent of law students nationwide have been women, yet only nineteen percent of the equity partners in the top 200 law firms are women. Little progress has been reported in the advancement of women into equity partnership and the senior most positions in law firms for over a decade.
The distinguished panel of New Jersey Superior Court Judge Karen Cassidy; Magistrate Judge Karen Williams; Michelle Miller, Director of the New Jersey Division of Law; former New Jersey State Bar Association President Lynn Newsome; Ebonee Hamilton Lewis, Assistant General Counsel of Becton Dickinson and Company; Thomas Quinn from Wilson Elser; and H. Glenn Tucker from Greenberg Dauber, Epstein and Tucker explored these complex issues.
They talked about the opportunities presented through government service, finding a niche practice, starting a small firm and becoming an entrepreneur. They discussed how corporate law departments actively seek to embrace diversity in-house, as well as with their outside counsel. They examined how law firms can better embrace diversity of thought, and how our court system and clients could be better served with more women taking on lead roles at trial and in corporate transactions. There was a great deal of discussion about the need for women to take opportunities when they are presented, find the time to network and make meaningful connections, and become a true expert in a particular practice area. Preparation, confidence and ambition were highlighted as traits women need to embrace.
PROPOSING CONCRETE SOLUTIONS
The break-out groups then went to work. Each was tasked to address a specific question, and rather than focus on cataloguing the problem to instead offer concrete solutions that women – and men – in the profession could put into practice. The questions covered the gamut of experience, but all focused on what suggestions could they bring forward to help women climb the ladder to success?
For women in private practice, it was consistently emphasized that efforts need to be made to build credentials and over time to develop business. The groups also suggested the women should do a better job of self-promotion. For instance, women need to announce their successes, promote their expertise, and position themselves as thought leaders, rather than simply reliable workers. Identifying and working with a mentor could help get the word out about career success and expertise. Finding a mentor was viewed to be important for all women lawyers who strive to climb the ladder. Dressing the part and sitting in the power seat were other suggestions from the break-out groups, as women make their journey toward first chair and leadership positions. Writing and speaking were viewed as useful opportunities for self-promotion and building a professional profile.
Strategic networking was also identified as critically important. The groups dismissed the idea of simply attending events with the hope that an opportunity to connect may materialize. Rather, the discussion focused on the need for women lawyers to seek out and take on leadership positions with outside groups such as the county, specialty or state bar associations. Women were encouraged to:
• Become active in a trade or industry organization that relates to the lawyer’s legal specialty;
• Join non-lawyer groups like accounting or real estate professional groups or charity organizations was also suggested; and
• Get involved with the Inns of Court in their area of practice or geographical region. It was also noted that in New Jersey there is a transactional inn, which focuses on corporate and transactional work and which allows more junior lawyers to gain expertise and make connections.
STRATEGIES FOR SUCCESS
For small-firm lawyers, there was much discussion about finding a true niche practice and getting involved in outside organizations which compliment that practice. The break-out groups also suggested that women in smaller firms need to think of other women when they refer matters or recommend co-counsel. The participants also spoke to the value of getting involved with pro bono cases to further develop skills and get much-needed experience in the courtroom.
The groups also drilled down on the need for women to take initiative and to be more aggressive with their career planning and development. The groups focused on the value of “raising your hand” and “stretching for new opportunities.” The thought of sitting back and waiting for someone to help your career along was dismissed as not sustainable. Women lawyers were encouraged to take the initiative, develop their legal and professional skills, network, and in short, make it happen for themselves.
However, this issue is clearly not for women alone to solve. Law firms and law firm management must focus more on the development of their legal talent. It is also essential that there be more formal and informal training so that both men and women can effectively develop their skills. For women, the groups identified that the “culture” of the law firm is very important. It was emphasized that firm culture needs to be established at the top and it needs to embrace diversity and inclusion. The groups suggested this is often the deciding factor when women evaluate whether to stay at a firm. It was also reported that women need to feel valued and important to the mission and the business of the law firm in such a way that their voices are heard and considered in the formation of law firm policies and practices. Based on the discussion at the Forum, there is no doubt that women change jobs and seek out law firm environments where the culture is more conducive to their promotion and where they feel valued and relevant. The issue of origination credit for business development was a related topic of discussion, and participants suggested that law firms need to re-evaluate how business is credited because that often impacts compensation and advancement within the firm and women are often not fairly treated in this regard. It was reported that firms should dig deeper into client origination to determine if women are being taken advantage of by doing substantially all the work but receiving little, if any, credit.
The groups also explored women’s initiatives and affinity groups. Some of these groups in some settings were seen as helpful and important to the advancement ofwomen. However, some of these groups were viewed more negatively. Partipants were in agreement that merely sitting and talking about the problems and issues women face without strategies to improve the situation were not necessarily useful or even productive. It was also agreed that men need to be part of the conversation. In particular,men must be engaged and vested in the advancement of women in law firms and women have a responsibility to seek them out to invite them to join the conversation. The break-out groups felt it was important to start a serious dialogue with men in the legal profession, and especially men in leadership positions. Women were encouraged to reach out and make personal connections with the men in power in their law firms and to share their concerns, frustrations, proposals and suggestions.
ESSENTIAL CULTURE CHANGES
In addition to the culture of law firms, the changing logistics of the way business is conducted was also a part of the discussion, given that there are an exponentially increasing number of ways to stay connected to business affairs from a remote location. While it was acknowledged that firms, government and corporate legal departments offer more flexible work arrangements today, it was also noted that firms need to do even more to provide flexible work arrangements. Many expressed the view that there is sometimes a double standard within the law firm culture when men are rewarded for spending time with family while women are criticized for attending to family obligations. There was also a belief that seeking a flexible work arrangement could stigmatize the women lawyer and hold her back in her career development. Many said more needs to be done to focus on allowing women and men to work in a way that provides flexibility, but also gets the job done for clients, without the fear of stigma or the perception that one is not serious about their career.
Senior lawyers. male and female, were called upon to “step up” and help develop the next generation of trial lawyers and the next generation of law firm leaders. Senior lawyers were encouraged to ask more junior lawyers to attend professional events with them; to introduce them to their colleagues; and to take them to client meetings, even if the time needs to be written off. Senior lawyers also were encouraged to tap junior lawyers for new roles and to provide opportunities for them to develop as lawyers and leaders. For instance, a senior lawyer could recommend a more junior lawyer for a leadership role and mentor that junior lawyer as they take it on. It was emphasized that senior lawyers have an important role to play, in particular, in positioning women lawyers for success in the profession.
Finally, the groups focused on the need for law firms to spend more time teaching women about the business of law and what it really takes to succeed and to reach the top of the profession. Women often do not have formal or informal mentors who share this type of information. The break-out groups suggested that firms would be better served if they could identify high potential women and provide extra professional development and business training to better prepare them for the next level.
CONCLUSION
It is abundantly clear that there is a divide in the way women and men are afforded opportunities to become leaders in the legal profession. It is also clear that women are willing to put in the work, the time, and the mental energy to work toward the goal of true equality. It is up to the profession as a whole to ensure that this equality is achieved.