Thursday, September 2, 2021

It's Time to Stop Overlooking Female Lawyers

 

            I remember the exact day that I found out I had been accepted to Stetson Law and would be able to pursue my dream of becoming a lawyer. And while that memory is clear in my mind, an event that followed has stuck with me even more, and not in a positive way.

            I had been talking with an acquaintance about my recent acceptance and was sharing my joy when he said, “well you’re too nice to be a lawyer, plus that’s a male dominated profession.” I may only be 5’ 3”, but that incident got me angry enough to feel like I could defeat a giant with my bare hands.

            Sadly, I am not the first, and certainly will not be the last woman to be told she can’t do something because she’s “not a man.” Despite the numerous hurdles overcome, a profession where gender inequality is still extremely prevalent is the legal profession. I encountered many sexist and misogynistic comments when I served as a Records Clerk at a law firm that ranged from “women belong in the kitchen,” and “well it’s understandable that you’re emotional since you’re a woman.” What’s worse, I witnessed the male lawyers speaking the same way about the female lawyers in the office when they were out of earshot.

            If you think that my experiences are rare, and that it may be different for a law student than an actual lawyer, let me share a few anecdotes from Marcie:

  • -          "I have been practicing law for 25 years and in the early years I would often be mistaken as the court reporter, when I appeared for depositions, simply because I am a woman.   Sadly, this still happens upon occasion."
  • -          "When I was the managing partner of a law firm 16 years ago, and the firm was buying the building, the banker always called my male partner with any questions, even though I was the one he needed to speak with.  Needless to say, I no longer use that bank for my business. " 
  • -          "Prejudices run deep in everyone and Women have to fight hard to overcome them, at the same time performing a balancing act not to be seen as “angry”.   Men are aggressive and women are “B-----y” even though they may assert the same legal position."

            The legal world was shaken with appointments of Janet Reno as the first female Attorney General, and Sandra Day O’Connor as the first female Supreme Court justice. Finally, women were being given the opportunity to make their mark on the legal world. We now have three female Supreme Court justices, many female governors and attorneys general, and our country’s first female Vice President. I look forward to seeing the United States elect its first female President and I cannot wait to see what the women of my generation and those after me do. But the struggle continues for women, even to this day.

            Women are beginning to outnumber men in terms of law school attendance. As of 2020, the percent of female students and faculty at Stetson is 54.1%. Of the 11 law professors I have had so far, 7 of them were women. While this may seem like a step in the right direction, the higher percentage of women does not carry over to careers post-law school.

            According to the 2020 census, women lawyers only made up for 37.4% of all lawyers nationwide. How can these disparities be explained?

  • 1.)    Women are leaving the legal profession at an alarmingly fast rate. This is due to a number of factors, such as child-rearing/lack of support and resources, dealing with sexism, and being looked over for promotions simply for being female.
  • 2.)    The American Bar Association states that by age 50, only 27% of lawyers are female, due to lack of diversity and inclusion, pay inequality, and inability to rise to higher job titles that men easily attain.
  • 3.)    Female lawyers have reported having fewer networking opportunities as well as having their male counterparts being given more desirable/noteworthy case assignments.
  • 4.)    What’s more appalling is that this happens even at the highest levels of our Justice System. The ABA reports, “The male justices on the United States Supreme Court interrupt the female justices three times as often as they interrupt each other during oral argument -- 65.9% of all interruptions on the Court were directed at women justices.” 


So, how do we begin to overcome these hurdles and break down barriers? Articles by Forbes and by the Harvard Businesses Review illustrate just a few ways:

      -Implement bias training. Unconscious bias can have a harmful effect on how women are treated in the workplace, and implementing a system to help recognize these biases will help people to understand and begin to address the gender inequality in their workplace.

      -Ensure that the law firm fosters a culture where economic growth and inclusive opportunities are linked through engaged leadership and transparent systems.

      -Take seriously reports of sexual harassment. Instead of brushing the accusations off, firms need to evaluate each report and determine the proper punishment/reprimand. Everyone, women especially, deserve to have their voices and concerns heard no matter how uncomfortable the situation. Doing so will help prevent them leaving the career, if they know they have a support system where their concerns can be heard and addressed.

      -Stop the narrative that women are “too nice” “can’t handle the workload,” and are “too emotional.” I know several women who I would gladly have in my corner because they are some of the hardest working, passionate people that I know. Those ideas are antiquated and simply untrue.

I am incredibly lucky to have strong female mentors both in law school, the workplace, at home, and beyond. I would not be the woman that I am today without them. But I know that others are not so lucky and are often left wondering if they are cut out to become a lawyer.

At the end of the day, we have to stop dividing the world into male and female lawyers. Lawyer is sufficient. We all went through the same training, schooling, and hard work, sweat, and tears, and each and every one of us is more than deserving of that title. In reality, we need to stop with the separation of male and female in ALL professions. The fight for gender equality is more of a marathon than a sprint, but it is my hope that we never stop fighting to achieve that equality that so many women before us dedicated their lives to fighting for.

***The thoughts and opinions in this blog are entirely my own. I have included referenced sources below.***

 

Sources: https://www.forbes.com/sites/kimelsesser/2018/10/01/female-lawyers-face-widespread-gender-bias-according-to-new-study/?sh=2f9bec714b55

https://www.americanbar.org/groups/business_law/publications/committee_newsletters/bcl/2019/201902/fa_7/

https://hbr.org/2013/08/solving-the-law-firm-gender-ga

https://www.ilrg.com/rankings/law/view/100

https://www.statista.com/statistics/1086790/share-lawyers-united-states-gender/

 

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