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Writer's pictureJinks Crow
Aug 275 min read

Are we there yet? Equality in the Legal Profession

While serving as the 144th President but also only the third female President of the Alabama State Bar, I focused on bringing more diversity and inclusiveness to the Bar but still was often confronted with how to pave the road for gender equality as I move forward in my career. As one of the few women to have served as President of the Alabama State Bar Association, a leading trial lawyer in Alabama and Georgia, and a managing attorney of a successful law firm with numerous female trial attorneys, my journey has been marked by both victories and challenges.


Because we celebrated Women’s Equality Day this week, I wanted to use this opportunity to reflect on where we are and what the future holds.


graphic image representing women from all walks of life

Before we get to those questions, it may benefit us all to remember why we want women in our law firms and courtrooms.  


The Center for Creative Leadership published the results of a 2017 survey it conducted that determined having more women in the workplace actually makes an organization a better place to work for people of all genders.[1]  A higher percentage of women in the workplace provided:


  • More job satisfaction;

  • More organizational dedication;

  • More meaningful work; and

  • Less burnout.


They also found that having more women in the workplace positively related to employee engagement and retention. People from organizations with a high percentage of women were more likely to cite positive and meaningful organizational culture in their reasons why they remained at their current employment, including:


  • Enjoyable work;

  • A job that fits well with other areas of their life; and

  • Opportunities to make a difference.


These findings were not limited to female co-employees.  Men in workplaces with a higher percentage of women also reported being more satisfied with their job, enjoying their work more, and not feeling as burned out. Companies with more women in leadership positions tend to have better financial performance. According to a study by McKinsey & Company, companies in the top quartile for gender diversity in their leadership teams were 21% more likely than companies in the bottom quartile to experience above-average profitability.[2]


That’s corporate America, though… what about the law? 


The American Bar Association recently published  “In Their Own Words”,[3]  addressing why women are leaving the profession and the effects that has on the profession.  The research accumulated found that, despite women making up more than half of all law school graduates, women only make up approximately 36% of practicing lawyers, 47% of associates, and 24% of partners.  After seven years of law practice, men are two to five times more likely to become partners.[4]  Women equity partners have barely inched up in the past two decades, with partnership rates of women equity partners hovering between 19% and 21%.  Women of color are the most dramatically underrepresented group in law firm partnerships. Women of color represent only 3% of all equity partners and about 5% of all nonequity partners. The representation of women of color in the equity partnership ranks is lower than men of color (3% vs. 6%) notwithstanding the fact that firms have been hiring women of color in greater numbers than men of color since 2009.


Not only are there fewer female lawyers and law partners, but there is also pay disparity between male and female lawyers. The most recent survey released by Major, Lindsey & Africa indicated that male partners make on average 34 percent more than female partners at the largest firms.[5] Similarly, a study of solo lawyers and small firms found that women were less than half as likely as men to make over $250,000/year.[6]


The Women’s Initiative Task Force of the New York State Bar Association, Commercial and Federal Litigation Section wrote a report about gender equality in the courtroom in 2017.[7]The 2017 Report included the results of observational study based on questionnaires completed by state and federal judges throughout New York State that tracked the appearances of women in speaking roles in New York courts during the period September through December. The 2017 Report also compiled statistics on the percentage of women appointed as mediators and arbitrators in alternative dispute resolution.  The 2017 report showed that only about 25% of attorneys in New York who were appearing as lead counsel were women.  The Report received praise from people throughout the State (and country) for bringing attention to the issue of women in the courtroom, was adopted by various organizations throughout the State and was discussed nationally.  Three years later, the task force decided to follow up and see if recognition of this issue led to change.


The answer, in short, is not really.  The 2020 follow up showed that, three years later:


  • Female attorneys represented 26.7% of attorneys appearing in civil and criminal cases across New York, a 1.5% increase in three years.

  • Female attorneys accounted for 25.3% of lead counsel roles and 36.4% of additional counsel roles, a .5% increase for lead counsel roles. Interestingly, women were more likely to be lead counsel when the case involved only one party per side (43%).

  • Women lead attorneys made up 27.5% of appearances in federal  court, contrasted with 23.1% of appearances in state courts.


The American Lawyer has predicted there is an end to the gender disparity in the law. We just have to wait until 2181.[8] 


If not having equal showing in the courtroom wasn’t bad enough, the New York Report also found that 50% of female respondents reported having experienced unwanted sexual conduct at work, compared to only 6% of male respondents; 75% of female respondents reported having been subjected to demeaning comments, stories, or jokes, compared to only 8% of male respondents; and 82% of female respondents reported having been mistaken for a lower-level employee, compared to 0% of male respondents.


Leadership and representation matter. When women are in positions of power and influence, it sends a powerful message: we belong here. Our presence in these roles challenges outdated stereotypes and paves the way for future generations of women lawyers. It is through leadership that we can drive meaningful change, advocate for policies that support equality, and ensure that the legal profession evolves to reflect the diverse society it serves.


As we move forward, it is essential that we remain vigilant and committed to creating a more inclusive and equitable legal community. This means supporting mentorship programs, advocating for policies that promote work-life balance, and ensuring that women have equal opportunities for advancement. It also means challenging the status quo and speaking out against discrimination whenever and wherever it occurs.


As we continue to break down the barriers to equality, I am optimistic about the future of our profession. The journey toward women's equality in the legal field may be long, but with determination, resilience, and a commitment to justice, I believe we can achieve it.

 

At Jinks Crow, a woman owned law firm, we appreciate what it is like to have to fight for our way. We put those same skills and experiences to use in representing our clients.


______


[4] It should be noted that the partnership disparity exists even for women who never took time out for family, which is a reason often blamed for the disparate treatment of women in the profession.

[7] “If Not Now When? Achieving Equality for Women Attorneys in the Courtroom and in ADR” (the “2017 Report”).

[8] The American Lawyer, Special Report: Big Law is Failing Women (May 28, 2015)) https://www.americanbar.org/content/dam/aba/administrative/women/walking-out-the-door-4920053.pdf.

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