Ms. JD Weekly Roundup: Week Ending November 20, 2009

Half AmLaw 100 Firms Say They'll Abandon Lockstep. Now What?

U.S. Ranks 31st in Global Gender Gap Rankings

ABA Lobbies to Let Unemployed Law School Grads Convert Private Student Loans to Federal Ones

Anker Named 2009 Woman of Justice

EWLA Insists on Naming Women for Top EU Positions

Sidley Austin LLP Partner Virginia A. Seitz Honored with a 2009 PAR Flex Success Award

The Good Wife: Week 8

Another light recap this week thanks to a relatively gender-neutral episode:

Excessive Apologies: This is a troublesome communication issue for some women. In this case we've got a female scientist who can't help but apologize automatically in response to almost everything that's said to her. It's bad enough her defense attorneys can't put her on the stand.Women in science arguably have it worse than women in law, so we can assume that this would be the kind of hang-up that would negatively impact more than her defense strategy. 

Hubby's Homecoming? This episode explored the possibility that TGW's incarcerated husband might be extended bail while his conviction went up on appeal. The episode left TGW's feelings about her husband's potential homecoming a bit ambiguous. I couldn't help but watch and think that for the first time in a long time TGW's work has provided her a kind of satisfaction and identity she missed while supporting her husband and children full-time. And it's not clear what impact the bad husband's return might have on that.

I thought this again, after TGW took the stand in her husband's defense and schooled the cross-examining attorney, when her son told her she "kicked ass" and she made the biggest grin of the night. 

I thought about it too when she opened her closet and there was no room in it for her husband's things. She's not just looking at the end of a different kind of self-identity and self-worth but a loss of independence.

Speaking of The Closet! It was organized by color in the order of the rainbow. So pleased there are appealing television protagonists as finicky about that stuff as I am.

Do we have a pipeline problem?

After I posted yesterday about the NAWL survey, I couldn't sleep.  Despite what I suggested in my original post, I am concerned about the findings, actually deeply concerned (well, except about the rainmaking finding).

That concern leads me to this question:  Do we have a pipeline problem?

One of the main premises upon which the NAWL report is based is that for more than two decades women have graduated from law schools and started careers in private practice at about the same rate as men.  Yet, we still haven't achieved anywhere close to parity with men at the tops of private practice, not by any measure including promotion, pay, leadership and business development.

I wonder if it isn't time to question the idea that we don't have a pipeline problem.   We know that 48% of first and second year associates are women in the typical firm. However, what we don't know is what, if any, disparity there is among the career goals of those women and the men that work along side them.  What percentage of those female first years have no intention of making partner at their firm or at any firm?  What percentage of those female first years were hired by the firm with no intention of ever making them partners?  What is the disparity between those numbers and the same numbers for the male first years?  Depending on the answers to those questions, we may find that, in fact, women are starting off at much lower numbers of potential-partners from the get go.

Why, you may ask, would I speculate that the numbers may be different for males and females starting off in law firms?

NAWL’s National Survey on Retention and Promotion of Women in Law Firms

Every year, I write a blog post on Ms. JD about NAWL's Annual Survey on the Retention and Promotion of Women in Law Firms.  So, 2009 is no different.  However, my enthusiasm for the topic is different this year.

The report is available here.

This year I guess I just don't have much to say.  Sure the numbers are just about the same as last year.  Women make up less than 16% of equity partners in the country's largest law firms. Women partners make less than their male counterparts (this year it is $66K less, on average).  However, this year most of the press has been about the finding that "almost half of the firms -- 46% -- count no women in their top 10 rainmakers."  As for this particular statistic, I'm just not surprised.  As irrational as it may seem I still can't believe that less than 16% of equity partners are women.  I can't understand why women aren't managing partners. But... for some reason I am not at all surprised that they aren't the top rainmakers.   I understand that this is irrational but let me explain.

I am a mid-level associate in the corporate department of a big law firm.  I have always aimed (an expected) to make partner.  I even aspire to be a department head and/or a partner-in-charge of my office.  Hell, I would even hope to be a member of the management committee (which by the way, women only make up about 15% of nationwide, on average) some day.  However, I never saw myself as one of my firms top 10 rainmakers.  I just don't know that this is within reach.  Therefore, I am not surprised that others like me never get there.

Don't get me wrong, I understand the importance of making it rain and plan to build the skill set in order to make enough rain to reach my goals, and then some.

Microsoft Women & Minority Initiatives

Earlier this fall Microsoft hosted a Summit for Women and Minority Law Students on careers in intellectual property practice areas. The Summit included a panel discussion with women and diverse attorneys who represent Microsoft in various capacities, a report from Microsoft's deputy general counsel on Microsoft's internal diversity program and ongoing commitment to the corporate Call to Action to diversify outside legal representation.

Most impressive fact: Microsoft Legal & Corporate Affairs's executive's bonuses are tied to their outside counsel meeting diversity goals. And last year? Outside counsel failed to meet those goals and bonuses were reduced as promised. That's called putting your money where you mouth is. 

What Men Missed When They Missed The Catalyst Release of “Women of Color in US Law Firms”

By Brande Stellings, J.D. and Jennifer Kohler

It was easy to talk to the men in the audience at the Catalyst release event for our latest research report, Women of Color in US Law Firms. There were only two. In retrospect, while the event was successful – bringing together a wide array of practitioners from the government, public, and private sector – almost all the attendees were women. Something is wrong with that picture.

Undoubtedly, these women are well-positioned to make change; many are senior partners and others hold influential positions within local government. Nevertheless, considering that men hold 82% of the partnership positions at law firms, it was discouraging not to see more men attending an event designed to provide insight into the experiences of one quarter of their firm’s women associates. And frankly, it wasn’t smart business.

We know women of color are entering and graduating from law schools in increasing numbers, but more than 75% of women of color associates leave their firms by their fifth year. Previous Catalyst research has demonstrated that when a lawyer leaves a firm, the cost to the employer is equal to, or even greater than, their total annual salary and benefits.

We also know that:

• Clients are diverse and are pressing law firms to provide teams which better reflect this diversity.

Suit Filed against the National Conference of Bar Examiners over Testing Accommodations

Stephanie Enyart is a 2009 graduate of UCLA School of Law. We introduced Ms. JD readers to Stephanie last year, after the ABA Student Division's magazine featured a story about her experience as a legally blind law school student and her role in founding the National Association of Law Students with Disabilities. In law school, Stephanie used software programs that scanned written material and read it aloud while reproducing the text in a magnified visual format. She uses the same blend of software in her current position as a clerk with the Disability Rights Advocates, a nonprofit organization in Berkeley, California. 

Like most recent graduates, Stephanie is ready to take the bar exam. While the California Bar Examiners agreed to accommodate Stephanie with the software she has used in the past, the National Conference of Bar Examiners (NCBE), which controls the type of accommodations that states may offer during the multistate portion of the exam, has refused to provide her with that software. The NCBE has offered her the option of using a screen reader, the accommodation provided to all blind test takers, but will not offer the software with the screen magnification that Stephanie is accustomed to using.

A lawsuit was filed on her behalf in the Northern District of California last week.

NWLSO at UCLA: 2008-2009 Event Recap

Since March 2008, chapters of Ms. JD's National Women Law Students' Organization have been meeting on campuses accross the country. At UCLA Robin Shofner and Hilda Montes de Oca have been responsible for leading a particularly vibrant chapter. To learn more about how to start a NWLSO chapter of your own get started here. What follows is a series of examples of events you might put together collected from UCLA's 2008-2009 event announcements:

WOMEN IN THE MILITARY: Fighting Sexual Assault in the Military – Angie’s Story

A Documentary followed by a Discussion of the Issue and the Military Policies and Legislative Proposals Seeking to Combat the Problem

“Army Sergeant Angela Peacock joined the military in February 1998.  She wanted to travel, serve her country and gain some life experience.  In 2001, while deployed in South Korea, Sergeant Peacock was raped by a fellow soldier.  She was encouraged by her command not to tell, so she held it in, and in 2003 she took it to Iraq with her.  She led her unit courageously, but silently struggled until she couldn't stay quiet any longer. Out of Iraq and back at home, Sergeant Peacock decided to take control of her PTSD - a result of both her military sexual trauma and combat stress - and take her life back.”

Sergeant Peacock will speak in public for the first time on January 26, 2009 at UCLA School of Law.  Following a screening of the brief documentary that tells her story, Sergeant Peacock will be joined by a panel of speakers who will discuss the issue of sexual assault in the military, including current military policies and legislative proposals to address the problem.

DRI Women's Seminar

[Ed. Note: This post contains event information from one of Ms. JD's readers.  For more information about the DRI's 2010 Sharing Success: A Seminar for Women Lawyers, click the link below.] 

I am promoting the Defense Research Institute's annual Women's Seminar.  I have attached the Save the Date and it will be held March 25-26, 2010 in Scottsdale, AZ.  Attendees will learn: how to deal with the impossible witness; business development tips specifically for female lawyers; juror perceptions of women litigators; tips for how to lead a trial team as a female lawyer; a humorous look at every day ethical issues faced by lawyers; dealing with generational differences with the practice of law; navigating the e-marketing maze to effectively use Facebook, Twitter, and Linked-In.

A preliminary website has been established at http://www.dri.org/(S(bx2jvz55snaqwiznco23ijvv))/open/SeminarDetail.aspx?eventCode=20100208. 

Judging from the success last year's event enjoyed, this year's seminar promises to be a hit!  You do not want to miss out!!

'The Mismeasure of Women' - Joanne Lipman Advocates a Change in the Conversation About Women

In her recent article for the New York Times, Joanne Lipman, a former deputy managing editor at The Wall Street Journal and founding editor in chief of Conde Nast Portfolio magazine, makes the case for re-assessing the way that we measure the progress of women.

With the recent release of the Shriver Report, finding, among other things, that mothers are the major breadwinners in 40 percent of families, all indications point to the fact that women have truly made major advances.  Lipman argues, however, that "women haven't come nearly as far as we would have predicted 25 years ago."  She believes that our progress has stalled and that, most importantly, "attitudes have taken a giant leap backwards."

Many of the 'numbers' do not show substantial progress.  "According to the American Bar Association, women in 2008 made up almost half of all associates, but only 18.3 percent of partners.  Only 15 women run Fortune 500 companies."  But, according to Lipman, attitudes are where the major problems for women lie.  For example, "women these days are portrayed as either witches or bimbos, with pretty much no alternative in between."

Lipman concludes with a truly resonating point: women have become focused on the numbers, when we really need to turn our attention to changing attitudes and making sure that "respect is part of the equation." 

To read the complete article click here.

So You Failed The Bar?

It’s not the end of the world. Trust me on this. And yes, I know you’ve all heard stories about successful attorneys that failed the bar the first time around. Hey, If JFK jr couldn’t pass………but it doesn’t make you feel any better. I know. So, take a day or two to wallow. You have my permission. Turn on silly movies, grab the Ben and Jerry’s, and curl up on the couch.

But then stop. And realize this is not the worst thing that could ever happen to you. And realize that there are PLENTY of people in the same boat as you, and ALL of you will do just fine.

I know this because most of the students that come to me for private tutoring are repeat takers. And those students end up passing the bar. And they end up getting jobs, and then no one cares that they failed, or how many times they failed. You just have to pull yourself up by your boot straps, realize that you need to do something differently, and try again. I had a student take the bar 13 times, come to me for the 14th, and finally pass. Talk about dedication! If he can tough it out, so can you!

So, why did you fail and what can you do differently?

Fighting for Gender Equity through Employment Discrimination Litigation

[Ed. Note: Ms. JD is pleased to host this content by Michael Siegel.   Michael Siegel is a recent law school grad and incoming associate at Siegel & Yee in Oakland, California.  He hopes to be an ally of Ms. JD and righteous women everywhere.]

By Michael Siegel

“Young women attorneys should not be afraid to brave new areas of expertise and find creative ways to defend women, especially women of color, from all the misogynous ways that they are humiliated and discriminated against on a daily basis."—Anne Weills, Civil Rights Attorney, Oakland, CA

I am lucky to be a child of the women’s liberation movement.  My mother, Anne Weills, has been a politically active radical feminist and anti-imperialist since the latter days of the House Committee on Un-American Activities.  Her political maturation occurred during the Civil Rights, Anti-War, and Women’s Liberation Movements of the 1960s and 1970s, and to this day she remains engaged in work to empower women, people of color, workers, and other subjects of oppression and discrimination.

Anne is also an attorney, and I am working with her at a small civil rights firm in Oakland, California.  Although the attorneys here do a lot of work on issues ranging from labor union organizing to Alien Tort Claims Act actions for atrocities committed abroad, the main niche that we have carved out for ourselves is in the realm of employment discrimination.  And, more specifically, we have had a lot of success representing women who have been subject to discrimination, harassment, and retaliation while working at public and private universities.

This specialized practice began with a female mathematics professor at the University of California, Jenny Harrison.

10 Ways to Combat Diversity Fatigue

By Dr. Arin N. Reeves

DIVERSITY FATIGUE (di.VUR.suh.tee fuh.teeg): According to WordSpy.com, a web site dedicated to tracking new terms that have appeared multiple times in major media, “diversity fatigue”—a form of mental exhaustion brought on by the constant attention required to create or increase diversity in work settings—is now an official part of the workplace lexicon. The concept of diversity fatigue first appeared in a New York Times (April 6, 1998) article on how the nation’s newspaper editors wanted to roll back the goals of increasing diversity in the newsrooms because “there’s a widespread sense of diversity fatigue.”

Since 1998, the term has picked up traction and support. An article in the May 31, 2006, edition of Time.com (the online version of Time magazine) asks, “Are Americans Suffering Diversity Fatigue?” The article goes on to state that, “It’s clear people are tired of walking on eggshells, afraid to offend those with different beliefs, ideas, and lifestyles. It’s grown exhausting, and they want their lives back. The idea of diversity seems to have worn out its welcome. It is now like a house guest who has stayed too long.” The term continues to receive high levels of attention, as evidenced by a dialogue on the October 12, 2006, episode of National Public Radio’s Talk of the Nation, entitled “Explosion of Diversity Training Leads to Fatigue.”

A Woman's Nation Changes Everything

The Shriver Report: A Woman's Nation Changes Everything, released this week, focuses on a vast array of issues facing women in the workforce, from health to education, media to marriage. The comprehensive examination of women in the labor force includes data points, policy suggestions, academic research, and reflective essays.

This report describes how a woman’s nation changes everything about how we live and work today. Now for the first time in our nation’s history, women are half of all U.S. workers and mothers are the primary breadwinners or co-breadwinners in nearly two-thirds of American families. This is a dramatic shift from just a generation ago (in 1967 women made up only one-third of all workers). It changes how women spend their days and has a ripple effect that reverberates throughout our nation. It fundamentally changes how we all work and live, not just women but also their families, their co-workers, their bosses, their faith institutions, and their communities.

Quite simply, women as half of all workers changes everything.

Although the report does not focus specifically on women in the legal profession, many of the topics are relevant to women lawyers. Additionally, contributers to the report include a number of women attorneys.

The contents of the report can be viewed here and the entire report can be downloaded here.

Extending Legal Education through Skills Training

“Law school teaches you the law, but it doesn’t teach you how to be an attorney.” I can’t tell you how many times I heard this sentiment as a law student interviewing with attorneys. It didn’t exactly inspire confidence in my law school studies, and inevitably leads to the question—if that’s the case, where do law students learn how to be successful attorneys?