The legal field made great strides over the last couple of decades to dramatically narrow the gender gap in U.S. law schools and law firms. That’s why, while researching last month’s column on motherhood and the practice of law, I was shocked to find that in spite of these advances, the number of women in leadership positions at law firms and corporate positions seems to be declining.
One of my sources, an equity partner at a national firm (and a mom herself), practically begged me to admonish the “newbies” not to eschew litigation positions just because they thought it would “be too hard as a mother.” She was seeing a pretty substantial reduction in the number of women attorneys at her firm, and was concerned. “I counted yesterday,” she said. “Our firm is only 20% women.”
“What happened?” I asked her. “Was it ever a higher percentage?”
Affirmative…but “soo many have left,” she lamented.
I thought for a moment. “But aren’t you hiring to replace them?” I asked.
“Idk. At our firm women leave and men are hired,” she texted.
I was stunned by this revelation. And a little scared. My previous research had shown a significant increase in women attorneys working at law firms from 2016 to 2025. In fact, by 2024 women represented a majority of associates working at law firms in the US. So what was going on? Two things, really. Fewer women attorneys were being hired at the entry/associate level, and attrition was reducing the number of women on partnership track or being promoted to senior level positions.
Was my source’s terse summary of the gender imbalance at her firm symptomatic of a broader social movement, the elimination of DEI and dismantling of gender discrimination laws? Or could the imbalance be attributed to a lack of interest in the firm’s primary practice area, construction litigation? Or perhaps women were now eschewing traditional law practice due to “work life balance” concerns.
I decided to dig a little deeper into this disturbing phenomenon. Here’s what I found:
The Partnership Gap
Maria Shahid, a lawyer who writes for the Law Society Gazette (the publication of record for lawyers in England and Wales), asserts that the legal profession “is demonstrably bad” at retaining women solicitors. The data backs up her assertion. Law Society research in 2023 found female solicitors in private practice have a 13% chance of reaching partner-equivalent levels; meanwhile, male solicitors in private practice have more than double the opportunity with a 28% chance.
The news isn’t all bad, though.
Across the Atlantic, some large UK law firms have restructured partnership pathways and eliminated many of the “black box” aspects of partnership selection to achieve a more equitable allocation of partnership roles. Moore Barlow, a top 100 UK law firm, achieved an outstanding 55% female representation at partnership level. “There has been a lot of investment and we are listening to people,’ says former partner (now consultant) Amandeep Khasriya. ‘We also have a really interesting way of rewarding our partners. One of our key metrics is their contribution to diversity and inclusion, and to our culture.”
In “Losing our Best Minds: Addressing the Attrition Crisis of Women Lawyers in a Post-Pandemic World”, the California Lawyers Association in cooperation with California Women Lawyers acknowledged that “having a diverse firm is essential to having a thriving firm, one that is attractive to corporate clients who are increasingly demanding diversity on their legal teams.”
Herein lies at least part of the rub, however. Corporate clients in the US may not be demanding diversity, at least not in the current environment. As anyone not living under a rock knows, in the U.S., diversity, equity, and inclusion are persona non grata at the federal level and in many states, as well as in many US business and legal cultures right now. Is this disdain for DEI being reflected in partnership criteria and selection? And what about the deeper issue of whether the current prohibition on DEI measures in federal government contracts has contributed to the private sector moving away from gender equity and general fairness in hiring practices. Has this policy change resulted in Big Law hiring fewer women and more men? Has BigLaw abandoned its DEI practices and policies during this cultural shift?
My friend says law firms won’t incorporate more equitable partnership election policies unless their clients ask for it. The dilemma is that publicly traded (ie BIG) clients have corporate boards with fiduciary duties to shareholders. If the government doesn’t demand inclusion of DEI considerations in hiring and promotions, then publicly traded companies will have a hard time imposing gender-friendly hiring and promotion policies unless such policies are a positive factor in the company’s growth and valuation. Indeed, if such DEI-friendly policies cost more or reduce a public company’s profitability, then their boards’ fiduciary responsibilities arguably prohibit such companies from imposing them. These clients will not be asking for diversity or inclusionary policies from their law firms any time soon.
Hiring Practices
The federal government, under the current administration, has been “touting a false and dangerous narrative that the success of working women and people of color suggests ‘illegal’ or ‘reverse discrimination.’” In doing so, the administration is furthering its goal of “making employers afraid to even acknowledge race and gender inequality, much less address it.” The administration has even threatened employers who adopt diversity, equity, inclusion, and accessibility programs with legal action.
Even worse, under President Trump the EEOC “bullied law firms that were committed to advancing women and people of color in their workplaces through diversity, equity, inclusion, and accessibility efforts.” – As the NWLA noted, “this tactic sends a perverse yet clear message” to employers who support the advancement of women in the workplace that such employers “are at risk under this administration.” In this environment, one can hardly blame employers for abandoning any formal policies to further DEI. In the face of such opposition to inclusionary programs, a recent McKinsey study found a reduction across the board in employers’ ongoing DEI programs, including efforts to ensure that hiring practices are fair.
Undoubtedly these moves by the federal government have had an impact on the number of women attorneys hired in the last two years. This is why it’s so important to provide tools and resources to women law students and entry level associates, so that they may advocate against such anti-DEI policies as they pursue their careers in law.
Other Factors
The above referenced political and policy approaches currently in place contribute to an already difficult environment for retention of women lawyers in private practice. The Bass Institute, an organization created by former ABA president Hilarie Bass, conducted multiple surveys and research studies on why women leave the law. It found that women quit the practice for many reasons, including the following:
An ongoing compensation gap between male and female lawyers
A negative bias on performance evaluations, elevation decisions and compensation determinations for female lawyers
The assumption by management that a female lawyer’s commitment to work diminishes as soon as she becomes a parent
Success fatigue – women must continue to prove themselves as worthy, even after years of practice
Ongoing sexual harassment and bullyingThe perception that clients are handed down from one male attorney to another, with women often invited to participate in client pitches as a “token” female, but not given the opportunity to work for the client
Longevity Enhancement
So how does a young lawyer or law student approach job seeking in a way that increases the likelihood that they will thrive and continue to develop their legal career through partnership or law department management promotions? The CWL article provided some relevant tips to those seeking legal employment:
Learn more about the current environment and contributory factors to attrition in women law practitioners in law firms and in house legal departments. Knowledge is power; once we know the enemy, we can combat it.
Assess any potential employer’s culture and the prioritization of the well-being of personnel. This includes not just reviewing a firm or company website and declarations of well being policies and practices. Frankly, these can be deceiving; some employers pay lip service to employee well being but do not implement any real, concrete practices to further such well being. Seek out former or current employees, and trust your gut.
Advocate for change through groups such as the CWL, your local bar association and the ABA, as well as at work. Some firms and corporations remain dedicated to equalizing access for women (cis and trans) to senior positions and other forms of advancement. Get involved where you can; improvements will ultimately benefit you along with your women colleagues.
Seek out career coaching firms to help you determine the best environment for your early, and developing law career. A quick search on Google revealed a number of women-owned firms who work with lawyers to find flexible, supportive environments and structures for women to practice in.
What Next?
While the current data may seem discouraging, I am hopeful that the tide will turn; achievement of DEI goals will again be seen a sign of strength rather than weakness; employers will again recognize the value women associates, partners and senior legal officers bring to bear; and the ranks of women partners and CLOs will grow to more substantial levels. But this can only happen if women lawyers at all levels participate, mentor, advocate, and insist upon equitable standards for advancement and promotion, even if these standards cannot be trumpeted across the land for all to admire. The road to gender equity in law may be longer and a bit more bumpy now than it was a few years ago, but it is still intact. And like our ancestors before us, we are brave.
As a veteran of thirty years of legal practice, Melanie Houk welcomes the opportunity to look back on a career nearer to completion than commencement. A graduate of Loyola Law School, Melanie initially took a nontraditional direction, leaving a first-year position at Whitman Breed Abbott & Morgan to take a job as a consultant. Eventually returning to private practice, Melanie spent nearly a decade developing further public law expertise with redevelopment agencies and municipalities before gravitating to an in-house position at Lennar Corporation, where a markedly convoluted path led her to a promotion to Deputy General Counsel, a position she has held for close to fifteen years.
