Seriously?!

Marcia Greenberger, Co-President, National Women’s Law Center (Guest Author)

Fifty years ago, women made up barely four percent of law students. Since then, women have made significant inroads into the legal profession: for twenty-five years, approximately 45% of law students have been women; in the last decade, women’s representation has approached 50%.

This lack of progress is cause for concern because, as the readers of this blog are well aware, female judges make a difference in the courtroom. They bring to the bench an understanding of the impact of the law on women and girls, who make up over half of the US population. Female judges contribute important worldviews and experiences that round out judicial perspectives. And that contribution improves the quality of justice for men and women alike. For example, a 2010 study demonstrated that male federal appellate court judges are less likely to rule against plaintiffs bringing claims of sex discrimination if a female judge is on the panel. And confidence in the courts as a neutral purveyor of justice is higher, when judges are representative of the population they serve.

It has become increasingly clear, however, that the increased representation in the “pipeline” hasn’t yet been matched by women’s representation on the federal bench. Only 30 percent of federal judges are women, and a mere 8 percent are women of color. And unfortunately, the number of women on the federal bench has seen little improvement in recent years. 

By Andrea Moody

I am disappointed to report that I recently received an announcement for a webinar, entitled, "Mean Girls: Female-to-Female Bullying in the Workplace". At first I asked myself, is this for real or is it just another gimmick mislabeled as a webinar. And while I did not attend the webinar, though I would have liked to, I began to give serious thought to this issue and was able to recall quite a few instances involving female-to-female contact in the workplace that could, if not qualify as bullying, certainly could be considered bad behavior.

One specific example that I recalled involved a very seasoned female attorney, one admittedly who was at the top of her game and well respected in the legal community. She was working for a mutual client with a younger (in age and experience) female attorney. Apparently, there were some differences of opinion as to how the younger attorney handled a particular issue. And instead of using that moment as a teaching moment, the more seasoned attorney called the client to complain about the younger attorney. As a result, the younger attorney ended up being challenged every step of the way by the client because of this negative seed that had been planted. Because the issue was not one that was a "make or break issue" for the case or the client, after hearing this story, I always wondered, would it have been too much to ask for the more experienced attorney to pull the younger attorney aside and say, "Listen, instead of doing "X", I would recommend that next time you do "Y"". Would that have been too hard to do? Surely, that more experienced attorney would have wanted that same type of guidance when she was younger.

By Alana Bassin

Law 360 recently ran an article (April 11, 2011) entitled: Women Lawyers Less Valued, Lower Billing Rates Show. The article noted that male lawyers had an average billing rate of $312, while women averaged $259 per hour, according to an ALM Legal Intelligence survey of billing rates in small and midsize firms.

The underlying premise of the article is that this rate differential stems from undervaluing the work of female lawyers compared to that of male lawyers. In doing so, it suggests that men typically end up being the rainmakers while women are mentoring, doing committee work and developing firm capital. It further suggests that when women participate in business development pitches they don't get credit for the business within the firm. I take issue with both of these comments.

By Alana Bassin

Looking at the pictures at the top of the blog, or meeting any of the Divas in person, one can see that women are not afraid to buy a nice suit or pair of shoes. Interestingly, that isn't the only thing women are buying. According to a recent Time Magazine article, "Woman Power: The Rise of the Sheconomy," (Click here to read)  women make 85% of buying decisions in a household. Although this has been the case for a while, what is different today is the percentage of change in earnings between the genders in American households. As of October 2009, half the US workforce (in non-farm jobs) were women and 51.5% of the high-paying management and professional positions were held by women. Women now graduate college at a rate of 3 women to every 2 men.

By Alana Bassin

Did you know that the Paycheck Fairness Act is being considered in Congress - already passed in the House and is expected to be re-visited by the Senate this month (or at least it was before the last election)? The bill expands damages under the Equal Pay Act and provides more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.

I'm a defense lawyer, so admittedly I'm not all that excited about increasing the ways and means to sue my clients.

But the significance of the bill caught my attention for two reasons:
(1) The mere fact that we need it . . . that there is still a disparity between men and women's wages; and
(2) The importance of transparency.

By Alana Bassin

A rumor went around recently that a Fortune 500 company handed out laminated cards to certain female employees with the following list, trying to give advice about what not to do at the office in order to succeed. The list was allegedly taken from the book "Nice Girls Don't Get the Corner Office: 101 Mistakes Women Make That Sabotage Their Careers," by Dr. Lois P. Frankel who later commented that the list was taken out of context. Nevertheless, the list warned that women tend to do the following:

1. Speak too softly and aren't heard.
2. Groom in public, which "deemphasizes capability."
3. Sit too demurely, rather than leaning forward at the table in meetings.
4. Speak last in meetings. Early speakers are seen as more assertive and authoritative.
5. Ask permission, while men inform.
6. Apologize too much for every little thing.
7. Smile too often, which can dilute a message.
8. Play too fair.
9. Operate behind the scenes, which enables competitors to take credit for one's work.
10. Offer a limp handshake.