Unconscious gender stereotypes negatively impact how female lawyers are perceived and evaluated, presenting obstacles to their career advancement and equal treatment. Both women and men must work to address this issue by recognizing implicit biases, supporting women through mentoring and professional opportunities, making workplaces more flexible to accommodate family responsibilities, and committing to gender equality as beneficial for clients, firms, and the legal profession. Overcoming hurdles like stereotypes, lack of access to networking and mentoring, and inflexible policies will help achieve the fair and equal representation of all.

1. Unconscious gender stereotypes affect how
women lawyers are perceived, which can translate
into missed opportunities. Women and men
have an equal interest in fostering change,
and our clients will benefit from the effort.
By || Kim Dougherty and Sofia Bruera
powergender
equityof
the
34 March 2014 || Trial
Posted with permission of Trial (March 2014)
Copyright American Association for Justice,
formerly Association of Trial Lawyers of America (ATLA®)
Posted with permission of Trial (March 2014)
Copyright American Association for Justice,
formerly Association of Trial Lawyers of America (ATLA®)

2. Trial || March 2014 35CIMMERIAN/GETTY IMAGES
GENDER INEQUALITY IS A PERVASIVE
issue that affects the legal profession,
the adequate and fair representation of
our clients, and trial lawyers’ ultimate
success. Women and men must do their
part, starting with recognizing and rais-
ing awareness of the issue.
First, we should examine our own
beliefs. Ask yourself: Does gender
equality in the legal profession make
me uncomfortable? Is there some part
of me that believes supporting the
advancement of women will somehow
be to my detriment? Michael Kimmel,
a well-known sociologist, explored this
issue on a television show entitled “A
Black Woman Took My Job,” in which
three white men felt they were victims
of employment discrimination. Kimmel
invited the men to “consider what the
word ‘my’ meant in that title: that they
felt that the jobs were originally ‘theirs.’
But by what right is that ‘his’ job? Only
by his sense of entitlement, which he
now perceives as threatened by the
movement toward workplace gender
equality.”1 Kimmel explains that “gender
equalityisnotazero-sumgameinwhich
women win only at the expense of men
losing. Gender equality is a win-win.
When women [win], so too will men.”2
Gender equality does not involve
women taking a piece of the metaphor-
ical pie, but instead growing it, so that
the pie is larger than it would be with-
out women. It is well settled that diverse
companies with women in management
are more profitable.3 Mixed-gender trial
teams win more cases, make fewer mis-
takes, cause more defense errors, and
better represent clients than all-male
trial teams.4
Ontheotherhand,whenwomenlaw-
yers leave law firms for lack of advance-
ment,opportunities,orflexibility,itcosts
firms—up to $1 million per lawyer.5 Gen-
der equity also means giving men the
opportunity to be more involved with
their families. Studies show that when
menareinvolvedinhomeandchildcare,
they, their spouses, and their children
are happier and healthier.6
Examining your law firm’s data on
advancement, retention, compensation,
satisfaction, mentoring, and leadership
opportunities for women can be infor-
mative. Does your firm fare better than
the dreary national statistics? While the
profession has made much progress, the
numbers are disturbing. Women make
up approximately 50 percent of law
school graduates but represent only 33
percent of the legal profession.7 While
approximately half of law firm associ-
ates are women, only about 20 percent
are partners, 15 percent equity partners,
and 4 percent managing partners.8
As
Bill Gates, the cofounder of Microsoft,
once said, “If you are not fully utilizing
half the talent, you are not going to get
close to the top.”
The disparity is even more apparent
in trial lawyers, where only 17 percent of
Supreme Court arguments were made
by women from October 2012 until May
2013 (and only one woman in private
practice compared to 10 men during a
2013 session).9 An even a smaller per-
centage serve as lead counsel at trial.10
The inequity is not just in leader-
ship positions, but also compensation.
The average salary of women lawyers
ranged from 14 to 30 percent less than
men’s over the past decade.11 Exten-
sive research documents the so-called
Studies showthat
female attorneys
often lackadequate
access to mentoring,
networking,and
clientdevelopment.

3. 36 March 2014 || Trial
Gender Equity in the Law || The Power of Gender Equity
“motherhood penalty” applied to
wages and evaluations. And the “pay
gap between mothers and nonmothers
is larger than the pay gap between men
and women.”12 Studies show that moth-
ers and pregnant women were judged as
less competent, “less committed to their
jobs, less dependable, and less authorita-
tive, but warmer, more emotional, and
more irrational” than equally qualified
childless women.13
Clearing the Hurdles
There has been a traditional notion
that “if women are underrepresented,
the most psychologically convenient
explanation is that they lack the neces-
sary qualifications and commitment.”14
But the truth is that women encounter
significant hurdles in obtaining equal
opportunities in the workplace.
One of the main issues impeding
equality is the unconscious stereotype
engrained in the culture of many law
firms. It shows itself in the dreaded dou-
ble standard women face when they risk
being branded as aggressive or abrasive
while the same behaviors in their male
counterparts are applauded as ambi-
tious or confident. At times, women are
forced to play “Goldilocks” to prevent
the perception that they are too “soft”
or “overly emotional” while avoiding
any appearance of being vociferous or
too forceful. Achievements are often
associated with external factors such as
luck and physical attributes when men’s
similar achievements are attributed to
their internal capabilities.15
Working mothers are often consid-
ered less committed to their jobs than
their male counterparts.16 When this
cognitive bias is in effect, employers are
more likely to recall information that
confirmstheirassumptions.Anemployer
who believes a working mother is less
committed to her work will recall the
times she arrived late or left early, but
not the times she stayed late or worked
at home at night. Moreover, the work-
ing mother’s assignments may be guided
by an assumption that her family obli-
gations will render her less committed
and thereby less competent to perform
importanttasksinhigh-profilelitigation.
This, in turn, affects her compensation
and ignores her dedication to finding
ways to get the job done.
Studies also show that female attor-
neys often lack adequate access to men-
toring, networking, and client develop-
ment. The stereotype that women aren’t
as committed to networking or client
development results in their exclusion
from social events that may provide
these opportunities.17 This exclusion
makes it more difficult for women to
establish mentoring relationships with
attorneys who have similar backgrounds
and experience. Similarly, professional
development opportunities often are not
provided to married female attorneys
because partners are reluctant to spend
time mentoring women whom they per-
ceive as leaving once they have children,
essentially setting up these women for
departure.18
Yet another hurdle is inflexible work-
place structures. For example, few law
firms provide days for attorneys to work
from home or part-time.19 Parents may
feel that approaching partners about
reduced work hours or a more flexible
work schedule (such as working from
home) would endanger their position
at the firm.20 And unmarried associates
often end up having a disproportionate
amount of work because they are seen as
havingnoreasontorefuseit.Yetreduced
hours or a flexible schedule does not sig-
nify reduced commitment to the firm.21
Research has shown that many “part
time employees are more productive
than their full time counterparts.”22
What Women Can Do
These obstacles paint a grim picture
of the current state of gender equity in
the legal profession, but there are many
things women can do to mitigate the
situation. It is vital for female lawyers to
have a mindset for success and to learn
resilience in the face of adversity.
Many female attorneys have encoun-
tered a situation in which their gender
has been a setback to reaching a goal.
Rather than harboring resentment, it is
important to learn from those situations
and to continue to strive for success. One
of the ways to foster this confidence is
to find a mentor. When female lawyers
mentor other female lawyers, we cre-
ate a community that will support each
other inside and outside the court-
room.23
Whether reading and editing
When female lawyers mentor
other female lawyers, we
create a community that will
supporteachother inside
and outside the courtroom.

4. Trial || March 2014 37
briefs, practicing oral arguments, pro-
viding feedback on deposition outlines,
or openly discussing gender challenges,
mentoring can give women support for
professional success.
ENetwork, network, network.
Mentoring may be limited at small law
firms or overlooked at firms with few
female lawyers. Yet networking with
colleagues outside your law firm can
provide potential mentors and valuable
referral sources.24 If networking after
work is difficult, you can make new
contacts by attending continuing legal
education(CLE)seminarsatlunchorfor
a day. You can also make connections by
attending American Association for Jus-
tice, Mass Torts Made Perfect, National
Institute for Trial Advocacy, or local bar
organization events. To maximize your
time, review the schedule ahead of time
and organize meetings with those you
would like to meet to build referral net-
works. The ability to provide a source
of referral cases to your law firm is vital
for success in any law firm and enhances
your value to the firm.
ELearn, study, master. Obtain
extensive knowledge about the litigation
on which you work, and fine-tune your
brief writing and oratory skills. Men-
toring and networking can aid in this
endeavor, but you also need to be aware
of new cases, literature, and practice
methods to sharpen your skills.
Establishing a niche can make you
indispensable to your firm. Whether it
is becoming an expert on the science in a
personal injury case, finding key liability
documents, or drafting crucial discovery
documents, demonstrating your knowl-
edge of a case can define you as a leader.
In addition to educating yourself, ensure
that you speak at CLE events to estab-
lish name recognition—for both you and
your law firm. Participating as a speaker
can also lead to leadership opportuni-
ties in trial and state bar organizations,
as well as litigation committees.
MILLION DOLLAR ADVOCATES FORUM

5. 38 March 2014 || Trial
Gender Equity in the Law || The Power of Gender Equity
EAnalyze your performance.
Women have a role in debunking ste-
reotypes that impede how they are
perceived by their law firms, defense
counsel, judges, and jurors. Reviewing
yourowndepositiontranscripts,hearing
transcripts,speeches,andbriefscangen-
erate self-awareness about how others
perceive you. Establish your own style
andwhatworksbestforyourpersonality.
Having mentors examine transcripts or
briefs to provide constructive criticism
can help break bad habits and reinforce
positive skills.
What Men Can Do
Women cannot achieve gender equal-
ity alone. Sometimes men’s role in sup-
porting gender equity is neglected, but
men should help level the playing field
by encouraging, supporting, and men-
toring female lawyers just as they do for
male lawyers.
Men: Ask women their opinions on
important issues and case strategy and
then genuinely weigh their input. You
should assign women high-profile cases
to provide visibility in the legal commu-
nityandgivethemcreditfortheiraccom-
plishments, along with constructive
feedback.25
If you are unable to mentor
femalelawyersinthefirmdirectly,intro-
duce them to other attorneys who can.
Oneofthebestwaystodothisisthrough
networking and educational events con-
ducted by members of trial lawyer orga-
nizations. Supporting women to take
leadership roles in these organizations
can also broaden your professional con-
nections and the firm’s recognition.
Bring women along to case develop-
ment meetings and networking events.
Women not only add unique and inter-
esting perspectives, but they also may be
well educated on the litigation they han-
dle and able to develop referrals. Intro-
ducethemtocontactstohelpthemcreate
relationshipsandteachthemaboutclient
generation.Encouragewomentomarket
themselves and the law firm by speaking
at CLE seminars, luncheons, and other
events. Supporting a female attorney’s
professional development ensures a
future return on the firm’s investment.
Politics are a part of the legal profes-
sion;besuretokeepfemalelawyersinthe
loop. Help women lawyers understand
the unwritten rules, power structures,
and alliances to which they may not be
privy.Beanallytowomenwithinthefirm
and on boards and committees; support
their advancement and leadership.
Women have an enormous amount
to contribute to the practice of law.
Increasing diversity in your practice
leads to favorable verdicts and greater
profits. The first step is acknowledging
theobstaclestogenderequalityandthen
creating organizational and procedural
vehicles to remedy it.
As Hillary Clinton noted, “[T]ime
alone is unlikely to alter significantly
the underrepresentation of women in
law firm partnerships.”26 We all need to
embrace a sense of responsibility, not
simply because it is the right thing to
do, but because it is in our clients’ best
interest and because it furthers our suc-
cess as trial lawyers. Together, women
and men can create a climate of equal
opportunity, compensation, advance-
ment, and responsibility.
Kim
Dougherty is
the managing
attorney of
Janet, Jenner
& Suggs in Boston. She can be reached at
KDougherty@myadvocates.com. Sofia
Bruera is an associate with Blizzard &
Nabers in Houston. She can be reached
at SBruera@blizzardlaw.com.
Notes
1. Michael Kimmel, A Black Woman Took My
Job, in Understanding Inequality: The
Intersection of Race/Ethnicity, Class, and
Gender 103, 104 (Barbara A. Arrighi ed., 2d
ed., Rowman & Littlefield Publishers 2007).
2. Michael Kimmel, Men Advocating Real
Change, Why Men Should Support Gender
Equality, http://onthemarc.org/blogs/22/97
(June 6, 2012).
3. See Credit Suisse Research Inst.,Gender
Diversity and Corporate Performance 3
(Aug. 2012), https://www.credit-suisse.
com/newsletter/doc/gender_diversity.pdf
(study of the performance of 2,360
companies over six years found that
“companies with one or more women on
the board [of directors] have delivered
higher average returns on equity, lower
gearing, better average growth and higher
price/book value multiples.”).
4. Randall Kiser, Beyond Right and Wrong: The
Power of Effective Decision Making for
Attorneys and Clients 81 tbls. 3.14 & 3.15
(Springer 2010).
5. Lorelie S. Masters, What Women (Lawyers)
Want—and Need, 27 Leg. Times (Apr. 26,
2004), http://jenner.com/system/assets/
assets/5680/original/masters_legaltimes_
Menshould help level the
playing field by encouraging,
supporting,andmentoring
female lawyers just as they
do for male lawyers.

6. Trial || March 2014 39
MORE ON GENDER EQUITY
Visit the Web pages below for
additional information.
AAJ SECTION
Civil Rights
www.justice.org/sections
AAJ EDUCATION PROGRAM
2013 Annual Convention: Civil Rights
Section CLE
www.PlaybackAAJ.com
42604.pdf?1324410807.
6. See Kimmel, supra n. 2.
7. ABA Commn. on Women in the Profession,
A Current Glance at Women in the Law 2, 4
(Feb. 2013), www.americanbar.org/content/
dam/aba/marketing/women/current_
glance_statistics_feb2013.authcheckdam.
pdf.
8. Id. at 2.
9. Debra Cassens Weiss, Few Minorities and
Women Argued Supreme Court Cases This
Term, ABA J. (May 14, 2013), www.aba
journal.com/news/article/few_minorities_
and_women_argued_supreme_court_cases_
this_term.
10. Claire Zillman, The Careerist, Where Are
the Women Litigators?, http://thecareerist.
typepad.com/thecareerist/2011/03/
the-absence-of-women-litigators.html
(Mar. 3, 2011).
11. See ABA Commn. on Women in the
Profession, supra n. 7, at 6.
12. Shelley J. Correll et al., Getting a Job: Is
There a Motherhood Penalty?, 112 Am. J.
Sociology 1297, 1297 (Mar. 2007) (citing
Ann Crittenden, The Price of Motherhood:
Why the Most Important Job in the World Is
Still the Least Valued (Metropolitan Books
2001).
13. Id. at 1298 (citing Sara J. Corse, Pregnant
Managers and Their Subordinates: The
Effects of Gender Expectations on Hierarchi-
cal Relationships, 26 J. Applied Behavioral
Sci. 26, 25 (1990) & Jane A. Halpert et al.,
Pregnancy as a Source of Bias in Perfor-
mance Appraisals, 14 J. Organizational
Behavior 649 (1993)).
14. Deborah L. Rhode, ABA Commn. on
Women in the Profession, The Unfinished
Agenda: Women and the Legal Profession 6
(ABA 2001).
15. Deborah L. Rhode, From Platitudes to
Priorities: Diversity and Gender Equity in
Law Firms, 24 Geo. J. Leg. Ethics 1041
(2011).
16. Id. at 1048.
17. Id.
18. Id. at 1071.
19. See Rhode, supra n. 14, at 7.
20. Id.; Def. Research Inst., Women in the
Courtroom: Best Practices Guide 8 (Def.
Research Inst. 2007) (“In exit interviews
with female litigators who leave law firms,
the oft-cited reason is that although firms
claim to provide flexible schedules, the
stigma, both spoken and unspoken, is too
great to bear.”).
21. Rhode, supra n. 14, at 7.
22. Id.
23. Rhode, supra n. 15, at 1070.
24. Id. at 1071.
25. Def. Research Inst., supra n. 20, at 12 (One
of the initiatives for developing female
rainmakers includes “ensuring client
contact by female attorneys for each file on
which the female associate is handling
client communications and is responsible
for development of the client
relationship.”).
26. Rhode, supra n. 14, at 13.