how advancing women in law advances the firms final

HOW ADVANCING WOMEN IN HOW ADVANCING WOMEN IN LAW ADVANCES THE FIRM’S LAW ADVANCES THE FIRM’S LAW ADVANCES THE FIRM S LAW ADVANCES THE FIRM S

BUSINESSBUSINESSEllen Ostrow, Ph.D., CMCEllen Ostrow, Ph.D., CMCLawyers Life Coach, Inc.Lawyers Life Coach, Inc.Lawyers Life Coach, Inc.Lawyers Life Coach, Inc.CCM Audio ConferenceCCM Audio Conference

July 15 2009July 15 2009July 15, 2009July 15, 2009

© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.

Overview of PresentationOverview of Presentation• Where are the women?

• Why should you care?

• What blocks the advancement of women?Stereotypes/BiasLack of mentors/sponsors

Costs of attritionPressure for diversityBrain drainOpportunity costsWomen leave to work for potential

Absence of role modelsExclusion from informalnetworksLack of opportunities foradvancementWomen leave to work for potential

clientsNot just a “women’s issue”Inequity in the system designed to preserve justice

Work/family conflictStigmatized work/life policiesCompensation inequities

• What can you do to retain talent?

• Why do women leave? MythsRealities

yMentoringBusiness developmentCredit assignment systemsSuccession planningWork assignment systems g yAddressing biasEvaluation processesTransparent advancement policies Balanced hours policiesCompensation policies


Compensation policiesMeasure results

WHAT HAPPENS TO WOMEN WHAT HAPPENS TO WOMEN WHAT HAPPENS TO WOMEN WHAT HAPPENS TO WOMEN AFTER THEY ENTER LAW AFTER THEY ENTER LAW

FIRMS?FIRMS?


Source: Catalyst


y

Percent of Positions at Law Firms By G dGender

80100

020406080

48%45%

44%34%

52% 55%56% 64% 74% 84% 92%

0WomenMen

27%16%

6%

S C l A P


Source: Catalyst, NALP

Percentage of WomenPercentage of Women

50

60US Population

Law Students

30

40

50 Law Students

Lawyers

10

20

30

Law Firm Partners

General Counsel0

General Counsel


The Leaky PipelineThe Leaky Pipeline

Although the nation's law gschools for years have been graduating classes that are almost evenly split between men and women and men and women, and although firms are absorbing new associates in numbers that largely reflect that balance, something unusual happens to most women after they begin to climb into the upper tiers of climb into the upper tiers of law firms. They disappear. They disappear.

Source: Epstein, Attrition of Senior Source: Epstein, Attrition of Senior W h k Pi liW h k Pi li


Women: The Leaky PipelineWomen: The Leaky Pipeline

Where Are the Women?Where Are the Women?

20 19.4

10

15 WomenMen

73%

9 4

5

109.5

0

Average Years in Practice for Women


g

Where are Women of Color?Where are Women of Color?

% of Minority Women Attrition Rate for %o o ty o eAfter 5 Years

tt t o Rate oMinority Women by 8th

Year

Remaining at first firm

Remaining at First i

Leaving First Firm

FirmLeaving First Firm


% Of Women Partners in Law Firms from 1994–20081994 2008

18.0%

20.0%

12.0%

14.0%

16.0%

8.0%

10.0%

2.0%

4.0%

6.0%

0.0%

1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

Source: Catalyst


y

While women’s representation as While womens representation as partner in all categories in “major” law firms has increased, Catalyst concludes firms has increased, Catalyst concludes that at the present rate “women will not achieve parity with men in law firm achieve parity with men in law firm partnerships until 2088.”


WHY SHOULD YOU CARE?

C f A i i•Costs of Attrition•Pressure for Diversity

•Brain Drain•Opportunity Costs

•Women Leave to Work for Potential Clients•Not Just a “Women’s Issue”

•Inequity in the System Designed to Preserve Justice


Replacing each attorney who leaves costs between$200 000 and $500 000 and this does not include the$200,000 and $500,000 ‐‐ and this does not include thehidden costs of client dissatisfaction due to turnover,lost business of clients who leave with departingattorneys, and damage to the firm's reputation andmorale.


Source: Project for Attorney Retention

CLIENTS ARE INCREASINGLY

HOLDING OUTSIDE COUNSEL COUNSEL

ACCOUNTABLE FOR DIVERSITY


"Forget about skin color or gender or whatever, if you want to run a great business you need great business, you need great, talented people. And I don't care if I'm hiring Martians if it makes good business sense," says Michael M. Boone a founding partner Boone, a founding partner of Haynes and Boone in Dallas. "Even the largest gfirms are at risk if they don't do this."


TALENT WALKS OUT THE DOORTALENT WALKS OUT THE DOOR


Firms that retain women lawyers experience :experience :•Better recruiting•Greater productivity•Improved client service•Reduced turnover expenses•Reduced turnover expenses

Rutgers’ Center for Women and Work


The women you lose may become your potential The women you lose may become your potential The women you lose may become your potential The women you lose may become your potential clientsclients


NOT JUST A WOMEN’S ISSUENOT JUST A WOMEN’S ISSUE


Women lawyers are…y

the “miner’s canary” of the the miner s canary of the legal profession


…while many attorneys want…while many attorneys wantto achieve greater diversity, theyto achieve greater diversity, theydo not necessarily want to rethinkdo not necessarily want to rethinkdo not necessarily want to rethinkdo not necessarily want to rethinkthe structures that get in the way.the structures that get in the way.According to many surveyed lawyers,According to many surveyed lawyers,their firms pay “lip service” to thetheir firms pay “lip service” to thevalue of diversity but do not make value of diversity but do not make it a priority…it a priority…

Deborah Rhode In the Interests of JusticeDeborah Rhode, In the Interests of Justice


WHY DO WOMEN LEAVE?WHY DO WOMEN LEAVE?

Myths and Realities


WHY WOMEN LEAVEWHY WOMEN LEAVE

THE THE MYTHMYTH


MYTHMYTH

Motherhood MystiqueMotherhood Mystiquey qy q

•Common belief that women want to leave firm practice in

l l response to natural maternal imperative

•Belief that women opt out of work to fulfill desire for familywork to fulfill desire for family

•Completely obscures the fact that most women lawyers want to:to:

COMBINE WORK COMBINE WORK & FAMILY& FAMILY& FAMILY& FAMILY

Source: NAWL, MIT Workplace Center


Nearly 80% of the women who Nearly 80% of the women who leave firm practice do not “opt out” f h kf b k f of the workforce but work, often as

lawyers, in workplaces that provide better arrangements than law

firms for combining work and time gfor families

MIT Workplace, 2007


Reality: Most Women Relocate WithinReality: Most Women Relocate Within

the Profession the Profession Source: MIT Workplace Center, NALP

CenterPercentage of Women Leaving Firms

354045

e ce tage o Wo e eav g s

20253035

5101520

05

Other firms In house Gov't Clerkships Non‐profits Business, etc


etc.

OPTING OUT??OPTING OUT??OPTING OUT??OPTING OUT??PUSH FACTORSPUSH FACTORS

Inflexible work structuresInflexible work structuresStereotypesExclusion from informal networksLack of mentors, role models,

d t t itiadvancement opportunities‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐PULL FACTORSPULL FACTORS

FamilyyOther aspects of life

Women leave their fi i firms, not practice. Only 9% are not working 15 years post‐graduation


graduation.

WHAT BLOCKS THE WHAT BLOCKS THE WHAT BLOCKS THE WHAT BLOCKS THE ADVANCEMENT OF WOMEN?ADVANCEMENT OF WOMEN?

•Stereotypes/BiasL k f M i•Lack of Mentoring

•Exclusion from Informal Networks•Absence of Role Models

•Lack of Opportunities for Advancement•Work/Family Conflict

•Stigmatized Work/Life Policies•Compensation Inequities


GENDER BIAS


What's the First Thing You See?What's the First Thing You See?What s the First Thing You See?What s the First Thing You See?

• Race, gender and age are cues

• Perceptually salientA fi i l • Among first social categories that children learnchildren learn

• Lead to automatic categorization

• Hard if not impossible to inhibit


Stereotypes…Stereotypes…Stereotypes…Stereotypes…

• allow efficient if sometimes allow efficient, if sometimes inaccurate, processing of information.

• often conflict with consciously held or “ li i ” i d“explicit” attitudes.

Nosek, Banaji, & Greenwald, 2002, j , ,


Stereotypes are SelfStereotypes are Self‐‐ConfirmingConfirmingStereotypes are SelfStereotypes are Self ConfirmingConfirming


Minorities and women are often held to higher

d d di h i standards regarding their credibility and intelligence by supervisors and clientele, and their missteps are often pmore damaging to their reputations than would be the same missteps by

j it ll h majority colleagues who are not saddled by stereotypes that they are less capable.”

MCCA Creating Pathways to Diversity, White Men and Diversity – A Closer Look p.


THE DOUBLE BIND FOR WOMEN

W t d t t Women must demonstrate a higher level of competence

or demonstrate their competence over and over p

again

AND

Women are penalized for being

too competent


He’s smartand talented; ;she’s lucky.y


What is assertive orambitious in aambitious in aman is aggressive in awomanwoman.


When a man brings attention to a substantial accomplishment,he’s “confident;” when a woman does the same she’s arrogant

or self‐aggrandizing.


What does it mean when you ask a yquestion?


Women of Color Face Double B i f R d G dBarrier of Race and Gender

• 62% felt excluded from • 62% felt excluded from networking opportunitiespp

• 49% felt subjected to demeaning comments, h tharassment

• 44% had been denied desirable assignmentsdesirable assignments

ABA Visible Invisibility


Stereotypes areStereotypes areStereotypes are…Stereotypes are…

Applied more under Applied more under circumstances of:Time pressureTime pressureAmbiguity, lack of informationinformationStress from competing tasksLack of critical mass


LACK OF MENTORINGLACK OF MENTORING


Women suffer from lack of mentoring within the largest of h f hthe firms to the extent that it would offer them insight into the rules of the game rules of the game where they work. Doing a good job in and of itself is rarely the

th t t hi path to partnership and large bonuses: a valuable lesson women often learn too late.

Source: NAWL


“What success I have had is in large part due to mentoring large part due to mentoring by senior male partners, who insisted that their work and mine meet the highest standards for legal work, standards for legal work, pushed me to develop business even when I was afraid to, and ‘pounded the table’ for me when it table for me when it counted. Most of these men had justified reputations as ‘tough guys’ —and I was hardly tough —but they took hardly tough but they took the time to teach me the skills necessary to succeed. I do not minimize the impact they had on my career.”they had on my career.

Stephanie Scharf, former president NAWL


Exclusion fromExclusion fromExclusion fromExclusion fromInformal NetworksInformal Networks


SIMILARITIES ATTRACTSIMILARITIES ATTRACTSIMILARITIES ATTRACTSIMILARITIES ATTRACT


41 % of the woman lawyers felt an unsupportive work environment was the top reason for leaving a job. They cited a "glass ceiling" They cited a glass ceiling or gender bias that prevents women from advancing to top positions. g p pSome respondents said this was shown by male partners' camaraderie with

l i h h male associates, who then were introduced to clients and were able to share in business originationbusiness origination.

"Legal Talent at the Crossroads: Why New Jersey Women Lawyers Leave their Law Firms

d h h h "


and Why They Choose to Stay"

ABSENCE OF ROLE MODELS


LACK OF LACK OF OPPORTUNITIES OPPORTUNITIES TO ADVANCETO ADVANCE


55%55% of white women of white women andand32%32% of women of color of women of color 32%32% of women of color of women of color ––but less than but less than 5%5% of of white men white men ––white men white men ––say they missed client say they missed client relationship and relationship and developmental developmental developmental developmental opportunities due to opportunities due to gendergender

Source: ABA Visible Invisibility


A d b A d b K hK hThe study also found The study also found

that that A recent study by A recent study by KeshetKeshetConsulting Inc. found Consulting Inc. found that gender bias in that gender bias in

that: that: •• 75% of women had 75% of women had

inadequate business inadequate business ggassignments along with assignments along with exclusion or limitations exclusion or limitations on women lawyers’ on women lawyers’

inadequate business inadequate business development development resourcesresources

on women lawyers on women lawyers participation in pitch participation in pitch groups and team selling groups and team selling

i i l i i l •• 53% lacked business 53% lacked business

d l i id l i iopportunities greatly opportunities greatly limit women lawyer’ limit women lawyer’ ability to acquire the ability to acquire the

development trainingdevelopment training

N l % h d N l % h d y qy q

skills required for high skills required for high originationorigination.

•• Nearly 50% had Nearly 50% had difficulty finding difficulty finding mentorsmentors


mentorsmentors

WORKWORK‐‐FAMILY FAMILY FAMILY FAMILY CONFLICTCONFLICT


Nearly 70% of the male lawyers with children are married to spouses or

t h h l partners who have a lesser commitment to their own careers, and are therefore able to provide family care The opposite is true for family care. The opposite is true for the women lawyers with children. Their spouses or partners have an equal or greater commitment to equal or greater commitment to their own careers so both partners are under a time squeeze. Typically, it is women who decrease work hours and—in the firms—encounter undependable support for reduced‐hour schedules or for periods out of the workplace.

Source: MIT Workplace Center, NAWL


Women lawyers want to work in an environment where they can succeed in the court room, the office, at home and even at play and they don't want to be

li d f ki h penalized for seeking that balance. Law firms that are not responding to the need for change are seeing need for change are seeing and will continue to see attrition among female lawyerslawyers.


In a study of over 700 graduates of the University of Michigan Law School who

d d b d graduated between 1970 and 1996 “my statistical tests indicated that fathers earn 15 to 20 percent more than to 20 percent more than lawyers without children (a ‘daddy bonus’) and that mothers earn 10 to 15 percent mothers earn 10 to 15 percent less than childless lawyers (a ‘mommy penalty’).”Source: Neil Buchanan quoted in The Lawyers WeeklySource: Neil Buchanan, quoted in The Lawyers Weekly


Pregnancy Triggers the Maternal W llWall


STIGMATIZED WORK/LIFE STIGMATIZED WORK/LIFE STIGMATIZED WORK/LIFE STIGMATIZED WORK/LIFE POLICIESPOLICIES


“Before I went part‐time, when I did not give people the turnaround they hoped for, they gave me the benefit of the doubt. All that ended when I went part‐time. As a result my performance evaluations fell a result, my performance evaluations fell, even though the quality of my work didn’t change.”g

S J Willi & C thi C l t P j t f Att R t ti C t f W kLif L UC H ti Source: Joan Williams & Cynthia Calvert, Project for Attorney Retention, Center for WorkLife Law, UC Hastings College of the Law


40% of women solve the time 40% of women solve the time problem by reducing work hours to problem by reducing work hours to partpart‐‐time.time.

Less than 2% of men work partLess than 2% of men work partLess than 2% of men work partLess than 2% of men work part‐‐time.time.

Only 5.4% of all lawyers work part Only 5.4% of all lawyers work part time.time.

Of all partOf all part‐‐time lawyers, 75% are time lawyers, 75% are women.women.women.women.

Women who use partWomen who use part‐‐time stay in time stay in law firm positions longer than law firm positions longer than

h i f ll i b h i f ll i b women who remain fulltime, but women who remain fulltime, but are less likely to make partner than are less likely to make partner than the fulltime women who do remain. the fulltime women who do remain.


Source: NAWL

Maternal Wall Maternal Wall BiasBias

“Before I went part f ptime, when I wasn’t at my desk, people assumed I was at a assumed I was at a business meeting. Afterwards, they

d I h assumed I was home with my kids, even if I was with a client.”

Source: Joan Williams & Cynthia Calvert, Project for Attorney Retention, Center for WorkLife Law, UC Hastings College of the Law


A Boston attorney returned from maternity leave to find that she was

given the work of a paralegal “I wanted given the work of a paralegal. I wanted to say, look, I had a baby, not a

lobotomy.”


Evaluations by senior males h demphasize strong and

explicit time norms in favor of 24/7 availability. W i t Women associates were praised for not allowing pregnancy or family members’ health care members health care needs to interfere with their “commitment” to the firm.firm.

Source: Project for Attorney Retention


“Many firms operate under a “Many firms operate under a laissez faire approach to laissez faire approach to ppppretention and promotion, retention and promotion, assuming that the best and assuming that the best and the brightest will automatically the brightest will automatically move up the ladder. move up the ladder. ppUnfortunately, junior and senior Unfortunately, junior and senior lawyers alike are often naïve as lawyers alike are often naïve as to how law firm culture affects a to how law firm culture affects a lawyer’s progress. Far too many lawyer’s progress. Far too many ggintelligent and hardintelligent and hard‐‐working working women lawyers enter with women lawyers enter with the same fine record as their the same fine record as their male counterparts, only to male counterparts, only to end up several years later with end up several years later with the unsatisfying conclusion, the unsatisfying conclusion, ‘I’m doing my best but it isn’t ‘I’m doing my best but it isn’t good enough.’ And out the law good enough.’ And out the law firm door they go.”firm door they go.”

Stephanie Scharf, former president NAWL


COMPENSATION COMPENSATION COMPENSATION COMPENSATION INEQUITIESINEQUITIES


Salary Disparity Between Women Salary Disparity Between Women d M Ld M Land Men Lawyersand Men Lawyers

$14,000

70,000

80,000

90,000$87,000

40,000

50,000

60,000

Men's Earnings in Excessof Women's

10 000

20,000

30,000

4 of Women s

$14,000

$23,000

0

10,000

Of‐Counsel Non‐Equity Partners

Equity Partners Source: Catalyst, NAWL


Unless and until women partners feel pfully embraced, fully respected, fully compensated what compensated, what is the message that they are conveying y y gdownward?

Source: NAWL


WHAT CAN YOU DO TO WHAT CAN YOU DO TO RETAIN TALENTED WOMEN?RETAIN TALENTED WOMEN?RETAIN TALENTED WOMEN?RETAIN TALENTED WOMEN?

•Mentoring•Business Development

•Credit Assignment Systems•Succession Planning

•Work Assignment Systemsg y•Addressing Bias

•Evaluation Processes•Transparent Advancement Policies

•Balanced Hours Policies•Balanced Hours Policies•Compensation Policies

•Measure Results


MENTORINGMENTORINGMENTORINGMENTORING


Train Mentors and MenteesTrain Mentors and MenteesTrain Mentors and MenteesTrain Mentors and MenteesIt is not only a best ypractice to have a formal mentoring program when trying to diversify when trying to diversify your workforce, it is also indisputable that the main reason minorities main reason minorities leave firms is because they are not mentored

d dand do not see any chances for advancement.


BUSINESS BUSINESS DEVELOPMENTDEVELOPMENTDEVELOPMENTDEVELOPMENT

•Training and mentoringTraining and mentoring•Credit assignment systems•Succession planning


Train Women in Business Train Women in Business D lD lDevelopmentDevelopment

A i i id lif ll b b A i i id lif ll b b A rising tide lifts all boats, but A rising tide lifts all boats, but not if most of the women not if most of the women professionals are being professionals are being torpedoed. It is in the torpedoed. It is in the

li h d lfli h d lf i f l i f l enlightened selfenlightened self‐‐interest of law interest of law firms to train their women firms to train their women lawyers to become rainmakers. lawyers to become rainmakers. Not only will the firm benefit, Not only will the firm benefit, b h l ili h b h l ili h but the glass ceiling that stops but the glass ceiling that stops the careers of women lawyers the careers of women lawyers will be shattered.will be shattered.

Source: NAWL


“In this day and age, any pitch team that is y pexclusively maleshould raise eyebrows i hi h fi within the firm —

because eyebrows willcertainly be raised certainly be raised when the team arrives at the client’s office.”ff

Source: NAWL


Expand the concept of credit Expand the concept of credit to include theto include theto include theto include the

contributions to retaining contributions to retaining clients of all lawyers on the clients of all lawyers on the

teamteam


teamteam..

Require Require formal

succession succession planning.


Insure equalInsure equalaccess to highaccess to high‐‐profile, highprofile, high‐‐profile, highprofile, high

revenuerevenueassignments so assignments so

crucialcrucialfor skill for skill

development,development,exposure to exposure to

f lf lpowerful partners powerful partners andand

advancement.advancement.


IMPLICIT BIAS TRAININGIMPLICIT BIAS TRAINING

“Stereotype activation “Stereotype activation may be automatic but may be automatic but may be automatic but may be automatic but stereotype application stereotype application can be controlled.”can be controlled.”

Blair, 2002


“Women attorneys must be “Women attorneys must be reviewed in a fair, impartial reviewed in a fair, impartial manner if they are to secure their manner if they are to secure their place within the partnership ranks place within the partnership ranks

d i f i i d i f i i and receive fair compensation and receive fair compensation and an unbiased opportunity to and an unbiased opportunity to advance. Without such, women advance. Without such, women will not remain at firmswill not remain at firmswill not remain at firms.will not remain at firms.

The advancement and retention ofThe advancement and retention ofwomen lawyers are essential to a women lawyers are essential to a women lawyers are essential to a women lawyers are essential to a law firm’s growth and survival. law firm’s growth and survival. Most notably, the future of the Most notably, the future of the legal profession depends upon it.”legal profession depends upon it.”g p f p pg p f p p

Pamela J. Roberts, Chair, ABA Commission on Women in the Profession


“Transparency in the promotion process is critically important to achieving adiverse leadership. Associates must have clear and specific information regardingexpectations so that they can stay on course for leadership positions.”

Source: NAWL


BALANCED HOURS POLICIESBALANCED HOURS POLICIES


NonNon‐‐stigmatized flexible work arrangements stigmatized flexible work arrangements availableavailable

to all lawyers and staffto all lawyers and staff


to all lawyers and staffto all lawyers and staff

PRINCIPLE OF PROPORTIONALITYPRINCIPLE OF PROPORTIONALITY


COMPENSATIONCOMPENSATIONPOLICIES POLICIES


Hold partners Hold partners ppaccountable. A lot of accountable. A lot of firms lose sight of the firms lose sight of the impact of their impact of their impact of their impact of their compensation systems compensation systems on the behavior of on the behavior of h i h i their partners.their partners.

S NAWLSource: NAWL


Compensate teamwork, business development activities, firmcitizenship, leadership and mentoring of diverse attorneys.


WHAT GETS WHAT GETS MEASUREDMEASUREDGETS DONEGETS DONEGETS DONEGETS DONE


Ellen Ostrow Ph D CMCEllen Ostrow, Ph.D., CMC910 17th Street N. W.

Suite 306Washington, D.C. 20006

Phone: 202‐595‐3108Fax: 301‐587‐4327

E‐mail: ellen@lawyerslifecoach [email protected]


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