Finding Equality and Balance in the Face of Legal Typecasting By K Royal and Tracy Stanton CHEAT SHEET ■■ Mentorship help. The comparative lack of senior women in law means fewer female mentors. ■■ A force for inclusion. Initiatives such as ACC’s “Women In The House” seek to close the professional development gap in law. ■■ End of the mommy track. With technology enabling attorneys to do their work from anywhere, at any time, the mommy track career is fading. ■■ Flexible arrangements take hold. The rise of telework is facilitating a more inclusive workforce, enabling those with disabilities or children to work full time. The greatest disparities in the legal profession are found in the upper levels of legal executives, such as general counsel or managing partners. A recent study published by the American Bar Association revealed that, of women in private practice, only four percent were managing partners, 17 percent were equity partners, and 20.2 percent were partners, while 44.8 percent were associates and 45 percent were summer associates. This same disparity was found in an evaluation of general counsel in both Fortune 500 and 500-1000 companies. Twenty-one percent of Fortune 500 general counsel were women, while Fortune 500- 1000 companies were at an even lower 16.8 percent. Furthermore, this study revealed that, while the gap is slowly closing, there is still a significant disparity in income between men and women in the legal field. Women still make roughly about 80 percent compared to their male counterparts. Specifically, in equalized dollars, 69 percent of women in-house attorneys globally make less than US$200,000 compared to 56 percent of men.1 As the salaries rise, the percentage of women in that bracket decreases. At the US$300,000-US$599,000 range, seven percent are women compared to 13 percent of men, nearly a 1:2 ratio. Only two percent of female attorneys around the globe are represented in the highest range of US$600,000 and more, compared to more than double that number for men, at five percent. ACC DOCKET APRIL 2016 27 FINDING EQUALITY AND BALANCE IN THE FACE OF LEGAL TYPECASTING “Women are less likely than men to likely than women to apply for a job between strong mentoring and women’s reach the highest levels… and when with salary potential that is dependent advancement within the law firm set- they do they are still paid somewhat less on outperforming their colleagues.6 ting. Female lawyers with senior-male than their male peers,” said Stephanie In our survey, attorneys ranked some mentors had higher compensation and Scharf, a senior partner with Scharf characteristics or actions that have been career progress satisfaction than those Banks Marmor LLC in Chicago, suggested as underlying reasons women without mentors and were more likely and a past president of the National do not succeed as well in business as to be partners or hold senior executive Association of Women Lawyers.2 In fact, men, such as taking off years (for family positions than women without mentors.8 ACC shows membership comprising reasons, children, etc.), networking, and There are several advantages to be- approximately 50/50 men and women how the genders define success. Three ing mentored. One consistent theme (self-identified) until the numbers for characteristics that are viewed as equal voiced by numerous women leaders in general counsel and chief legal officers in men and women are ambitiousness, the American Bar Association (ABA) are assessed. There, women decrease to preferring lower stress jobs, and having is the fact that mentors pushed them roughly one-quarter of the population. well-developed business skills, and de- to do more than they thought that they This article explores how life cir- fining success in terms of being satisfied could do early in their careers.9 Others cumstances, skills, behavior, and the in the work performed. Not surprisingly, have credited mentors for helping them availability of mentoring contribute to the two prominent issues that stood out see for themselves that they really did these differences, and the potential for as more prevalent in women were taking know more than what they thought technology to break down barriers. The years off from work and requiring flex- they knew and establishing that level of data cited in the article come from stud- ible time for family, children, health, etc. “confidence” early in one’s career sets ies conducted by others, as well as the Traits that are attributed overwhelm- the foundation and can act as a primary results of a survey that ACC conducted, ingly to male lawyers that have helped driver for success. Further, confidence which had over 200 respondents.3 them succeed are defining success as boosts may also lead to more network- title/salary/position, negotiating better ing connections, in turn providing a Strengths of a woman for each of those, using their network strong foundation for success.10 Firms that responded to a survey effectively, and having better mentors. Mentors may underestimate how conducted by the National Association We anticipated this last element (based valuable they are to the people they of Women Lawyers report that key on prior surveys and research) and took mentor. In our survey, 43 percent of obstacles to the advancement of women a closer look at mentoring. mentees responded that mentoring was include: lack of business development very valuable to them. On the other opportunities, work-life balance issues, Mentoring side, of those who have been mentors, and attrition, as women lawyers leave Mentoring has been shown to lead to only 11 percent felt that they were very firms for better job opportunities else- increased promotions, salaries, and successful as mentors. It seems likely where.4 Stereotypes and bias still exist, job satisfaction. It is interesting to note that many mentors may just be unaware and often women don’t have the critical that female mentees, who want to gain of the significant impact that they can support needed from high-ranking access to powerful leaders, increase have on their mentees and their careers. sponsors who can actively campaign for their technical abilities, and obtain high In many ways, women have been frozen their advancement. Yet, the strengths visibility assignments may have more out of the mentoring dynamic because women bring to corporate boards of di- luck with a male mentor.7 According the approach of senior managers groom- rectors are intuitively translated into the to research by the Minority Corporate ing promising individuals often meant skills that women can bring to business Counsel Association, male mentees who in general: enhanced dialogue, better had female mentors found that they decision making, more effective risk were more comfortable discussing work- K Royal is the vice president and mitigation, excellent and crisis manage- life balance and gender issues than they assistant GC for privacy and ment, ability to weigh and balance risk were with male mentors. compliance at CellTrust Corporation taking to risk appetite, and challenge to Based on our survey results, 43 in Scottsdale, AZ. status quo behavior.5 percent of attorneys found that having a [email protected]; @heartofprivacy Competitiveness may also play a mentor as an attorney was very valuable. role in the differences in professional Forty-two percent of mentors or men- Tracy Stanton is senior counsel - outcomes for women and men. A recent tees were of the same sex, while 34 per- asset management, at NRG in study from the University of Chicago cent were of opposite gender. Research Princton, NJ. discovered that men are 94 percent more has indicated a positive correlation [email protected] 28 ASSOCIATION OF CORPORATE COUNSEL identifying them based on personal social events that yield professional have a profound impact on the direction relationships — and women did not opportunities. And no one helps them of one’s career. have those relationships with senior at- acquire the legal and marketing skills torneys, most of whom are male. that are central to advancement. These The potential for technology Often, young attorneys are advised barriers can become self-perpetuating. to bust the glass ceiling to find a mentor, but are not pro- Overburdened senior attorneys are Technology facilitates flexible work vided guidance on how to do so and reluctant to spend scarce time mentor- outside the office. Although attorneys what qualities to look for in a mentor. ing women who seem likely to leave. may complain that this same flexibility Therefore, the natural consequence, However, it is circular because women also demands availability, there may be which is simply based on pure human who are not supported are in fact more another benefit. In a prior survey and ar- instinct, is to look for someone who likely to leave. Their inability to reach ticle on lawyers and technology,12 we had looks like us. In a field where diversity is senior positions then reduces the pool of responses and discussions that indicated limited, this is quite challenging. In the women mentors and perpetuates the as- technology may be eroding the “mommy launch of the “Women In The House” sumptions that continue the problem.11 track,” which is an unofficial designation (WITH) initiative by ACC at the 2015 Below are two responses received that women who have children work a Annual Meeting in Boston, the accom- from our survey participants, which “reduced” amount of hours and are not plished senior women in-house speakers provide great insight into key issues to expected to reach partner or executive whole-heartedly endorsed finding men- consider when looking at the overall level in the standard time frame — for tors.