Federal Judges Say Firms, Clients Favor Male Litigators at Their Peril
At a Reed Smith event, former SDNY Judge Shira Scheindlin and current U.S. District Judge Cynthia Rufe highlighted the costs of ignoring gender diversity.
April 17, 2018 at 06:36 PM
4 minute read
The original version of this story was published on The American Lawyer
Client outcomes suffer when both law firms and their clients fail to push for gender diversity, former U.S. District Judge Shira Scheindlin and her Pennsylvania colleague, U.S. District Judge Cynthia Rufe, told an audience in Philadelphia on Tuesday.
Scheindlin, continuing a flurry of public appearances in the wake of a New York State Bar Association report last summer on the paucity of women in court speaking roles, joined Rufe, known for her work overseeing a slew of multidistrict litigations in Pennsylvania's Eastern District, at an event on women in the courtroom at the offices of Reed Smith.
The former New York federal judge, introduced at the event as a “rock star” for her 22-year judicial career and opinions on subjects from stop-and-frisk to e-discovery, provoked the audience with a story from a lawyer at a top New York firm who was asked by a new client for a top trial lawyer for a big case.
“He says, 'I'm going to give you our best. She's fabulous,'” Scheindlin recalled.
“He never met her, but he said, 'I need somebody stronger.' The lawyer said, 'OK, she's our best, but if you don't want her, we'll give you Mr. So-and-So. The guy was good, but not as good as Ms. X, who didn't get that particular assignment.”
Attendees reacted strongly to the tale, with one attorney questioning whether that jilted litigator would have been in her rights to pursue a discrimination claim against the firm for honoring the client's request.
But one of Scheindlin's immediate points was that putting women in charge of trial teams could win better client results, beyond the larger social ramifications. She followed the story by citing a recent study by jury consultancy DOAR, which found that women jurors tended to favor women attorneys by a greater margin than male jurors favored male attorneys.
“Women have an implicit bias in favor of women attorneys: something to keep in mind for those of your who do jury selection,” she said.
Rufe, who uses her role in appointing lead counsel and liaison counsel in MDLs to push for gender diversity, also highlighted the practical benefits of diversity, saying that firms that didn't take the matter into account were selling their clients short.
“Diversity isn't necessarily part of succession planning in law firms, but don't you have a responsibility to make sure clients are taken care of by the best?” she asked. “The best is the best qualified, and diversity provides a better path to success.”
Rufe drew a connection between her role tapping MDL leaders and how firms can advance their own top talent.
“I would hesitate to interfere in the inner workings of your law firm, but what I must do is get the best qualified persons—be they male, female, or persons of color—to work with the court on appointments, and I would hope you would want to do the same for your client,” she said.
The event also featured perspectives from general counsel, who debated their own role in pushing diversity. One in-house leader questioned the leverage that corporations actually hold over law firms in any long relationship involving significant and continuing litigation.
“They know we're not walking, I know we're not walking, and it's a problem,” the general counsel said.
But another panelist was unpersuaded, arguing that clients must be willing to do more.
“The keys are with us, but we're not turning the key,” the second general counsel said, before referencing a beauty contest where a law firm came in with eight middle-aged white men, after being told the client was looking for a diverse group of lawyers.
The message for that firm was succinct: “I'm sorry to do this, but you really are wasting our time. This meeting is over.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSanctioned Penn Law Professor Amy Wax Sues University, Alleging Discrimination
5 minute read'If the Job Is Better, You Get Better': Chief District Judge Discusses Overcoming Negative Perceptions During Q&A
Trending Stories
- 1'A Death Sentence for TikTok'?: Litigators and Experts Weigh Impact of Potential Ban on Creators and Data Privacy
- 2Bribery Case Against Former Lt. Gov. Brian Benjamin Is Dropped
- 3‘Extremely Disturbing’: AI Firms Face Class Action by ‘Taskers’ Exposed to Traumatic Content
- 4State Appeals Court Revives BraunHagey Lawsuit Alleging $4.2M Unlawful Wire to China
- 5Invoking Trump, AG Bonta Reminds Lawyers of Duties to Noncitizens in Plea Dealing
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250