If We Want Gender Equity, It's Time for Quotas
Clients don't seem eager to help break the chain. More forceful measures are needed.
May 31, 2018 at 11:30 AM
4 minute read
The original version of this story was published on The American Lawyer
Of the myriad articles I've written about women in Big Law, this one hit a nerve: Male clients disfavor female partners. In fact, they are one-third less likely than female clients to choose women as lead counsel.
That's the finding by legal marketing firm Acritas, which surveyed over 2,000 senior in-house counsel at $50 million-plus companies around the world.
Of course, women always suspected it's a boys' club. Yet, seeing cold, hard data support that suspicion tapped a deep-seated fear: No matter how hard they try, women face daunting odds in developing business—and that means women won't catch up with men in pay or power.
I heard from women all over the country, voicing frustration and anger that male cronyism seems as strong as ever. Some women told me they've basically given up on trying to develop business from men—either because men were unreceptive or they read the overture as some kind of sexual invitation. One young female partner at an Am Law 100 firm said to me, “It's just a waste of time. I guess I'll always be a service partner.”
All of this is disheartening because clients are supposed to be the saviors. They're supposed to be the enlightened ones who are clamoring for more women and minorities to do their work.
And, indeed, big companies have made a lot of noise about that mission. In 1999, over 500 companies signed on to the Statement of Principles, pledging to press law firms to promote women and minorities. In 2004, companies signed on to Call to Action, vowing to keep stats on law firms and “take action” if necessary. Though launched with great fanfare, these initiatives died quietly on the vine.
So, what's next? Well, how about something with more teeth: Force firms to tell the truth about compensation. Shame them into it, if necessary. Then hold them accountable until they improve. Let me get more specific:
First, firms should be totally transparent about their compensation systems and client credit allocation, starting with breakdowns about how men and women are paid (equity and nonequity partners and associates who are paid bonuses). If firms refuse to disclose this information or play games about the status of their partners, they should be outed.
Second, firms should set goals for when they plan to attain certain female equity partner percentages. Firms tout all the awesome things they're doing for female lawyers—throwing swanky networking events, Fed-Exing breast milk for nursing mothers—yet won't commit to a timetable for when they'll reach a critical percentage of female equity partners. After so much talk, you'd think firms would have the balls to take a public stance about specific targets.
Third—brace yourself—we should consider quotas. European countries set quotas for the percentage of women on the boards of their public companies, and, despite initial skepticism, the quota system has worked. So is the idea of quotas in allocating client credit so outlandish? The CEO of Acritas, Lisa Hart Shepherd, doesn't think so. She proposes that clients “apply quotas in their work allocation—giving at least one in three matters to a female lead partner—and demand gender-diverse teams.”
Will quotas fly in Big Law? Nah. It goes against a myth we hold dear: that law is a meritocracy in which the brightest rise to the top.
Quotas are so taboo that they're not even discussed. “I am not aware of people pressing for nor firms considering quotas for client credit allocation,” says Brande Stellings, a vice president at Catalyst, an organization that promotes women. “Although quotas have been around for over a decade in Europe, the topic has largely been a nonstarter in the U.S.”
As someone who's covered women in law for over 15 years and seen paltry progress, I think it's time to talk about measures that involve some strong-arming. Does this sound too Draconian? Good. That's what we need.
Contact Vivia Chen at [email protected]. On Twitter: @lawcareerist.
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
© 2024 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 AllMore Big Law Firms Rush to Match Associate Bonuses, While Some Offer Potential for Even More
Partner Pay Transparency Is Eroding, Even if 'Black Box' Systems Haven't Caught On
6 minute readFrom Guaranteed Comp to Ethics Screens, How Big Law Navigates the Revolving Door
7 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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