When it comes to serving as lead trial counsel, the gender gap persists. According to a recent study prepared and published by the American Bar Association, men remain much more likely to take on the role of lead trial counsel. The study, titled “First Chairs at Trial: More Women Need Seats at the Table,” was conducted by the ABA Commission on Women in the Profession and the American Bar Foundation. Based on a random sample of all cases filed in 2013 in the U.S. District Court for the Northern District of Illinois, the study identified types of cases, practice settings, clients and other characteristics that impact the extent to which men are far more likely to serve in lead counsel roles.
The statistics paint a grim picture, and the truth is that few women take lead roles in trials. On the civil side, men act as lead counsel in 76 percent of cases. Put another way, men are three times more likely than women to appear as lead counsel. In criminal cases, the difference is even more stark: men are almost four times as likely as women to take the lead. And approximately 68 percent of all attorneys appearing in civil cases—no matter their role—are men.
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