University of Southern California Dissertations and Theses

A case Study of gender gaps in the legal profession

(USC Thesis Other)

A case Study of gender gaps in the legal profession

PDF

Download a page range

Download transcript

Copy asset link

Request this asset

Transcript (if available)

Content

A Case Study of Gender Gaps in the Legal Profession

by
Matthew Christensen

A Dissertation Presented to the
FACULTY OF THE USC ROSSIER SCHOOL OF EDUCATION
UNIVERSITY OF SOUTHERN CALIFORNIA
In Partial Fulfillment of the
Requirements for the Degree
DOCTOR OF EDUCATION

May 2023

Copyright 2022 Matthew Christensen
GENDER GAPS IN THE LEGAL PROFESSION 2

Acknowledgments
To Howard Roark … I understand.

GENDER GAPS IN THE LEGAL PROFESSION 3

Table of Contents
List of Tables 7
List of Figures 7
Abstract 8
Chapter One: Introduction to the Study 1
Context and Background of the Problem 2
Purpose of the Project and Research Questions 2
Importance of the Study 3
Overview of Theoretical Framework 5
Organization of the Dissertation 6
Chapter Two: Review of the Literature 7
Background of Female Progression in Private Law Firms 7
Legal Career Trajectory 9
History of Women and the Legal Profession 12
Female Attorneys and Acceptance into the Law 12
Systemic Hiring Practices and Entrenched Promotion Traditions 13
Women’s Opportunity through High Growth 15
Downturns Disproportionately Affect Women 15
Possible Barriers to Female Attorney Retention 16
Female versus Male Attrition in the Legal Field 17
Barriers to Female Attorney Progression in Private Law Firms 19
Performance Management and Billing Hours 19
Firm Marketing Requirements and Social Network Capital 21
GENDER GAPS IN THE LEGAL PROFESSION 4

Female Attorney Mentoring 23
Discrimination 24
Compensation Discrimination 26
Family and Work–Life Balance 26
Potential Solutions for Retaining Female Attorneys 29
Conceptual Framework 32
Summary 35
Chapter 3: Methodology 36
Research Questions 36
Overview of Design 36
Research Setting 37
The Researcher 37
Data Sources 40
Participants 40
Instrumentation 41
Data Collection Procedures 42
Data Analysis 42
Credibility and Trustworthiness 43
Ethics 45
Chapter 4: Results and Findings 46
Research Questions 47
Participants 48
GENDER GAPS IN THE LEGAL PROFESSION 5

RQ#1: What environmental influences affect female lawyers’ decisions to remain in the
profession? 49
The Nature of Legal Work Was a Negative Environmental Influence 50
Environment’s Time Requirements 53
Environment’s Requirement of Billable Hours 55
Environment’s Requirement of Revenue Generation 56
Structured Support from Law Firms 57
Caretaking Responsibilities Were a Negative Environmental Factor 61
Discriminatory Behavior and Microaggressions 64
Overarching Conclusions on Environmental Influences 65
RQ#2: How did personal influences affect female lawyers’ decisions to remain in the legal
profession? 67
Mental Health was a Negative Personal Influence 68
Confidence as a Caretaker 69
Reevaluation and Self-Efficacy 71
RQ#3: How has the COVID-19 pandemic affected female lawyers’ beliefs or behaviors
about remaining in the legal profession? 73
Summary 75
Chapter Five: Recommendations 76
Discussion of Findings 77
Recommendations for Practice 79
Recommendation 1: Law Firms Should Remove Billable Hours Requirements 80
Recommendation 2: Remove Stigmas Surrounding Flexible and Remote Schedules 83
GENDER GAPS IN THE LEGAL PROFESSION 6

Recommendation 3: Altering Performance Metrics Required for Success 86
Limitations and Delimitations 87
Limitations 87
Delimitations 89
Recommendations for Future Research 90
Conclusion 91
References 93
Appendix A: Interview Questions 111

GENDER GAPS IN THE LEGAL PROFESSION 7

List of Tables
Table 1 Summary of N = 11 Participants .................................................................................... 49
Table 2 Chapter 4 Findings Mapped to Recommendations ........................................................ 80

List of Figures
Figure 1 Conceptual Framework Design .................................................................................... 33
Figure 2 Social Cognitive Theory Triadic Reciprocation ........................................................... 46
Figure 3 Environmental Influences and Thematic Codes ........................................................... 50
Figure 4 Personal Thematic Codes ............................................................................................. 68

GENDER GAPS IN THE LEGAL PROFESSION 8

Abstract
This qualitative study explored the personal and environmental factors that affect female
attorney retention within the private law sector. Research questions focused on both the
environmental factors as well as personal factors in addition to the effects that the COVID-19
pandemic had on female attorneys practicing within private law. Eleven female attorneys
participated in the study and were interviewed semi-formally regarding elements of the research
questions and their experiences as female attorneys. Using various levels of coding, the
responses were analyzed according to theme. High level themes included, environment, personal,
and COVID-19. Secondary themes included elements such as: time commitments, discriminatory
behavior, difficult nature of the law profession, and environmental influences. Tertiary themes
included: billable hours, revenue generation, family commitments, and environmental supports
such as spousal support and firm supports. Emerging patterns and results were discussed and
recommendations highlighted the need for law firms to acknowledge that environmental time
commitments affect females differently than males and this awareness should lead to a renovated
system for assessing performance and promotion. This recommendation will assist in closing the
male/female retention gap.
GENDER GAPS IN THE LEGAL PROFESSION 1

Chapter One: Introduction to the Study
One of the leading indicators of “success” in the minds of attorneys and a high-profile
distinguisher in the legal system is that of the designation between partner and associate attorney
(Galanter & Palay, 1991). Despite almost equal numbers of female and male law school
graduates, a substantial gap exists between male and female attorneys holding preeminent
positions in the legal field due to a lack of retention of female attorneys. Kay et al. (2016)
discussed the paradox that women achieve partnership status at a lower rate than men because
women are more likely to leave the profession. Women hold less than 20% of private law firm
partnerships, with some scholars estimating the figure as low as 5% (Albert, 2006; Kay et al.,
2016; Levinson & Young, 2010; P. A. Patton, 2005). These figures numerically demonstrate a
paradox in the legal community that hinders female attorneys’ progress and contributes to a
higher rate of female attrition. Levinson and Young (2010) explained that the problem affects
women at each level of the profession and found that even extremely experienced women leave
the profession at a higher rate than men. This dissertation focuses on factors affecting the
retention of female attorneys in private law firms that ultimately creates a gender gap in high
leadership positions.
Research has demonstrated that female attorneys earn salaries that are 11% lower on
average than those of men in the same setting and equal positions (Noonan et al., 2005). Female
attorney attrition presents a significant issue for private law firms and female attorneys’ overall
progression, but researchers have pursued different avenues to examine its causes. Billable
hours, partnership track changes, performance management, and dependent care contribute to
attrition (Dinovitzer et al., 2009; P. A. Patton, 2005). However, Women Lawyers of Utah (WLU;
2010), in a study of female attorneys in Utah, stated that 37% reported facing workplace actions
GENDER GAPS IN THE LEGAL PROFESSION 2

that created a distasteful work atmosphere. Financial, hostile, or discriminatory elements result in
high attrition rates and women leaving the profession, hindering progress toward the level of
partnership (Kay & Hagan, 1998; WLU, 2010).
Context and Background of the Problem
Heinz et al. (2001) reported on drastic changes in the legal profession during the 1980s.
This era saw women enter the legal profession at much higher rates. Legal salaries rose
substantially, client relations were restructured, and firms became less centrally located and
established offices overseas and in multiple states.
Galanter and Palay (1991) argued that the growth of firms into behemoth entities and
“rainmaker” mentalities changed the structure into a hindrance for female attorneys, and client
networks, billable hours, portfolios, and profits became determinants for the coronation of
partnership as opposed to client service and merit. Soon, firm revenue began to be the controlling
force, and law firms started to grant partnerships on different levels such as nonequity or equity
(Epstein et al., 1999; P. A. Patton, 2005). Albert (2006) argued that these systemic changes
affected women negatively. If female attorneys could not utilize networks or other mechanisms
to produce revenue and bolster client lists, they would not be granted partnership under the new
benchmarks. Albert (2006) dictated that this principle is paramount in understanding the context
of gender disparities in the legal profession.
Purpose of the Project and Research Questions
The purpose of this dissertation is to examine factors that influence female attorney
retention in private law firms employing more than 100 attorneys. The project will assist
organizations in furthering equitable workspaces by understanding environmental and cultural
GENDER GAPS IN THE LEGAL PROFESSION 3

factors that affect the behavior and motivations of female attorneys in the legal profession to
better understand why women continue to exit private law firms at a higher rate than men.
Embedding the following research questions provides insight and foundations to
understand equitable best practices in a legal organization, positive and negative factors affecting
female attorneys, and the problem of practice throughout the industry:
1. What environmental influences affect female lawyers’ decisions to remain in the
profession?
2. How do personal influences affect female lawyers’ decisions to remain in the legal
profession?
3. How has the COVID-19 pandemic affected female lawyers’ beliefs or behaviors
about remaining in the legal profession?
Importance of the Study
Rhode (1991) discussed the central problem facing attempts to narrow gender gaps and
disparities. She referred to it as the no-problem problem as firms do not look inward on retention
issues. However, if closing the gender gap benefits current and future female attorneys and the
organizations that employ them, it is a crucial issue to be addressed. Legal firms tend to assume
that female attorneys leave the profession before making partner of their own volition. This
assumption allows organizations to believe it is not due to actions on their part. However,
understanding the factors that influence female attorneys to remain in the profession will
ultimately assist private firms to more consistently retain female attorneys and likely raise the
partnership ratio. This dissertation seeks to demonstrate that: (a) Female attorneys experience the
profession differently than males and the influences involved in that experience, which affects
GENDER GAPS IN THE LEGAL PROFESSION 4

female retention in the legal field, and (b) organizations need to be apprised of these influences,
namely those that are not salient.
Female attorneys face myriad barriers, some of which are very apparent and some that
are not. In many cases, women leave the profession because their situation is untenable.
Elements of stereotyping, discrimination, mentorship, and bias in decision making underlie
attrition issues (Bartow, 2005; Rhode, 1991; Wald, 2010). However, the inferred explanation is
family and childcare responsibilities (Noonan & Corcoran, 2004). Therefore, if society and
organizations conveniently halt the reasoning at that explanation, the problem will never be
adequately addressed. Lyness and Grotto (2018) demonstrated this and argued that simple
organizational initiatives such as those intended to increase female hiring are not sufficient.
Lyness and Grotto (2018) explained that “without addressing entrenched, systemic gender
barriers,” such initiatives are unlikely to be successful (p. 247).
It is vitally important to correct the gender gap not only in the legal field but across the
corporate landscape, whether among CEOs, board members, or top management. The gender gap
exists in the top echelons of most industries (Metz & Kulik, 2017). A business argument is that a
more diverse leadership creates economic value, but the more considerable impact is found in
organizational outcomes such as processes and demographics (Metz & Kulik, 2017). Vecchio
(2002) demonstrated the benefits of gender equality in leadership positions by analyzing
women’s contributions to organizational outcomes and found increases in diversity,
philanthropy, and leadership styles. Chambliss and Uggen (2000) demonstrated that more
diversity in the partnership levels of a law firm leads to increased representation through
associate-level attorneys, and these results were statistically significant among women and Asian
Americans. Although substantial research has demonstrated the nonfinancial benefits to an
GENDER GAPS IN THE LEGAL PROFESSION 5

organization, it is essential to note that nonfinancial components may lead to financial outcomes.
For example, Credit Suisse Research Institute released a report, The CS Gender 3000: Women in
Senior Management, in which it studied 3,000 companies in 40 countries and found that
companies with women in high positions demonstrated increased returns, higher valuations, and
larger payout ratios (Credit Suisse, 2014). Rhode (2011) posited that addressing the issue of
gender inequality in law firms is essential due to client pressure. If clients demand gender
diversity or a firm that is more forward thinking, firms must address the issue to adhere to
principles of economic growth.
Organizations are aware of salient aspects of the gender gap issue and understand that
attrition costs affect overall productivity. Still, they may not understand it on a deeper level or to
the extent necessary to provide solutions and resources. WLU (2010) demonstrated this
frustration by quoting a senior female attorney who expressed frustration over having provided
time and resources to neophyte female attorneys only to have them leave the firm. In some
instances, gender gaps are not viewed as a problem. In others, they are perceived as “not my
problem,” but if organizations can more comprehensively understand the situation as having
multiple layers, they will be more equipped to provide solutions. This paper can inform
organizations of the reasoning and variances behind the gap and offer possible solutions and best
practices to combat the problem in their environments and cultures.
Overview of Theoretical Framework
This study uses social cognitive theory (Bandura, 1988) to demonstrate the strong
foundation created through personal beliefs and motivations, environment, and behavior. Social
cognitive theory provides perspective regarding the interplay among environmental factors,
cultural barriers, and personal motivations that define the relationship between private law firms
GENDER GAPS IN THE LEGAL PROFESSION 6

and female attorneys. For example, organizational resources mixed with personal situations and
beliefs will almost certainly affect a female attorney’s behavior. This triadic reciprocity is likely
to significantly affect aspects of her career choices and pathways, which may or may not result in
her remaining in the profession long enough to attain a partnership position.
Research for this project consisted of a qualitative process using social cognitive theory
to provide descriptive analysis from which third-party organizations can draw inferences to
develop best practices further. Female attorneys from the New York legal market were recruited
and interviewed through the snowball method. This paper and research center on literature and
data collection designed to investigate female attorneys’ experiences, barriers, and influences to
analyze organization and market behaviors through the participants’ personal lenses.
Understanding these individualized perspectives can provide valuable insight to organizations in
further understanding the variables that affect female attorney attrition to assist in retention
efforts.
Organization of the Dissertation
The content of this dissertation consists of five chapters. Chapter 1 details the purpose
and importance of this paper and its subject matter. Chapter 2 is a comprehensive overview of
the existing research regarding the gender gap in the legal profession. It presents scholars’
theories and conclusions on elements contributing to the problem of practice. In Chapter 3, the
subject matter includes the research design and methodology, study details, participants, and
study organization. The final two chapters discuss the operational research conducted. The
detailed results of the study are demonstrated in Chapter 4, and Chapter 5 provides an
interpretation of the results.
GENDER GAPS IN THE LEGAL PROFESSION 7

Chapter Two: Review of the Literature
The purpose of this literature review is to provide contextual background and details
regarding barriers and supports concerning female attorney retention that result in a gender gap
problem at the partnership level of private law firms. The problem addressed in this paper is that
female attorneys face a much more significant gap in retention levels in private law firms than
men. To investigate the issue, examining barriers that female attorneys face before reaching the
level of partnership is necessary. The problem does not originate at the point of promotion but
throughout a female attorney’s career, potentially even in law school. The entire career trajectory
is paramount to understanding why there are fewer female attorneys than male attorneys. Hersch
and Meyers (2019) pointedly described this phenomenon by first explaining that the study of
attorneys and job satisfaction is flawed. Female attorneys leave the profession at a much higher
rate than men, so by definition, a survey of attorneys still in the field would not show
dissatisfaction. It is vital to examine the entire career track of female attorneys to fully
understand the barriers faced by women.
The first part of this chapter describes both the background of women in law and the
career trajectories of attorneys in general. The chapter then provides an overview of the barriers
faced by female attorneys that men experience to a lesser degree. This chapter culminates in a
discussion of social cognitive theory, which explains the relationships between self-regulation
subcomponents such as self-efficacy, behavior, personal beliefs, and environment and how these
associations motivate the decisions and actions of female attorneys throughout their careers.
Background of Female Progression in Private Law Firms
Examining the progression of the gender gap from inception through the career apex
(partnership) to understand female attorneys’ attrition from private law is imperative (Adams &
GENDER GAPS IN THE LEGAL PROFESSION 8

Engel, 2015). Simultaneously, addressing the obstacles that affect the retention and progression
of female lawyers is paramount (Kay et al., 2016; Purvis, 2018). This lens provides analysis
demonstrating that during the trajectory of a female attorney’s career, various impediments exist.
This growing gap is demonstrated by the ABA (2021). Its data showed that since 2015, the
number of female law students has grown every year; however, in 2021, women represented only
37% of attorneys.
In addition, research on the topic confirmed that the number of law graduates is
approximately equal between men and women, but female attorneys hold a much lower ratio of
equity partnership positions among private law firms, approximately 20% (ABA, 2021; National
Association for Law Placement [NALP], 2019a). Therefore, women are leaving the profession at
a greater rate than men, which is demonstrated in the growing gap between graduates and
partners (Hersch & Meyers, 2019). Following their research on all legal partners among ranked
law firms, Adams and Engel (2015) stated that although the numbers are not precisely equal, the
numbers are gradually leveling and the problem is correcting. Although Adams and Engel stated
that the problem is balancing, it does so by incremental strides and not by addressing underlying
causes. It is more likely that minor corrections in the situation are attributable to more women
than men consistently entering the field and not because issues such as attrition are being
addressed (ABA, 2021). The ABA (2017) is the leading national association for attorneys and
stated that women comprise 45% of associates yet only 19% of equity partners in private law
firms.
Much of the existing research varies on the quantifiable definition of the issue due to
differences in authorship dates. However, recent data showed that the number of female law
students has risen with every class since 2016, whereas the number of male students has declined
GENDER GAPS IN THE LEGAL PROFESSION 9

since 2010. Male enrollment is only 67% of what it was in 2010, with women drastically
outnumbering men in 2019 by more than 7,000 students. In 2010, women represented 31% of
attorneys, and in 2020, the number had grown to 37% (ABA, 2020). The ABA (2020) also
determined that in 2019, female attorneys comprised 21% of partners with firm ownership
(equity) compared to 15% in 2012, and they represented 31% of partners with no firm ownership
compared to 25% in 2011. Statistics distinctly demonstrate the gender disparity in private legal
firms. More women attend law school than men; however, the gender gap increases as career
paths progress and more women exit the profession (Liebenberg & Scharf, 2019).
Despite research suggesting the problem is correcting or is being incorrectly analyzed,
direct quantitative evidence shows that female attorneys do not make partner at the same rate as
men. Sterling and Reichman (2016) explained that in 2006, the National Association of Women
presented the Austin Manifesto to urge law firms to double their female equity partners in 9
years. Rickleen (2015) showed that almost no progress was made in those 9 years, despite
institutions expressing motivation and a willingness to adopt the challenge. Rickleen (2015)
called it a “story of institutional failure” (p. 26).
Legal Career Trajectory
In any discussion of the legal gender gap, it is essential to understand the attorney’s
career trajectory. Although the research in this area is dated, it demonstrates an institutional
structure that is inflexible and unchanging. Wilkins and Gulati (1996), in their discussion of the
role that institutional structures play in the minority gap, detailed the typical private law firm
attorney career path. Most law firms are created as partnerships or entities in which different
individuals hold shares or ownership. The top tier is a partner who supervises associate attorneys.
Associates are typically junior attorneys on a trial period or track to partner with a duration of 4
GENDER GAPS IN THE LEGAL PROFESSION 10

to 10 years. Research shows that this pattern has remained static (ABA, 2020; Gorman, 2005;
Wikins & Gulati, 1996).
Historically, firms have utilized an up-or-out rule, requiring associates to qualify for
partnership or leave the firm (Park & Rim, 2020). The up-or-out rule has subsided, and lateral
movement and other factors have played a more significant role in career paths. However, it is
still standard practice that a lateral hire with, for example, 5 years of experience would be hired
as a fifth-year associate (Kaye & Reddy, 2008). Most law students who want a career in private
law firms apply to each firm, and then the firm reviews the student’s grades and experience and
the student moves to the next phase, which is interviewing with a hiring partner or hiring
committee. The student then meets with hiring partners and committees before being brought
into the firm as a first-year associate (Gorman, 2005). The summer associate to first-year
associate system creates a tiered structure in which attorneys become heavily invested in
becoming a partner from their initial hire date. Tiered structures contribute to partnership
becoming the ultimate goal. Kaye and Reddy (2008) explained that law firms have ultimately
created two-tiered partnerships, equity and member partnerships, to keep associates in the firm
without granting them equity ownership. An equity partner is one who receives at least 50% of
their salary from the firm’s profits, whereas a member partner remains compensated mainly
through salary. However, a member partner still benefits by achieving a tenured or partner status
but does not have voting rights in the firm’s day-to-day operations. This dual-level partnership
allocation has allowed firms one further tier and an additional resource to make equity partner
titles even more prestigious and elusive (Kaye & Reddy, 2008). Nonequity partners and other
invented titles allow firms to continue to employ certain attorneys without conveying partnership
GENDER GAPS IN THE LEGAL PROFESSION 11

status. Triedman (2015) explained that some women referred to nonequity status as the “pink
ghetto.”
However, Azmat and Ferrer (2017) demonstrated that when asked, on a 10-point scale,
about their goal to become an equity partner, 60% of men answered 8 or higher, compared to
only 32% of women. Azmat and Ferrer (2017) used this career aspiration figure to demonstrate
incentive and ambition to explain differences in variables such as billable hours and new client
generation. However, in a detailed qualitative interview process, Pringle et al. (2017) showed
why many female attorneys might be chilled to the idea of becoming partner simply due to the
process and culture. Their participants shared statements such as:
You have a lot of these middle-aged or getting older men that have worked in the
profession for all their years, played golf or whatever, and that’s a very tight—very hard
to compete with that, as a woman. But you just get on with it. (p. 443)
I mean it is a really hard job and it saps an enormous amount of your time and it is not
particularly consistent with good parenting … not necessarily consistent with other things
people have to do particularly in between 30 and 40 when they are your peak aspirational
years. (p. 441)
Pringle et al. (2017) argued that overall, women accepted the law firm hierarchy and its
inherent processes and cultures. Therefore, many women may have an attitude of acceptance and
may abandon partnership aspirations simply by not being willing to accept the tradeoffs.
However, the impetus for change should not be placed on an individual level but on
understanding the organizational barriers to progress (Tomlinson et al., 2013; Walsh, 2012).
GENDER GAPS IN THE LEGAL PROFESSION 12

History of Women and the Legal Profession
Understanding the history of women and the law provides some understanding of female
attorneys’ progress and the system, namely entrenched traditions and patterns. The entrenched
patterns both in the exclusion of women and practices developed for hiring, mentoring, business
development, and promotion ultimately present substantial systemic barriers for female
attorneys. The private law firm was founded on pillars that disfavored women, including social
networking, billable hours, and financial requirements for partnership (Azmat & Ferrer, 2017).
Female Attorneys and Acceptance into the Law
Women have consistently faced barriers to acceptance in the field of law since the early
1800s. In Bradwell v. The State (1873), Myra Bradwell submitted to the U.S. Supreme Court a
claim that under the 14th amendment and as a citizen of the United States, she had a right to a
license to practice law. Her attorney eloquently argued her case, saying:
There may be cases in which a client’s rights can only be rescued by an exercise of the
rough qualities possessed by men. There are many causes in which the silver voice of
woman would accomplish more than the severity and sternness of man could achieve. Of
a bar composed of men and women of equal integrity and learning, women might be
more or less frequently retained, as the taste or judgment of clients might dictate. But the
broad shield of the Constitution is over them all, and protects each in that measure of
success which his or her individual merits may secure. (para. 32)
The court ruled against Bradwell, stating that the right to practice law is not considered a
privilege and immunity granted under the 14th amendment. Justice Joseph Bradley, in his
concurrence with the court’s opinion, stated that “man is, or should be, woman’s protector and
GENDER GAPS IN THE LEGAL PROFESSION 13

defender. The natural and proper timidity and delicacy which belongs to the female sex evidently
unfits it for many of the occupations of civil life” (Bradwell v. The State, 1873, para. 51).
Women began to attend law schools and gain membership to the bar in the late 1860s, but
not until nearly 100 years later did the last law schools abolished admission requirements
hindering women. However, some schools continued discriminatory admissions even after
women received the right to vote well into the 20th century (Weisberg, 1977). Arabella Babb
Mansfield gained admission to the Iowa bar in 1869, becoming the first official female attorney
in the United States (Mossman, 2006). Mansfield’s access did not lead to broad sweeping
changes, and Weisberg (1977) explained that women in Wisconsin, Massachusetts, and the
District of Columbia were denied admission through the 1890s. Weisberg (1977) also
demonstrated that women were denied admission to specific law schools until 1972. One
substantial issue facing women was statutory construction. Legislators had not considered that
women might become attorneys, and many cases, such as Manfield’s, were determined by courts
overruling the masculine pronouns existing in state laws.
Systemic Hiring Practices and Entrenched Promotion Traditions
In 1946, Robert Swaine published a book titled The Cravath Firm and Its Predecessors.
Swaine, a firm member, presented a detailed history of the Cravath firm and its cases from 1819
to 1947. The Cravath firm is known for the Cravath System, which creates a large, specialized
staff of attorneys by recruiting attorneys from law schools in a precise, traditional, and selective
process. The method led to the partnership and associate system that exists today, promoting
associates from within and providing specialty practice areas. This method is essential to
understand because it plays a prominent role in law school pressures and the motivations of
young attorneys (Carroll & Brayfield, 2007). In addition, the Cravath System continues to be the
GENDER GAPS IN THE LEGAL PROFESSION 14

standard today, demonstrating a systemic structure that is slow to change and strict in tradition. It
reflects the movement from small, individualized firms to the large, corporate firms that exist
today.
Swaine (1946) presented his hypothesis as the future of law firms being bound to big
business. Specialty areas and attorneys that would hold quasi-partnership roles in the corporate
entity would make clients feel comfortable while at the same time having the security of
knowing that attorneys were protecting their interests. Haylock (2008) discussed this period
between 1890 and 1930 and stated that it was a time when individualized work ethic began
changing to a social theory that could be better accomplished in large firms with different
specialties. He also commented that it became a time when society felt more secure with
membership in reputable organizations. Swaine (1946) demonstrated that law firms were
becoming close-knit partners with business, and attorneys began specializing. Attorneys catered
to the individualized needs of those businesses and contributed to the social theory that Haylock
(2008) discussed.
As the profession of law followed Swaine’s (1949) hypothesis and began to align itself
with big business and specialty areas of practice, law firms began to transform into corporate
companies. This transformation would lead to significant growth in the industry and a large
influx of female attorneys. If the first significant expansion of the legal profession occurred in
the late 19th and early 20th century, the second great expansion and the one that affected women
extensively happened in the late 20th century, from 1960 to 1985 (Abel, 1991; Sandefur, 2007;
Sterling et al., 2007). This period directly followed women’s pioneering admissions to law
schools and the bar.
GENDER GAPS IN THE LEGAL PROFESSION 15

Women’s Opportunity through High Growth
Following Swaine’s (1949) hypothesis of law firm growth, Smigel (1969) explained that
in 1960, the largest firm in the United States, and presumably the world, had 125 lawyers.
Smigel also discussed these new, business-oriented Wall Street firms, saying they preferred
handsome, young lawyers from well-established schools. This growth persisted, and at the
beginning of 1980, the number of lawyers in the United States was more than 540,000 and had
grown to more than 640,000 by 1984. Abel (1991) described this growth and the more business-
oriented construction of firms by explaining that in 1982, the most extensive law office in
existence was the legal department of AT&T, which featured 909 attorneys.
The trajectory of the profession, although not perfectly, continued to slowly open doors
for female attorneys. However, understanding this background helps explain the traditions,
structure, and practices that have been barriers to women in the profession. Epstein et al. (1999)
discussed how the profession achieved record success by 1989. This growth had created an
incredible demand for female attorneys, and some firms had begun discussing maternity leave
issues, flexible time, and even partnerships for part-time attorneys. In 1990, the growth slowed as
hiring and layoffs increased, and researchers began to study disproportionate effects of economic
conditions on women (Epstein et al., 1999).
Downturns Disproportionately Affect Women
Although the profession continued to grow through the late 1990s and 2000s, NALP
(2019b) reported that during the 2008 recession, the number of female attorneys working in
private law firms had dropped. Although researchers have had difficulty determining why this
occurred due to the total number of attorneys also dropping, Epstein and Kolker (2013) posited
that women were more likely to be part-time attorneys and among the first to be laid off. In
GENDER GAPS IN THE LEGAL PROFESSION 16

addition, programs that assisted with diversity and mentoring were discontinued for lack of
funds, which could have disadvantaged women. Sterling and Reichman (2016) detailed many
issues that generally affect female attorneys, such as implicit and confirmation bias,
compensation disparities, and gendered organizations. However, they stated that following the
2008 recession, private law firm inefficiencies were exposed. New fee structures were
introduced, hiring practices were implemented, and titles were renamed to assist firms in
recovery efforts. These changes made by firms disproportionately affected women (Sterling &
Reichman, 2016).
Equally, Pelura (2021) showed that in 2020 during the COVID-19 pandemic, women
were disproportionately affected again concerning their positions in the workforce. NALP
(2019b) showed that the number of female attorneys had only started to return to previous levels
when the COVID-19 pandemic began. Pelura (2021) stated that the pandemic highlighted the
inequities faced by caregivers. Although remote work assisted in ameliorating some issues, many
primary caregivers, disproportionately women, had to adjust their careers to adapt, and many left
the profession. The coronavirus became another barrier to the retention of female attorneys.
Possible Barriers to Female Attorney Retention
There are many possible barriers to the retention of female attorneys, leading to the
gender gap present at the partnership level of private law firms. Many female attorneys exit the
profession before a partnership opportunity emerges. If the number of female attorneys
diminishes, the pool of applicants for a partnership is lower, creating the assumption that pre-
partnership attrition is the driving factor behind the partnership gender gap. However,
Liebenberg and Scharf (2019) showed that women continue to exit the profession in post-
partnership situations.
GENDER GAPS IN THE LEGAL PROFESSION 17

Female versus Male Attrition in the Legal Field
Women who choose a private law career continue to face various impediments over the
course of their career. Retention is one main barrier and becomes an overarching obstacle related
to other issues such as performance management, caregiver responsibilities, or billable hours.
Scholars have examined various causes, such as attrition (Kay et al., 2016), whereas others
focused on structural components such as systemic bias and behaviors (Ganguli et al., 2021;
Pearce et al., 2015). Attrition is also a significant contributor to the gender gap at the partnership
level as females exit the profession (Hersch & Meyers, 2019; Purvis, 2018). Jackson (2017)
demonstrated that in New York in 2015, 18.4% of women left the firms surveyed, whereas only
12.9% of men exited, and women made up only 35% of attorneys. However, Bambauer and
Rahman (2020) stated that overall, 30% of female lawyers are unemployed or underemployed at
ages 35–40, generally considered the golden age to build a career. Logically, female attorneys
cannot become partners if they have exited the field. NALP (2003, as cited in P. A. Patton, 2005)
showed that nearly 9% of female attorneys left their jobs within 1.5 years of being hired, and
within 4.5 years, more than 50% had departed. The trend continues—as Cohen (2016)
demonstrated, in Colorado, the largest number of female attorneys are 30–39 years old. If the
current state continues, only two thirds will make it to the 50–59 age group, whereas the largest
number of practicing men are in the 60–69 age group.
In a study by the ABA (2020), nearly 75% of men stated that the firm effectively retained
female attorneys, whereas less than 50% of women agreed. Anker and Krill (2021) demonstrated
in a sample of more than 2,800 attorneys that women were more likely to consider a departure
from the profession for stress-related reasons than men and consumed more alcohol than men.
They also found that a perceived belief in promotion affected the likelihood of men considering
GENDER GAPS IN THE LEGAL PROFESSION 18

leaving the law but did not affect women. Anker and Krill (2021) stated that women do not have
similar promotion expectations and therefore, it is not a factor in whether they consider leaving.
This ideology demonstrates the barriers women subconsciously face if they do not consider
partnership an option.
Reichman and Sterling (2002), respected scholars of female attorney attrition, studied the
movement of attorneys in the field and found that women change jobs in the field more often
than men (35% to 15%, respectively) and earlier in their careers. They also stated that attrition
could be predicted most accurately by gender. Concerning the problem of becoming a partner,
Reichman and Sterling found that women are more likely to move downward and from large
firms to smaller firms, lessening chances for a partnership.
Kay (2019) determined that a woman’s career path correlates strongly to gender and
stated that women are more likely than men to begin their career in public service as opposed to
private law. Dinovitzer and Dawe (2016) agreed, arguing that legal careers mirror society.
Different opportunities such as private law versus the public sector exist, and lawyers are sorted
in these various opportunities through identifiers such as law school ranking, gender, and race.
They also demonstrated that high law school GPA correlated with private law employment. In
contrast, a desire for social justice and work–life balance tended to disassociate with jobs in
private law. Dinovitzer and Dawe (2016) also confirmed that women are more frequently
represented in the public rather than the private sector.
The variable of choice is an essential concept in discussing female attorney attrition.
Aiken and Regan (2016) studied the inclinations of female and male attorneys. They found that
preferences for different job goals dictate to some extent whether attorneys practice in the private
or public sector. They demonstrated that men often remain in private law for financial reasons.
GENDER GAPS IN THE LEGAL PROFESSION 19

They also determined that lawyers gravitate to jobs outside of private law for training and
development. They stated that women are more likely to seek positions related to development
and therefore, are less likely to remain in private law firms. Aiken and Regan (2016) also found
that even when controlling for different sectors, women are more likely than men to leave a
position for caregiving. They stated that caring for the family pushes women toward job
migration and often out of the profession and demonstrated that almost 78% of the unemployed
participants in their study were women. They also argued that men and women choose
alternative paths from private law when leaving for family responsibilities.
Barriers to Female Attorney Progression in Private Law Firms
Female attorneys face many issues and barriers on their career path, from their legal
education to being hired as an associate, then promoted to a nonequity partner, and finally,
selected as an equity partner. Many of these issues are not salient, but researchers have analyzed
barriers that continue to hinder women’s partnership opportunities. Most of these barriers
contributed to women leaving the field before reaching the partnership apex (Kay et al., 2016).
Liebenberg and Scharf (2019), in an investigative report for the ABA, demonstrated this by
studying responses from both men and women and managing partners. They showed that all
parties agreed that caretaking commitments, desire to continue practicing, billable hours,
workplace stress, networking and marketing, promotion opportunities, and compensation are
leading reasons why female attorneys leave the practice of law.
Performance Management and Billing Hours
Billable hours are a barrier for any young attorney unwilling to be subjected to a system
of extreme competition for hours, working 1.5 hours for each billable hour. This formula creates
frustration due to the number of actual hours worked to gain the requisite number of billable
GENDER GAPS IN THE LEGAL PROFESSION 20

hours. However, legal firms continue with the system because it is perceived as an efficient and
numerical benchmark to measure the value of an attorney (Kaye & Reddy, 2008). Because profit
is a highly valued metric, one attorney billing 1,900 hours a year compared with one billing
2,200 hours a year at $300 per hour results in a difference of $90,000, and law firm partners take
note of the disparity. Since Kaye and Reddy (2008), some firms have attempted to curtail the
issue by implementing flexible time. One lawyer in Kay et al.’s (2016) study stated that she
worked only 15 billable hours per week, paid by the hour. However, she noted that this caused
her to receive only junior-level projects, no chance for advancement or leadership, and no
benefits. Sawyer et al. (2018) showed that billable hours affect all young attorneys concerning
attrition and stress; however, they provide a more substantial barrier to any individual without
the capability to devote a significant amount of time to the profession. In their discussions with
female attorneys who had exited the field to start their own practices, one woman responded that
the extremely long hours and stress are not worth the tradeoff of a balanced life. Kay et al.
(2016) also noted one respondent reported that billable hours significantly contribute to female
attorney attrition.
Azmat and Ferrer (2017) provided the most current and comprehensive data on gender
gaps in performance, finding that male lawyers bill almost 10% more in hours and generate
almost twice as much income. It is important to note that billable hours do not equate to hours
worked but those that can be directly assigned or billed to a client. Therefore, training,
networking, and firm meetings are not billable hours. Each firm has billable hour requirements
that are the foundation of promotions and measures of success. The benefit of Azmat and
Ferrer’s (2017) findings is the demonstration of why this occurs for women. They showed that
women are less likely to overbill clients. Ultimately, Azmat and Ferrer (2017) found gender
GENDER GAPS IN THE LEGAL PROFESSION 21

discrepancies in performance and that performance plays a prominent role in income and
promotion. Their findings suggest that discrimination by senior partners does not interfere with
performance, the presence of small children in the home negatively affects performance
measurements, and aspirations of becoming partner positively affect performance. Therefore, if
female attorneys perform at lower rates, it affects promotion, compensation, and retention.
However, this performance gap could result from a lack of mentoring, project assignments, and
firm marketing requirements (Kay et al., 2016).
Firm Marketing Requirements and Social Network Capital
In most firms in the legal community and other disciplines, attaining a high role such as
equity partner (owner) is determined by the revenue provided to the firm. For example, a law
firm may have a policy that you must have brought in $1 million of new business the previous
year to make partner. This policy increases the importance of a strong business network. Many
scholars have addressed the claim that women remain disenfranchised in private law firms due to
smaller external social networks that result in fewer potential clients and fewer internal mentor
opportunities (Azmat & Ferrer, 2017; Hughes, 2017; Sterling & Reichman, 2016).
Azmat and Ferrer (2017) studied performance effects on male and female attorneys. They
discovered that men are somewhat more likely to attend networking functions and much more
likely to participate in recreational events, such as golf. However, they found that each hour of
networking equated to raising $2,800, and this figure did not fluctuate between men and women.
They determined that each networking segment provides the same performance return for men
and women. However, this would appear to be the case when the event is planned and
networking requires only attendance and not reliance on social networks. Rainmaking has been
compared to having a perfect worker, someone who is always available to entertain, socialize,
GENDER GAPS IN THE LEGAL PROFESSION 22

and convert people to clients. For example, Sterling and Reichman (2016) showed that women
were more reluctant to spend time at country clubs, sporting events, or late-night dinners
traditionally associated with client conversion. Liebenberg and Scharf (2019) reported that 50%
of female attorneys surveyed stated that originating new business was an important to very
important factor in female attorneys leaving private law. This number ranked third in the reasons
listed.
Kay et al. (2016) explained that lawyers routinely selected to engage with influential
clients in new business recruitment were more likely to remain with the firm. This involvement
shows the importance of social capital in a firm, the availability of opportunities, and the impact
that any gender disparity could have on female attrition. If female attorneys are routinely not
included in high-profile client recruitment and not provided high-level assignments, it affects job
satisfaction, promotion, and compensation, resulting in attrition. Hughes (2017) demonstrated
this principle by finding that implicit bias negatively affects women when clients are
traditionally male because mentors and partners are more likely to assign the case to a male
attorney. This issue is magnified due to the competitive nature of client generation. Hughes
(2017) also showed that this problem is especially harmful when these gender dynamics affect a
woman’s ability to accumulate new business, thus hindering their ability to attain partnership
benchmarks. Kay et al. (2016), using qualitative interview data, quoted one female attorney as
saying:
In respect of gender, my view is that the business model applied to law firms makes
success a lot more difficult for women. Compensation based on the ability to attract
clients does not take into account the disadvantage that women may face in attracting
new clients. For the majority of files that I work on, I receive instructions from middle-
GENDER GAPS IN THE LEGAL PROFESSION 23

aged men – with whom it is largely impossible to socialize if you are a young woman. I
feel that I am at a terrible disadvantage when it comes to procuring new work which
means all of my work comes from senior lawyers in the firm. (p. 789)
Female Attorney Mentoring
Briscoe and Von Nordenflycht (2016) demonstrated the relationship between having a
robust network to bring in business and having a quality mentor. They explained that high-level
associate and partner attorneys make higher salaries through two methods: rainmaking and
inheritance. In some ways, it is like a pyramid scheme. The senior attorney and mentor can
inherit clients from partners exiting the profession or use a junior attorney to help recruit clients
and manage the work. The associate is rewarded by gaining experience, billable hours, and job
satisfaction if the case has a high profile. The mentor adds clientele to their book of business.
This process hinders female attorneys and performance if the mentor does not fairly assign
projects or discriminately attributes billing hours to different junior attorneys (Azmat & Ferrer,
2017).
Mentoring provides traditional instruction and feedback. It provides an additional social
network outlet to potential client sources. It provides a senior attorney who will pass assignments
to the mentee (Kay et al., 2016; Sterling & Reichman, 2016). Sterling and Chanow (2021) found
that women indicate the competitive environment makes them feel isolated. Women reported
that not having women in leadership positions made them feel as though no one could relate to
their professional experiences. Therefore, a mentor relationship can be highly valuable, with a
senior attorney providing instruction, guidance, and client access. It can also be a situation in
which a senior attorney has someone to pass work to and blame. The outcome hinges on the
bond formed between the mentor and mentee.
GENDER GAPS IN THE LEGAL PROFESSION 24

In many cases, this situation disfavors women, whether through unconscious bias,
discrimination, or any difficulties forming bonds between the sexes (Briscoe & Von
Nordenflycht, 2016; Sterling & Reichman, 2016). For example, Chowdhury (2016) found that a
leading discriminatory behavior against female attorneys was the distribution of assignments. In
many cases, a mentor is also a supervising attorney who provides projects and supervision.
Female attorneys are subject to the senior attorney and mentor’s discretion in their assignments,
resulting in possible discrimination because workloads are preferentially assigned, which has
been cited as a leading factor related to women leaving the profession. Unequal distribution of
projects results in fewer billable hours and a perceived lack of credibility for female attorneys
(Sterling & Chanow, 2021).
Discrimination
Many barriers previously discussed involve a degree of discrimination; however, this
section demonstrates discrimination in hiring, sex-based discrimination, and unconscious bias
revealed through perception and speech. Research by Sterling and Chanow (2021) showed that
women have described various forms of discrimination in the legal profession, contributing to
higher attrition levels. They found that women consistently face sexist comments that undermine
respect and make them constantly fearful of their chances for promotion. For example, while
working late, one woman had a partner comment that he assumed she would want to be at home
with her children (Sterling & Chanow, 2021). This comment created feelings that she was
viewed as not as committed as her peers. Many women in the study described their firms as
boys’ clubs, sexist, and racist and that women must have thick skin to be employed in a firm.
Women experience difficulties that their male counterparts do not have to contend with, such as
GENDER GAPS IN THE LEGAL PROFESSION 25

being mistaken as a nonlawyer, being interrupted, and being assigned office household duties
(WLU, 2020). Omari and Paull (2013) described one respondent’s thoughts on this matter:
I have also experienced a very different type of bullying at the bar—where you are
ostracised for not following the “boys’” ways. I was “leant on” to step aside and allow
one of the favoured boys to be elected unopposed. … I have also witnessed other women
and have been told too about the choice of clothes we wear and whether that enhances or
detracts from the bar. (p. 149)
WLU (2020) found that women experience tightrope bias, which is the stigma that
women must act feminine and according to the profession’s male-dominant characteristics such
as aggression, assertiveness, and competitiveness. It also reported that the percentage of women
receiving negative feedback for being assertive or angry in the workplace is much higher than
men. Wald (2010) described three types of stereotypes faced by female attorneys: They must
combat the idea that they are working women and not stay-at-home moms, the assumption that
they are incompetent and do not have the adversarial or business acumen for the legal world, and
that a household and children make them disloyal or uncommitted to the firm. Ultimately,
women become uneasy about their perceptions, creating feelings of stress and low job
satisfaction. This paradox becomes a self-fulfilling prophecy that is perpetually damning to
female attorneys. As it continues, women cannot rise to the top to help those below (Rhode,
2011). Ruth Bader Ginsburg, long before gaining a seat on the U.S. Supreme Court, discussed
women’s discrimination in the law at length. She told an anecdote of repeatedly having her son’s
school call her at work about his misdoings. She eventually instructed the school that the boy had
two parents it could reach. The school stopped calling because it did not want to take the father
GENDER GAPS IN THE LEGAL PROFESSION 26

away from his work. The discrimination that female attorneys face exists in but also outside the
firm (Ginsburg, 1986).
Compensation Discrimination
Although the gender pay gap is an enormous topic that could be addressed in a separate
project, it must be noted here as a barrier to women’s success. Nguyen Le et al. (2017) studied
gender pay gaps among dentists, physicians, and lawyers. They discovered that female attorneys
have the lowest gap among the three professions when adjusted for different variables, at 45%.
However, the gap is also the fastest growing, ballooning from 34% in 1990 to 45% in 2010.
Bambauer and Rahman (2020) studied society’s changing views on women in the workplace and
stated that women have arrived at a point where they expect discrimination in promotion,
compensation, and work assignments, which leads them to undervalue their careers compared to
similarly situated men and could partly explain why women are more likely to exit the
profession. However, Roberts (2019) reported that women negotiate differently than men.
Babcock (2003) agreed that women have different traits, one of which is lower entitlement, than
men, which leads them to believe, in some cases, that they deserve less and deters them from
asking for more. She performed a study of Carnegie Mellon master’s degree graduates and found
that men received significantly higher salaries than women; however, only 7% of women
negotiated compared to 57% of men. If as Bambauer and Rahman (2020) stated, it is valid that
women undervalue their careers due to unfair expectations, the compensation gap would
contribute to women exiting the profession prematurely.
Family and Work–Life Balance
Very little research exists regarding gender discrimination in private law firms that does
not address the issue of domestic issues, children, and commitments outside of the workplace.
GENDER GAPS IN THE LEGAL PROFESSION 27

Plickert and Sterling (2017) stated that although changes have occurred, gender gaps persist in
the profession, including the difficulty of balancing work and family. They also discovered that
mothers are more likely to be questioned about their workplace commitment than fathers.
Ultimately, they found that workplace discrimination surrounding family situations hinders
mothers’ work schedules and has a lasting impact on career trajectories. In their discussion of
attrition, Kay et al. (2016) and Plickert (2019) pointed out that women who reserve time for
parental leave are more likely to stay in a firm. This demonstrates that a firm that is willing to
provide time away is more likely to retain attorneys and may also generate loyalty when a parent
chooses to return. Walsh (2012) found that almost all female attorneys felt that their progression
was limited, but a firm’s willingness to address work–life balance somewhat alleviated these
concerns. Nevertheless, Ganguli et al. (2021) reported that women are more disposed to exit a
firm for family and work–life balance, whereas men are more likely to leave for career-building
reasons.
Hakim (2006) dictated that flexible family-time policies increase gender disparities in
workplaces. Women vary concerning career aspirations. Some female attorneys have a singular
goal to become partner and do not have children, whereas others wish to be mothers. Hakim
(2006) argued that creating policies that cover both ends of the range of choices is misguided and
does not address all goals.
Hakim’s (2006) preference theory was controversial, and Kan (2007) researched the idea
further. Kan found strengths and weaknesses in Hakim’s approach. Kan found that constraints on
a female attorney’s career and preferences will shape her professional progression. Kan (2007)
found that a career-centered woman will continue to work full-time, choose not to have children,
and treat childrearing differently than family-centered women. This finding is consistent with
GENDER GAPS IN THE LEGAL PROFESSION 28

Hakim (2006) and her preference theory. However, Kan also explained that the group of career-
centered women juggling a family instead of choosing not to have children is a small sample.
Kan (2007) also posited that ongoing employment could alter how a woman perceives her
choices. A female attorney may find that she has become more career centered with experience
or other employment-related policies or practices.
Conversely, the workplace environment may shift her preference away from her career,
demonstrating the need for firms to be mindful in constructing their environments. The concept
of choosing a career track over having a family has incubated the term “mommy track,” which
has been implemented by researchers such as Noonan and Corcoran (2004) and Redd (2019).
The theory of choice becomes imperative in studies examining the retention of female attorneys
because it demonstrates the possibility that female attorneys choose to leave the profession to
have a family, thus affecting retention rates.
Slotkin (2002) found that attorneys expressed a desire for balance and flexibility when
asked about their ideal professional experience. Thornton (2016b) described the private law
environment as extremely rigid, competitive, and driven by long hours and revenue generation.
She found that new technologies may provide flexible relief and options to attorneys wishing to
balance career with family. It may also create a more stressful environment as “the division
between the economic realm and the home dissolves” (Thornton, 2016b, p. 21). Thornton
(2016a) demonstrated the dichotomy between an attorney’s desires for a personal life or the
“good life” and the effects on retention. Her qualitative study produced this comment from a
private law firm partner encapsulating the relationship between a legal career and female
attorney retention:
GENDER GAPS IN THE LEGAL PROFESSION 29

The number of women who choose to opt out at about the age of 30 is just a huge
worry. … In mercenary terms, you’ve spent a fortune developing them, just when they’re
suddenly going to really make money for you, they decide that the personal life is more
important. … My firm is really working very hard to try to deal with it, but it’s not easy
within the model of law firms like ours. (p. 15)
Potential Solutions for Retaining Female Attorneys
Regarding solutions surrounding the retention of female attorneys, in an ABA report by
Sterling and Chanow (2021), one interview respondent stated, “it will take men being
uncomfortable when there is an absence of women in the room. Men are not uncomfortable yet”
(p. 33). In 2018, the ABA implemented a rule (Resolution 109 to amend Rule 8.4) to combat the
harassment and discriminatory behavior exhibited toward female attorneys. D’Angelo-Corker
(2019) explained the implications of the new rule and stated that law schools should combat the
problem sooner and implement courses and education on the topic. In addition, ongoing
education on this issue should be included in the required continuing education credits that
attorneys must acquire each year for licensure.
The Sterling and Chanow (2021) report is very recent and gave suggestions that law firms
can implement to assist in closing the gender gap. First, they admonished firms to create a plan
based on data and metrics to fully understand the issue and set timelines to fulfill goals. They
also explained that it is beneficial to ensure that women are on strategic committees for the firm,
increase lateral hiring of female partners, and create training programs regarding diversity.
Pinnington and Sandberg (2013) also encouraged examining promotion practices, succession
planning, more robust feedback, and performance management involving female attorneys and
advocated for simple and transparent conversation. Rhode (2011) stated that many solutions
GENDER GAPS IN THE LEGAL PROFESSION 30

focus on “fixing” women, when reality dictates that programs must be structured to repair
systems and institutions.
The UC Hastings College of the Law’s Center for WorkLife Law (2013) has suggested
that firms can reorganize processes to reinvent attorneys’ career experiences. It provided
roadmaps to address the number of hours worked by attorneys by hiring a balanced hours
coordinator, combating implicit bias, changing how attorneys are compensated, and monitoring
assignment disparities.
External solutions are being implemented to assist in the problem. The University of
Texas implemented a program designed to help female first-year associates learn vital skills,
network, and gain a high-level understanding and viewpoint of the inner workings of a law firm.
This program seeks to give female attorneys the assets necessary for success in private law
(University of Texas, 2021).
P. A. Patton (2005) explained that once firms implement a policy, it needs to be tracked
and enforced. A firm may establish a policy allowing flextime, but it needs to ensure that those
who need it take advantage of it can do so without repercussion. Rhode (2011) stated that
diversity training, pipelines and hiring, customized networks, and mentoring programs affect an
organization’s change. These components, if implemented correctly, could address many of the
issues facing female attorneys. Mentoring programs need to be microanalyzed to ensure that
work share is proportionate, access to client networks is fair, and senior attorneys are counseled
on the importance of gender diversity among their associates (Kay & Wallace, 2009).
Outside of professional private law firms, external organizations can provide resources to
alleviate discrimination. Female attorney attrition will likely drop as discrimination dissipates,
creating a larger pool of candidates for partnership positions. Wald (2010) argued that state and
GENDER GAPS IN THE LEGAL PROFESSION 31

federal professional rules of conduct should be amended to more strictly combat discrimination.
He also explained that bar associations should create external mentoring programs and that
attorneys should be required to take a specified number of continuing education credits on
discrimination. Pinnington and Sandberg (2013) stated that human resources departments should
create and encourage best practices, further constructive debate, and examine flexible working
situations.
Last, clients should be the ultimate driving force. Private firms will abandon their apathy
if clients begin to demand equity (Conley, 2006). Some clients have started this practice, as
shown by significant corporate actions. The Minority Corporate Counsel Association (2014)
demonstrated this corporate demand for diversity by reporting on the Engage Excellence
program. The program involves companies such as Walmart, Dupont, and Verizon. They have
all committed a certain percentage of legal funds to further the diversity advancement of
impacted attorneys. In the current situation, firms understand that the clients have a limited pool
of large, knowledgeable, and powerful firms and do not feel pressure to change (Conley, 2006;
Rhode, 2011).
Much can be done to assist female attorneys in remaining in the profession and lengthen
their careers, resulting in a higher number of female partners in private law. The reviewed
research shows that female attorneys face many issues that affect their decisions to remain in
practice, including discrimination, performance management, and family responsibilities.
However, it is also possible to address these issues and any systemic approaches inherent in the
private practice of law to create a balanced work environment for female attorneys.
GENDER GAPS IN THE LEGAL PROFESSION 32

Conceptual Framework
This paper uses social cognitive theory as a lens to view the problem of practice of
retaining female attorneys in the profession. Bandura (1991), as the father of social cognitive
theory, discussed individuals’ behavior as a triad of self-influence. He explained that individuals
self-assess the elements that determine their behavior in conjunction with the effects of that
behavior. Humans also examine their actions through the lens of their personal standards, beliefs,
and morals. In addition, environmental circumstances also contribute to behavioral patterns.
Bandura (1991) posited that human actions are dictated by forethought. He determined that
humans form suppositions about what they can accomplish, anticipate results, set goals, and
dictate strategies for moving forward. Equally, Lin et al. (2020) detailed social cognitive theory,
outlining how an individual’s behavior will be determined by motivation, self-efficacy beliefs,
and environmental factors such as conflict and competition.
The problem of practice addressed in this paper is that female attorneys face
environmental barriers that affect their retention in private law firms. However, it is imperative
to note that the problem is not a simple cause and effect but a linear challenge with branches of
reasons. For example, research has shown that beginning in law school and through the duration
of a female attorney’s career, numerous discriminations, pay disparities, and environmental and
personal pressures affect female attorneys differently than men (e.g., environmental, personal;
Gessen, 2017; Noonan et al., 2005).

GENDER GAPS IN THE LEGAL PROFESSION 33

Discrimination occurs throughout a woman’s career and may manifest itself when a
woman and man are being considered for partner. However, a more significant contributor is
how discrimination affects female attorney retention. They may exit the profession before a
partnership opportunity arises (behavior). Therefore, the myriad reasons female attorneys leave
the profession need to be addressed, which will illuminate a multifaceted foundation that highly
contributes to women not attaining a partnership role (Reichman & Sterling, 2002).
Furthermore, specific reasons why female attorneys exit the profession before attaining
partnership (behavior) are contributors to social cognitive elements (personal, environmental).
For example, if a woman faces discrimination as an associate attorney in a private law firm
(Fritsch, 2002), her behavior may be regulated by personal elements and her environment.
Figure 1

Conceptual Framework Design
GENDER GAPS IN THE LEGAL PROFESSION 34

Many researchers of the gender gap embrace social cognitive theory and demonstrate its
efficacy in establishing the effects of behavior, standards and beliefs, and environment on self-
regulation. For example, Wieland et al. (2019) found that assigned, fictional, and entrepreneurial
endeavors aligned or mis-aligned with female and male reported genders affected self-efficacy,
presupposed endeavor successes, and risk assumptions. Hardin and Longhurst (2016) focused on
science, technology, engineering, and mathematics and differences in men’s and women’s
successes and goals. They found that increases or declines in self-efficacy directly affected a
student’s level of interest. The researchers studied social cognitive mechanisms to investigate
interventions to decrease the gender gap in these fields. Lent et al. (2000) concluded that self-
efficacy and expectations influence interests and choices. They also found that an individual’s
perceptions of barriers and support weakly affect choice. If an individual perceives an obstacle, it
will negatively affect a choice in which they are interested. Cunningham et al. (2005) built on
this research by explaining the relationships among expectations regarding outcomes, self-
efficacy, interests, and choice. They showed that interests are affected by expectations and self-
efficacy, which in turn, involve vocational decisions.
The research surrounding social cognitive theory strongly supports its use as a lens to
examine obstacles that affect the retention of female attorneys. Female attorneys face
discrimination barriers, personal struggles, lack of mentorship, performance evaluation
differences, and many other systemic undertones that affect their decisions and motivations
about continuing to practice law and how they view future goals and expectations (Azmat &
Ferrer, 2017; Omari & Paull, 2013; Plickert & Sterling, 2017; Reichman & Sterling, 2002).
Using elements of choice with behaviors and components of barriers and supports concerning the
GENDER GAPS IN THE LEGAL PROFESSION 35

environment and personal aspects of belief and interest, social cognitive theory provides a strong
foundation for examination of these challenges.
Summary
This literature review explored in-depth research regarding female attorneys’ career
tracks and barriers to retention in private law firms. Prior research has provided context about the
issues faced by female attorneys as opposed to male attorneys and how the barriers evolve in
different periods—e.g., women face barriers in law school that may affect later stages of their
careers. Existing research also examined the various factors that contribute to a female attorney’s
progression. Various components such as discrimination, hiring bias, lack of equitable mentor
programs, billable hours, and the Socratic method all contribute to the career track of a female
attorney. These elements can be defined and correlated using social cognitive theory. This theory
assists in understanding the relationship between the psychological subfunctions of self-
regulation described by the theory’s creator, Albert Bandura (1991). The subcomponents of
behavior, personal standards and beliefs, and environment demonstrate a relationship that affects
the choices and motivations of female attorneys. Prior research has illuminated the fact that in
most instances, female attorneys leave the profession before ever having the chance to be offered
a partnership position. If as research has shown, many female attorneys leave the profession for
family reasons, organizations would be well served to take note of environmental and cognitive
factors affecting behavior and take steps to remediate these issues. Providing these remedies
could have a cooling effect on attrition as attorneys become equipped to have a family and
progress in their legal roles. Understanding the motivations and drivers of behavior and
underlying catalysts such as discrimination will be paramount in providing resources to eliminate
attrition among female attorneys.
GENDER GAPS IN THE LEGAL PROFESSION 36

Chapter 3: Methodology
The purpose of this dissertation is to examine factors that influence female attorney
retention in private law firms employing more than 100 attorneys as this is traditionally this has
been assumed as a big law firm. In doing so, the study further illuminates discrepancies, such as
the number of men and women who have attained a partnership position in private law firms.
The study’s determinations contribute to existing research and provide a deeper understanding
among private law firms about the minutiae contributing to the attrition, discrimination, and
gender gaps in the industry. This understanding provides direction for solutions that may be
employed to combat the problem and equalize the gender gap for retention purposes. This
chapter restates the formal research questions, details the participants’ characteristics, outlines
the methodology utilized in data collection, and discusses ethics and credibility.
Research Questions
1. What environmental influences affect female lawyers’ decisions to remain in the
profession?
2. How do personal influences affect female lawyers’ decisions to remain in the legal
profession?
3. How has the COVID-19 pandemic affected female lawyers’ beliefs or behaviors
about remaining in the legal profession?
Overview of Design
Merriam and Tisdell (2016) explained that the first step of research is determining what
you want to know. This study sought to understand what environmental and personal elements
influence women’s behavior and retention. It also investigated environmental factors that are
either barriers or assist in that progression, including the effects of COVID-19 as a barrier. The
GENDER GAPS IN THE LEGAL PROFESSION 37

study relied on qualitative methodology based on purposeful, semi structured interviews with
15–20 questions (Appendix A). This method provided data that can be analyzed by category,
content, theme, and theory using codification methodology.
Weiss (1994) discussed the idea of an information-gathering session or making a list of
topics before an interview to help develop questions that will ensure interviewees stay focused
on the targeted research questions. Using this method as a beginning tool before formulating the
actual questions is valuable and creates initial boundaries that contain the information according
to research questions and concepts.
Research Setting
Patton (2002) discussed sampling and posited that purposeful sampling involves
identifying subjects with purpose. He succinctly stated that bias is considered wrong in
quantitative studies but is a tool in qualitative research. The benefit lies in information seeking.
Patton (2002) explained that there are various types of purposeful samples. For example, there
are extreme, critical, typical, and snowball cases. This study employed a purposeful, snowball
interview process to recruit participants who are female attorneys with more than 2 years of
experience in private law firms. The study focused on female attorneys on the United States’
East Coast employed in firms with more than 100 attorneys.
The Researcher
Trainor and Graue (2013) explained that all research is based on the identities and
viewpoints of the researcher. They also noted that researchers who study identity-based theories
often are part of the group they endeavor to observe. As the researcher, I tend to relate to
research using a postpositivist worldview. I value an ideology in which there is a near-truthful
and concrete answer for specific problems. However, I also understand that social issues involve
GENDER GAPS IN THE LEGAL PROFESSION 38

myriad subjective components that require a constructivist view to untangle, such as the retention
of female attorneys. Human nature, social constructs, environmental factors, and individual
behavior are all created through subjective beliefs and preferences. This paradox requires
understanding multiple realities. In this project, it would be ideal to find a complete and
reparable solution to retaining female attorneys; however, previous research has shown that there
are potentially multiple reasons for the gender gaps in private law. Harrington et al. (2012)
defined post positivism as involving solutions that address differences that are not explained by a
single perspective. The retention of female attorneys cannot be reduced to a single, definable
solution and is constructed of a web of barriers, supports, environments, and behaviors that assist
in fully understanding the issue.
Due to the multivariate nature of the issue, it is vital to understand that my perspective as
the researcher contributes to the illumination of the problem. Scholars have extensively
examined the effects of the researcher on qualitative interview studies. Downey (2015) utilized
Cooley’s “looking glass self” elements and applied them to qualitative interview processes.
Downey explained that the looking glass self is constructed of three foundations: how an
individual imagines their appearance to another, the perception of the judgment of that
appearance, and the emotional reaction that accompanies those imaginations (Cooley, 1902, as
cited in Downey, 2015). Downey (2015) argued that time or deliberation could assist the
researcher in reflecting on how their past influences the project. Each individual becomes part of
the collective, which means that neither the subject nor the interviewer can be wholly separate or
unbiased. Researchers need to understand how their expectations, experiences, plans, and views
can affect a study and use reflection to anticipate and alleviate issues during the qualitative
process.
GENDER GAPS IN THE LEGAL PROFESSION 39

I am a straight, White, male attorney with the ability to understand and interpret the
marketplace, law firm construction, common language, and practices and reasoning in the
industry. However, this also had the potential to introduce precalculated viewpoints and
assumptions into the interviews. Awareness contributed to neutrality, and using reflection to
reconcile preconceptions with previous research provided a neutral balance. As Downey (2015)
insinuated through the looking glass self, the researcher will never be separate from the
interviewee, but taking time to reflect on how common ground can introduce bias will help
balance the process. Lyon (2017) stated that epistemology involves studying knowledge or
knowing, and different individuals take alternative positions. For example, our perceptions and
life experiences contribute to our understanding.
Creswell and Poth (2018) stated that the researcher should examine their biases and
disclose them so the reader will understand the researcher’s position. For this reason, as
previously stated, a lawyer looking into law firms may have different assumptions. My
background growing up in a small, rural town in Idaho provided me with specific viewpoints. I
have always been taught that hard work will get someone whatever they want in life.
Understanding viewpoints such as this can assist me in addressing biases. It may be simple for
me as a researcher to assume that there are no systemic issues and female attorneys should work
harder and “suck it up” to stay in the profession. As a man, I may be tempted to view the solution
simplistically as a woman’s need to leave the profession for family reasons. As a male attorney, I
may tend to view the industry from a male perspective, which usually involves a blinding effect
to underlying issues that women face. Understanding these viewpoints beforehand helped me
alleviate bias in both constructing my purpose and combating interview bias. Weiner-Levy and
Popper-Giveon (2011) explained that a researcher leaving out their personal positionality is
GENDER GAPS IN THE LEGAL PROFESSION 40

considered the “dark matter” of qualitative research that, if omitted, can influence the results or
content of the study (p. 2180). Delamont (2016) stated that the researcher should not try to
combat these effects but should attempt to comprehend them from the beginning to the end of the
project.
Data Sources
Interviews were the primary method of data collection for this study. Weiss (1994) stated
that interviews may last up to 8 hours, but most are less than 1 hour. This study employed
interviews spanning 45–60 minutes. The interview span is essential to this study due to
efficiencies, respecting the integrity of the questions, and considering attorneys’ billable time.
Both Weiss (1994) and M. Q. Patton (2002) discussed the advantages and disadvantages of
recording an interview. Weiss (1994) noted that recordings make participants feel constrained,
and information may not be provided extensively or openly. However, this project involved
analysis of verbatim material and recorded the interviews for accuracy. Following the COVID-
19 pandemic, society has become comfortable in online environments and more accustomed to
recordings. In addition, most online tools such as Zoom can transcribe interviews, followed by a
researcher-led accuracy review.
Participants
Interviewee recruitment took place through snowballing using social media and social
networks. Due to the foundation of the problem occurring at different stages during a female
attorney’s career, the sample can be broad so long as the participant has strong private law
experience. However, due to informality present during an interview with a participant
personally known to the researcher, a rule of first-degree separation was implemented.
GENDER GAPS IN THE LEGAL PROFESSION 41

This study sought to provide foundational knowledge to the industry of barriers and
supports that female attorneys face through their career trajectory to partnership and which
impediments contribute to the low ratio of female partners. A robust sample of representative
female attorneys will illuminate issues in the marketplace with the hope that solutions can be
better understood, implemented, and supported to generate a more equitable approach to
addressing gender gaps.
Instrumentation
Burkholder et al. (2019) detailed the different structures of interviews. The structured
approach allows very little flexibility, whereas the semi structured process mixes the elasticity of
an open approach and the structured method. The semi structured procedure allows for
improvisation while being guided by structured and prefabricated questions. Olson (2011)
agreed, noting that a semi structured approach enables the interviewer to build on previous
responses and ideas posed by participants. Johnson and Christensen (2015) referred to these
different types using variant vocabulary such as the interview guide approach. The interview
protocol utilized in this study is included in Appendix A. The protocol consisted of questions
involving environments, behaviors, and personal beliefs surrounding female attorneys and their
career progressions. One difficulty presented was the semi-structured method. Attorneys are a
sample that is accustomed to public speaking, sometimes in stressful situations, and tended to
provide longer answers and quasi-controlled the conversations. Attorneys are also extremely
busy so the time had to be respected. In some cases, this limited the number of questions that
could be discussed.
GENDER GAPS IN THE LEGAL PROFESSION 42

Data Collection Procedures
Data collection for this project took place in the form of interviews lasting 45–60 minutes
for each of the 11 participants. Each interview was conducted via Zoom, an online connection
platform that provides the ability for online collaboration, video, and recording. The Zoom
platform recorded each interview and provided transcriptions. The transcription ability is limited,
so each transcript was reviewed and polished as the data were analyzed. Lo Iacono et al. (2016)
detailed the advantages of using voice over internet protocol systems such as Skype for
qualitative interviews. They argued that certain technologies provide a more “democratic
research process” (p. 4). Tools such as Zoom allow interviews to be conducted personally but
virtually face-to-face while alleviating any distance problems. This enables researchers to
conduct interviews in locales that are most pertinent to the research. This concept applies to this
paper because the research was conducted in Utah with participants from metropolitan areas of
the East Coast of the United States. Lo Iacono et al. (2016) also explained that these
technological solutions alleviate time constraints and venue issues and make interviewees feel
more at ease. One interviewee in their study reported that being at home is more comfortable and
does not require a large part of the day to drive to a location to be interviewed. Following the
interview process, the interview transcriptions were reviewed and codified to analyze the data
objectively.
Data Analysis
Data was analyzed using thematic coding. The 11 interview recordings were transcribed
and then put through a secondary transcription service to clean the transcriptions for use. The
interviews were analyzed using different thematic codes that aligned to the different factors
inherent in both the research questions and the conceptual framework. The first level of coding
GENDER GAPS IN THE LEGAL PROFESSION 43

involved themes: Environment, Personal, Behavior, and COVID-19. The second level of coding
involved a base level of coding which corresponded to each of the first level. For example, codes
for Environment on the second level were: billable hours, revenue generation, firm supports, and
outside support. The tertiary level of coding involved separating the second level of coding into
descriptive elements of text that separated out as the most valuable. Using this layer of coding
allowed for intricate analysis of each component. This involved, for example, taking the category
of billable hours, and breaking it into smaller components such as: required at the firm, Number
of requisite hours, Accomodation for partner track, Effect on career perception, and so forth.
Credibility and Trustworthiness
Creswell and Poth (2018) provided validation strategies based on the perspective of the
researcher, participant, and reader. They outlined nine strategies and recommended that
researchers use at least two methods. This study involved two approaches from the researcher’s
lens by incorporating triangulation and clarifying bias. Merriam and Tisdell (2016) also
discussed the different methods of triangulation. Using multiple data sources, methods, theories,
or data gatherers allows for elements to be cross-checked, providing accurate results. This study
implemented multiple interviews and protocol reviewers who assisted with valid triangulation.
Richardson and St. Pierre (2005, as cited in Merriam & Tisdell, 2016) stated that triangulation is
more like a crystal than a triangle. It is imperative to consider the interview as having multiple
sides, variables, and perspectives and keep an accurate alignment when comparing data across
interviews. I constructed the interview questions and identified positionality, background, and
potential assumptions to combat bias. I reflected on this positionality frequently to ensure a
degree of neutrality. Merriam and Tisdell (2016) demonstrated that interpretation is vital.
Therefore, researchers must strive to interpret each interview as closely to its intent as possible
GENDER GAPS IN THE LEGAL PROFESSION 44

and take extreme care to not “spin” or alter the reality presented by interviewees. Poggenpoel
and Myburgh (2003) expounded on this by arguing that the researcher is an instrument in a study
and explained that if the researcher is not mentally comfortable or prepared or lacks experience,
the results can be biased.
Prior to executing the interviews, two female attorneys (not participants) reviewed the
questions for underlying bias, in addition to multiple committee members. These reviewers were
selected outside of the target metropolitan area but from a central metro area from my social
network. These similarities ensured the reviewers had related viewpoints and experiences
relative to the specific and detailed cadre of participants. Merriam and Tisdell (2016) discussed
external validity and generalization. External validity is another term that equates to a study
being applicable across multiple settings and situations. Although purposeful sampling limits this
to some extent, principles discovered here, such as why attrition is among women higher than
men, can be applied to multiple spaces when comparing research or situations.
The research also integrated one strategy from the participant’s lens by requesting
participant feedback, which Lincoln and Guba (1985) cited as an essential component of
demonstrating credibility. This study allowed participants to give feedback and review data
results and findings to ensure transparency and accuracy (Poggenpoel & Myburgh, 2003).
Merriam and Tisdell (2016) stated that adequate engagement and respondent checks are
paramount for credibility and internal validation.
Last, this paper incorporates two other Creswell and Poth (2018) strategies from the
reader’s lens. First, it provides in-depth details that allow the reader to correlate the information
and apply it to other areas due to similar components, adding transferability and validity. In
addition, a committee that provides an external check or peer review of the process represents
GENDER GAPS IN THE LEGAL PROFESSION 45

another strategy for validation. Lincoln and Guba (1985) stated that robust oversight keeps the
researcher honest. Creswell and Poth (2018) and Lincoln and Guba (1985) agreed that reliability
is founded on solid recordkeeping, interrater reliability and consistency, and keeping gold files of
record of all research plans and actions.
Ethics
An institutional review board’s mission is to protect human research participants.
Ensuring confidentiality is imperative in this study, because although the participants are not
likely to be acquainted with one another, the information they share could be prejudicial to them
or their careers should it become known in their firms or among colleagues. This study sought to
minimize risk to subjects by using confidentiality. Each participant consented to participation,
and research questions were sensitive only to the extent of discovering hardships, barriers, and
other information found in the interview process. Ensuring confidentiality to the extent of
assigning pseudonyms to each participant also provides a higher likelihood of valid and usable
data. The Zoom platform uses 256-bit AES GCM encryption to keep audio and video secure and
confidential. Each recording and transcript were stored on a password-protected drive with no
personal information attached to each file. In addition, each participant consented to be recorded
in writing when they confirmed their interview appointment by email. Last, interpretation and
presentation of the data are imperative for the protection of the study’s participants.
Understanding limitations on sensitive information and how it is presented was a focal point in
the data analysis and most importantly, how it is displayed.

GENDER GAPS IN THE LEGAL PROFESSION 46

Chapter 4: Results and Findings
The findings of this study are presented in this chapter. Three research questions were
examined during this study that focused on Albert Bandura’s (1988) social cognitive theory
concerning each element of the triadic reciprocity: environment, personal, and behavior. These
elements were utilized as a lens to determine what factors influence and female attorneys to
remain in the profession of private law. The research questions were framed using the language
“affect female attorneys to remain in the practice of law.” Despite questions attempting to
investigate positive influences on female attorneys’ decisions to remain in the practice, responses
tended to move toward barriers and challenges that influenced participants’ perspectives on the
practice for female attorneys. Interview questions that were structured as influences causing
attorneys to remain in the profession consistently elicited negative responses.
Bandura (1988) discussed his social cognitive theory as a triadic reciprocity involving
personal, environmental, and behavioral inputs/outputs and how those factors coexist and
influence each other with respect to an individual's choices and development. This relationship
and the principal thematic codes are demonstrated below:
Figure 2

Social Cognitive Theory Triadic Reciprocation

It is imperative to note that although all participants of the study were currently practicing
attorneys, many personal and environmental influences were hindrances or barriers to the
GENDER GAPS IN THE LEGAL PROFESSION 47

retention of female attorneys such as time factors (billable hours, revenue generation) as opposed
to influences that promoted retention such as love of the work or financial factors. There can be a
misconception that because the respondent continues to practice law, there have not been
influences or barriers that created a negative experience. In addition, it should be noted that there
were only slight variations in the responses across respondents. Most respondents presented
themes that were consistent across all participants. The data demonstrate that, for this study,
participants were tightly aligned for every element examined. The results provided a clear,
overarching theme: firm-imposed responsibilities and commitments outside of the firm affected
the amount of available personal time of all respondents. This lack of available time is the
overwhelming influence on female attorneys with respect to their decisions to remain in the
practice of law. The analysis of varying elements of time are presented below in two main
categories of environment/personal influences and the changes presented with the COVID-19
pandemic. In addition, many quotations are included from participants and, in some cases, are
above average in length. This was done purposefully to inject the tone, complexity, and
substance of participants’ responses.
Research Questions
The research questions that guided the study were:
1. What environmental influences affect female lawyers’ decisions to remain in the
profession?
2. How do personal influences affect female lawyers’ decisions to remain in the legal
profession?
3. How has the COVID-19 pandemic affected female lawyers’ beliefs or behaviors
about remaining in the legal profession?
GENDER GAPS IN THE LEGAL PROFESSION 48

Participants
The sample for this study consisted of 11 attorneys that had practiced for over 2 years in
firms with over 100 attorneys. Using the snowball method provided 21 responses but due to the
schedule of attorneys, 10 participants, ultimately were not interviewed due to time constraints. In
addition, there was substantial difficulty in a sample consisting of attorneys. In many cases,
attorneys by nature are cautious and simply did not trust the confidentiality of the process and in
other cases needed to get various approvals from their firm’s Human Resources and Public
Relations departments. Of the 11 attorneys that participated in the study, all were from firms in
major cities on the East Coast of the United States. To protect the anonymity of participants, ,
practice areas were not identified in the study.
The table below shows the participants’ identifying information within the study to
maintain confidentiality, whether they had taken advantage of firm accommodations throughout
their career, and whether they had considered leaving the practice of law. Firm accommodations
included flexible schedules, remote work, and part-time schedules.

GENDER GAPS IN THE LEGAL PROFESSION 49

Table 1

Summary of N = 11 Participants
Participants Utilized Firm
Accommodation
Still Practicing
A Yes Yes
B No Yes
C Yes Yes
D No Yes
E Yes Yes
F No No
G No Yes
H Yes Yes
I No Yes
J No Yes
K No Yes
RQ#1: What environmental influences affect female lawyers’ decisions to remain in the
profession?
Multiple environmental influences affect female lawyers' decisions to remain in the
profession. The respondents, representing female attorneys in private law firms with over 100
attorneys, most frequently expressed that the largest environmental influences on their remaining
in the practice of law were the nature of the legal profession and the environment’s requirements
on attorneys’ time. Other influences were structured firm programs and discriminatory behavior
but these elements influenced participants at a much lower level than those mentioned above.
Lastly, participants discussed changes to the status quo that could be implemented that would
increase female attorney retention.
GENDER GAPS IN THE LEGAL PROFESSION 50

Figure 3

Environmental Influences and Thematic Codes

It should be clarified for this analysis that the research question implies that the
environmental influences that affect female attorneys' decisions to remain in the profession are
favorable due to the nature of the study, in that the attorneys interviewed remain in the practice
of law at a large law firm. This implies that the factors discussed are those rationales that retain
attorneys. However, multiple factors also emerged that impact attorneys' decisions not to remain
in practice. The influences remain, although they are still practicing.
The Nature of Legal Work Was a Negative Environmental Influence
When analyzing the data, it became necessary to note at the forefront of the discussion
that the nature of legal work in large, private law firms is extremely taxing mentally and
physically for both male and female attorneys.
Respondent K demonstrated these principles by stating:
GENDER GAPS IN THE LEGAL PROFESSION 51

So every day, every single day that I go to work every day, I'm like, this is my last day.
Yeah, literally, every day that I go to work, I'm like, this is my last day at the firm every
day … I'm like, I gotta get out of a law firm because you know, you gotta bill hours and
there is a pressure to do so, I think what people don't seem to realize or maybe what
people don't like to talk about is, you know, in order to like, bill 1900 hours, you have to
work 2300 hours and in order to bill 2300 hours you have to work 2600 or 2700 hours.
The challenging nature of working in the legal profession is discussed at the forefront of
this chapter to provide a foundation for subsequent elements and influences. Among participants,
the overall nature of legal work became a foundation for the majority of responses as it underlies
many aspects of time, work/life balance, and mental well-being. As respondent E stated,
I don't think that the practice of law should sometimes be as hard as it is, you know, like,
not mentally, I mean, but you know, just like the life of a big lawyer. I mean, I don't think
we're saving lives here. So I don't know that we really need to killing ourselves in the
process.
Of the participants, 100% discussed the difficulty of working in the profession of law
within a large firm. In addition, 8 of the 11 participants claimed that there is never time off; that
there are very few nights, vacations, or weekends where attorneys are not working, as one
participant H stated, "When people are paying so much for their attorneys. They expect them to
be available all the time." In addition, respondent I contributed to this element by stating,
I've certainly considered leaving, mainly just because, you know, I'm just not sure that the
practice of law in a firm setting is really the best lifestyle. It is very high pressure. And,
you know, very demanding, not a lot of flexibility. Not a lot of real time off, you get sort
of the appearance of time off, but you're not really off.
GENDER GAPS IN THE LEGAL PROFESSION 52

Respondent J added to the concept of not having any additional time and the effect that it has on
mental well-being by stating::
This is a very stressful job. Yeah. And, you know, like, you can't stop thinking about it. I
think that's the thing. Like, they don't tell you in law school. Like if they told you
honestly. Okay, do you actually like to take a vacation? without doing any work on your
vacation? Then don't practice law. Do you, you know, want to have times where you're
not thinking about your work? Like, this is not a job that you can just leave. You don't
just cut it off, and then don't think about it all night or on vacation.
Although this number could be higher because it was not a direct question, 7 participants
stated that they had questioned remaining in the profession of law and balanced it against
work/life balance considerations. This was posited by Participant D:
And so as far as lawyers go, I have seen people say, not necessarily leave the firm, but
they've said, I don't want to be a partner. I want to have that balance. I'm going to be here
until you force me out. Basically, I'm not going to bill these 2400 hours or 2000 hours,
I'm going to hit the minimum. Because the last couple of years have taught me how
important balances are and they have taught me that I don't want to be, they've given me
a little bit of a break. I don't want to be that, that workaholic. I'm one of those people. I
always thought that I would be trying to be equity partner, I realized that I do not I do not
want to live to work.
Respondent C also contributed to this idea by stating:
something that's been brought up at our firm is that it's not money that's motivating these
younger attorneys and the newer attorneys, it's other things. It's the work life balance, it's
GENDER GAPS IN THE LEGAL PROFESSION 53

more vacation days, it's, you know what I mean, that separation from work, when they're
off, not calling them, emailing them.
As discussed below, participants detailed the nature of legal work as extremely taxing
due to its relation to time. The time required of the profession is so extensive that it becomes a
constant in the participants’ lives with seemingly no reprieve. As shown above, recent events
and changing cultures are starting to have an effect on the way that attorneys view the nature of
the profession moving forward.
Environment’s Time Requirements
Participants in the study presented a consistent theme directly centered around the time
commitments associated with the practice of law. This also reflects the participants’ perceptions
that the time impositions by the environment affect females differently than males. This study’s
findings showed that in many cases elements of the work environment are misaligned with
female attorneys’ needs with respect to time, and that the firm’s perception of time in the legal
field is different for men and women with respect to outside environmental time constraints. This
will be explored further below in the elements of caretaking responsibilities, billable hours and
revenue generation. However, it is imperative to discuss it here as an overarching principle.
Of the 11 participants, 10 out of 11 participants indicated that within large private law
firms, the current way of operating does not take into account that time is different for females
than it is for males. When discussing the environment, 7 participants stated that it is a male-
driven industry which leads to the way the business model has been created and perpetuated.
This is shown by Participant A:
GENDER GAPS IN THE LEGAL PROFESSION 54

The entire structure from the way you bill to how you progress from junior associate to
mid-level associate to whether or not you'll ever become partner is based, almost as if the
model has been developed in such a way that it benefits men.
Respondent C claimed:
There wasn't an understanding of family and issues outside of work. And it was work,
work, work. All that matters is work. So I ended up looking for other you know law firms
to go to, because I knew I didn't want to stay in an environment that wasn't supportive of
my family life.
Participant H stated regarding her flexible schedule:
Yeah, I've learned over the years, the firm doesn't actually care about you as a person,
they care what you can contribute to the firm. So as long as you're contributing in a way
that makes it worth the accommodations, we'll make the accommodations…. And I had
another partner I worked with who would be sending me emails at a playgroup, and like,
you need to revise this document right now I need you at a computer right now. I'm like,
I'm at playgroup with my one-year-old.
The rigid structure of private law firms is rooted in tradition but also has at its foundation,
a revenue generated structure that is directly tied to the amount of work performed by its
lawyers. By nature and definition, the only way for firms to grow and generate more revenue is
through trading the time of its employees. This tradeoff, revenue for time, was shown by
participants to influence their perceptions of the profession and apprehensions of their place
within it.
GENDER GAPS IN THE LEGAL PROFESSION 55

Environment’s Requirement of Billable Hours
Participants discussed billable hours as one environmental influence which contributes to
whether they remain in the profession. The impact of billable hours as an influence on female
attorneys is shown by respondent F:
Right now, you are if you're an associate or if you're an income partner, you bill 1950
hours a year, or you're gonna get your salary cut, or you're, you know, if you continue on
way too low, you could be terminated.
Respondent J, when asked why she would consider leaving the firm responded that she
would like to take an in-house counsel job, “um, because I would like to go in house because I'm
tired of billable hours.” Although over 72% (8) respondents discussed billable hours as a
significant influence on them as female attorneys, one participant pointed out that her firm had
altered the billable hour requirement which alleviated some pressure. Respondent B explained
that a billable hour requirement still remains but is not tied to compensation:
But the firm that I work for does not structure compensation based around how much you
work during the year, or how much business you bring in …we have kind of like a
staffing portal system that will look at all of our billable hours from the prior week. And
on the back end, the staffing team basically runs a comparison to see like, Okay, who is
the least busy out of this group right now. And so as new assignments come in, they offer
them to the least busy folks first.
Respondent G concurred that her firm did not base compensation on the billable hour and
demonstrated that some attorneys thrive on the competition and compensation side of the issue:
So we were one of the very few firms that does not base compensation on revenue
generation, like very few firms that do that are old school lockstep. Like there's no
GENDER GAPS IN THE LEGAL PROFESSION 56

billable hour that you have to hit to your bonus, everyone gets the bonus, everyone's the
same pay and partner, it's just by class, like your old partners make the most money. So
we've lost some partners that were incredible revenue generators, because they wanted to
go someplace where they were paid for that.
Lastly, Participant H showed a similar side that in some cases, whether because of competitive
nature, striving to appear motivated, or additional compensation, attorneys elect to work above
the billable hour’s requirement:
So we have a minimum number of hours to be considered for eligible for bonus, I was
definitely working in excess of that by, you know, a few 100 hours. But there were
people who were working in excess of that by hundreds and hundreds of hours. And that
was never me.
Participants indicated that the billable hours requirements and their pure relationship to
time have created a situation in which attorneys are forced to balance their levels of desired
success with time commitments outside of the normal workplace.
Environment’s Requirement of Revenue Generation
The participants in this study were varied in their reasoning behind why it is more
difficult for women than men to generate new revenue giving reasons such as time constraints
and character traits, e.g. men are more forward. However, the female attorneys interviewed in
this study did not claim as reasons for differences: “boys club” “deep family law connections
such as father as a judge” or “stronger male networks.” The participants provided information as
shown below by Respondent F:
I think men do have stronger networks than women. But I think a lot of it has to do with
the time, I think the two are interconnected. I get along with them great. And when I have
GENDER GAPS IN THE LEGAL PROFESSION 57

an opportunity to work with them, they usually want to send me more business, or even,
you know, just getting to know them. on a social level, I've had guys send me work
before, so I don't think it's that women are shut out of a boys’ club, you know, that have
male owned businesses and that sort of thing. There might be something to that. But I
think it's more just having the opportunity to get in front of them, and not having the time
and the resources in which to do that.
Participant J explained:
And then on top of it, you have to develop business, obviously, to keep yourself fed, so to
speak. So then that's just extra time, like the billable hours already take up a ton of time.
So you're just adding more time and then you know, client development isn't exactly like,
every time you try, you're gonna get a client out of it. It just, I don't know, I think it
becomes annoying. And frankly, most of my friends who are in the practice and who
have been in it even less time may say the same thing. Like they just, you know, we're
tired of it. We're tired of demands and that demand gets higher and higher, like your book
has to be higher and higher.
The findings demonstrate that through billable hours and revenue generation
requirements, the environment has inflexible requirements that pose a discriminatory nature
toward female attorneys as time is not equal among men and women in many cases. If the
requirements for success were altered to provide differentiated and tailored work environments,
female attorneys would face fewer barriers.
Structured Support from Law Firms
Participants were aligned in the way they discussed the influence of firm supports.
Participants discussed two types of firm support, initiative supports and time supports. Over 90%
GENDER GAPS IN THE LEGAL PROFESSION 58

(10) of participants agreed that time supports were far more influential than initiative supports.
This section discusses firm supports and defines them as:
● Time Supports: remote work abilities, flexible schedules, maternity and paternity
leave
● Initiative Supports: mentors and women-based initiatives
Time Supports. Although this question was not posed to all participants, 4 respondents
stated that taking advantage of accommodations would have a negative impact. Respondent H
demonstrates this:
Absolutely. I was married when I started at the firm, and I felt like they
immediately put me on mommy track. And like from day one I had great reviews,
but they were not prepping me for partner like from day one. They just assumed
oh, she's gonna have kids and quit. We're not going to waste our time cultivating
her career.
Participant A also demonstrated this principle by stating: “so when you ask for these
special accommodations, that just means all they're hearing is you're not going to be here. You're
not going to make money.” In addition, Respondent A stated that,
If you are a woman and you want to have a balance between home and work, you
are better off in a medium sized law firm or you know a small firm because you
will never make partner.
This study found that although the stigma exists, at least 4 participants had used firm
accommodations, flex-time, and even left the firm to have children and come back and over 40%
(5) of all participants expressed the idea that negative impacts on their careers and/or promotions
GENDER GAPS IN THE LEGAL PROFESSION 59

did not matter to them as they were still able to practice law in addition to other responsibilities.
But in some cases, female attorneys simply leave the profession as shown by Participant F:
And attrition is especially high for women. So you don't have a lot of women who
are staying around long enough to make partner. I mean, the firm has a generous
maternity and paternity leave. But I think you would see a lot more women stay if
they offered more flexible paths.
Respondent H also demonstrated that maternity leave, while it may be accepted by the
firm supports discrimination against female attorneys through external sources. She described
having to move to another state. The Bar Association within that state had a requirement that in
order to be waived into the state licensure, an attorney must have worked full-time for five of the
last seven years. Any attorney that had taken maternity/paternity leave would be ineligible for
the license transfer. Therefore, the majority of participants discussed some form of external firm
support as a positive influence on them to remain in the practice of law, however, there are
negative connotations associated with the practice.
Initiative Supports. Firm initiative supports consist of resources provided by the firm
internally to assist attorneys such as mentor programs and gender and race-specific groups and
policies. Respondents in the study largely regarded initiative supports provided by the firm as
having no influence on their decisions to remain in the firm or the practice of law.
Female-based Initiatives or Groups. Of the respondents that discussed initiative firm
supports such as women-based initiatives or firm-supported women’s groups, not a single
participant discussed them as a positive influence and many stated that they were either not
effective or that female attorneys did not have the time to prioritize attendance. Respondent D
exemplified this by stating:
GENDER GAPS IN THE LEGAL PROFESSION 60

We do. But those are a joke. Oh, like we have women in the profession group,
they get together and bake. And they do like flower arranging all these things that
are stereotypical of women. And so sometimes they seem to create more of a
division than inclusion. Because the women are getting together to bake. And so
then you have the men who are making fun of the women’s group of the women
getting together to bake or to go to a chocolate tasting, it’s like, we have them.
But they don’t really teach skills, they don’t teach leadership skills, they don’t
teach how to navigate and succeed in the profession. It’s more, let’s hang out and
do fun things together.
Respondent B agreed stating:
I mean, I think it’s important to have them but I also think sometimes, you know,
like getting together in a group to talk about how it’s so tough for women to
succeed at a law firm, like sometimes that, like I find some of these events
occasionally to be like a bit of a bummer. I don’t feel like this is getting you
excited and like optimistic is actually kind of bumming me out.
In most cases in which the interviewees discussed supports that were provided by
the firm, it demonstrated a paradox. The supports are put in place to assist attorneys in
excelling and feeling integrated but the attorneys do not have time to participate. If they
participate, they are giving up valuable billable hours that will need to be found
elsewhere and the trade-off simply isn’t worth it.
Mentors. Mentors are another key internal firm support and vary in function and scope
across law firms. Although 10 of the 11 participants discussed mentorship, only two found
GENDER GAPS IN THE LEGAL PROFESSION 61

assigned mentors effective. Despite this, 5 interviewees discussed that mentorship is effective if
it is organic as stated by Participant I:
I think it's more of an organic process and it comes down to some people are just
gifted in that sense that they are able and willing to spend the time with a younger
person to tell them what they need to know.
Participants stated that a relationship that grows and is not assigned provides more
successful outcomes.
Caretaking Responsibilities Were a Negative Environmental Factor
Caretaking responsibilities were the largest influence which affected female lawyers'
decisions to remain in the profession. It is placed following other environmental and firm
pressures as it correlates to those factors directly. Participants in the study presented a common
theme that ran extensively through each interview which was: caretaking responsibilities in
relation to time. Every respondent indicated, to a certain degree, that this was the biggest barrier
influencing female attorneys. In many instances, an interviewee was asked a non-caretaking
question and the respondent re-aligned the response to caretaking responsibilities. Respondent K
summarized:
So when you think about the time you've got to bill, you think about the time that
you've got to put in to actually become a rainmaker, then you think about the time
you've got to put into, you know, look, if you're like me, and you have two small
kids like, shit like laundry, you know, like, there's just not enough time in the day,
or in the week, or in the month or in the year, you just, your hours have to be
prioritized, right? If you think about people, who then are like, Well, I sit on a
board of something like I do. That's time as well, people who are involved in
GENDER GAPS IN THE LEGAL PROFESSION 62

their, you know, spiritual practice, right. You know, that's time as well, people
who have aging parents that’s time as well. But there are other demands on
everyone's time. And I think that for women, the demands just tend to be more.
In many instances, female attorneys are forced to evaluate if they want to have a family
or a career because in the traditional legal career track, it can be extremely difficult to have both
without flexible paths available. Respondents demonstrated through discussions of career tracks
that many of them opted for a flexible schedule and a family while some used alternate sources
of care. Respondent B, with only two years’ experience, demonstrated this as a concern for she
and her wife in the future:
No, I think no, the kids, my wife, and I definitely want to have okay, I think that
the partners that I know that have kids, actually, most of them have a spouse that
also works a very demanding job. Some of them have spouses in like, like
incredibly demanding jobs. And I often wonder, I don't know how they're doing
all of this at the same time. So it could be one of those things where, you know,
this is just a very small group of people who either don't need sleep, or they're just
somehow able to do all of this. I don't know, I really don't know if that's me. I
mean, I really like the work that I'm doing. And I actually don't mind the pace and
the workload. But I do wonder, you know, in like, five years, that that might
change for me, I don't know, I'm trying to keep an open mind and try not to let it.
All respondents in the study indicated that having flexible schedules and/or a support
system such as family, spouses, or an au pair were critical to success as an attorney with
caretaking responsibilities indicating that caretaking attorneys face significant barriers to success
without additional support. Respondent H demonstrates this by stating:
GENDER GAPS IN THE LEGAL PROFESSION 63

When I talk to law students, I always tell them, the number one determining factor
in the success of your career is who you marry if you choose to get married and
have children. Because your job should be as important to your husband as your
husband's job is. And my husband has been 100% supportive, which has allowed
me to have the flexibility I need at home as well. To make it work.
Attorney K agreed by sharing:

My mentor, a woman at my previous law firm, had said this to me. And she was
very powerful. She had like run the litigation department and run various offices
at the firm, she was like a rock star. Because she said to me pretty early in my
career, she's like, look, I'll tell you the secret. The secret is that all of the women
at this firm, and frankly, look at any other firm, and frankly, look at your friends,
as you all continue to rise, all of the women who do very well and succeed,
they're going to have a partner who stays at home. And it has been true down to a
woman.
Of the study’s participants with children, only one had gone through a traditional
career track without an accommodating schedule. In another of the examples where a respondent
had children and made partner, she stated,
I honestly think that if you are a woman and want to have a balance between home
and work, … you will never make partner ... and if you are, you birth them and
leave them.
There were two other respondents that had children and had made partner, and in both of
those situations, they had left the firm or asked for flexible schedules and the firm had
acquiesced due to specialized skill sets and demand of talent.
GENDER GAPS IN THE LEGAL PROFESSION 64

Discriminatory Behavior and Microaggressions
No respondent in the interview process initiated a discussion on sexual discriminatory
behavior such as verbal or sexual harassment nor discussed it as an influence on their career in
the profession of law. However, although initially dismissive about small comments or behaviors
that may be discriminatory or biased against women, when asked directly about discrimination, 6
participants related some measure of unequal treatment with 4 explicitly mentioning being called
the court reporter or a secretary. In addition, the respondents posited that the system in its
entirety favors the success of males over females. Participants did not consider these treatments a
high influence on remaining in the profession. Interviewee E demonstrated this and explained the
existence of microaggressions but concluded by diminishing the practice:
I think you can always say like, there have been little things right, like, you know,
still hearing that a judge like thinks women should wear skirts, not pants, or, you
know, having somebody ask you if you're the court reporter or just, you know,
maybe being put on more of the like party planning and mentoring committees or
whatever. But I don't think structurally, and I don't think I could sit here today and
tell you all the practice of law treats men better than women, because, you know,
I'm sitting here as an equity shareholder of, like, one of the world's largest firms
… I don't think one judge thinking women should wear dresses as reflective of the
law treating people differently. I think that's one judge, you know, being an
antiquated buffoon.
Respondent F also claimed:
There are a lot of good ol boys in our firm. And it's little things. I noticed, for
example, when I get together with some of these partners, the first words out of
GENDER GAPS IN THE LEGAL PROFESSION 65

their mouths are, “how's your family?” “How are your kids?” Make me feel like
the people that comment on that see me differently than they see the men in the
office or in the firm.
Interviewee C responded:
And I still think you have people who are very old school. And I mean, I still till
this day have been asked, Are you the court reporter? No, I'm the lawyer. So I do
think that that's part of it, is that you have people who truly feel that women are
not equal, or they don't work as hard or they're not on the same playing field.
Although Participants did not place a high degree of emphasis on individualistic
behaviors that treat women differently than men, it was still demonstrated that these
behaviors exist. Participants demonstrated that these behaviors made them feel differently
within the firm and although they were not put forward as an explicit barrier by the
participants, the fact that they were discussed is evidence of a negative factor affecting
female attorneys.
Overarching Conclusions on Environmental Influences
Lastly, within the environmental influences, the study found that participants stated
conclusions which were not part of the official questionnaire but occurred frequently enough that
they were included as a finding. The majority of participants that offered suggestions for change,
posited that it should come in the form of altering the current way that firms operate or
restructuring the success pathway for women. Over 7 interviewees discussed that the path to
success is different for women than men and needs to be aligned. Participants explained, that the
foundational legal promotion track is based on billed hours and how much revenue is brought to
the firm. A traditional promotion track involves moving from associate to different levels of
GENDER GAPS IN THE LEGAL PROFESSION 66

partner with equity partner generally being the top tier. Respondents showed that in many
instances, this track is not conducive to women because any variance from the path becomes a
barrier to progression. Therefore, respondents advocated for alternate measurements of success,
flexibility, and different career tracks that lead to the same top tier positions. Interviewees
expressed these philosophical recommendations below, Respondent D stated:
I don't think we're doing ourselves any favors with keeping women in the
workforce in the legal profession, unless firms are a little more flexible, and
create some options that aren't the traditional tract of work your butt off and work
yourself to death and work yourself into divorces and unhealthy relationships and
things of that nature. If they don't change. I think you're going to have some
retention issues.
Participant F claimed:
Yeah, no doubt. Um, if you, if you were to take that kind of track at our firm, you
would be derailed from consideration for income partner, and certainly for equity
partner. I'm not aware of any income partner, women who have tried to take an
alternate path. I know of associates who have become Of Counsel as what they
call them, and, or contract attorneys. But none of those women are on the path to
partnership, they could be if they were to then switch back to full time.
Environmental factors imposed within private law firms substantially affect the
perception of female attorneys and their desire to remain in the profession of law. As
shown, participants are willing to make career changes in order to ameliorate the firm’s
pressures on their time. Participants demonstrated the need for private law firms to
GENDER GAPS IN THE LEGAL PROFESSION 67

restructure the way attorneys are professionally assessed and compensated in order to
create career paths that accommodate both female and male attorneys.
RQ#2: How did personal influences affect female lawyers’ decisions to remain in the legal
profession?
Personal influences affect female attorneys’ retention levels in private law. Although the
participants in this study all remained in the practice of law, they each expressed elements of
mental health, confidence as a caretaker, and self-efficacy as factors affecting their motivations
within their respective environments. The social cognitive theory is demonstrated powerfully
here through the intertwining of personal, environmental, and behavior. For example, the mental
health of a participant could be affected by the environmental factor of billable hours as it
substantially reduces the downtime of a private law attorney. In turn, this could affect the
behavior of that attorney through production levels, attitude, or more extreme, the exiting of the
firm. As stated previously, many environmental elements within the practice of private law have
been demonstrated to affect female attorneys differently than males due to differentiated
allocations of time and outside commitments. As this occurs, it alters the personal elements that
affect female attorneys as well.
GENDER GAPS IN THE LEGAL PROFESSION 68

Figure 4

Personal Thematic Codes

Mental Health was a Negative Personal Influence
Although this study did not focus explicitly on the mental health of the participants, many
of their statements show evidence of it being affected. Respondent F made the following
statement regarding her downtime, “you know, when I’m here [at home], I’m 100 percent on.
When I’m at work, I’m 100 percent on at work.”
Respondent H concurred stating:
But like I said, it's been impossible. Like I don't I don't do anything but work.
Work and take care of my kids. There is no self-care in my life. There's no time
for hobbies. There's no time for anything except taking care of kids and working.
Well, but I like the work and I've been talking about lots of negatives. But what
keeps me there is that the work is fascinating. It's just such high-level interesting
GENDER GAPS IN THE LEGAL PROFESSION 69

work. And then it pays incredibly well. The money? Yes. If I won the lottery, I
would not be practicing law.
Confidence as a Caretaker
Throughout the study and has been directly discussed above, female attorneys are more
likely to have caretaking duties than men and these environmental factors affect their perception
of their careers in private law differently. In many cases, as stated above with mental health, the
environmental pressures began to affect the personal elements such as confidence as a caretaker.
These personal effects are important to note because they are factors that assist in widening the
gap between men and women in the legal profession as they make the experience different for
women than for men. As females engage in caretaking duties, the environmental factor of time is
obviously the salient element but its ancillary effects on the caretaker are important to note.
Much like having the stress of being good at one’s profession, there is equal stress at wanting to
be an effective caretaker. Respondent G stated, “I don't think you can have it. All right, like, so if
somebody wants to have the mornings with the kids, the evenings with the kids and the job? It's
not possible, you can't have it all at the same time.” This stress, in addition to the time
commitments can be an additional layer to the way caretakers perceive their profession and the
way it affects them. Respondent K shows this stress by stating:
There was like a particular train, if I don't get on the train, if I don't get on that
train or an earlier one, I'm late. And now, it's still an issue of like, after I've made
the pickup, what do I do with the four-year-old who doesn't know how to read and
like I still have calls to make.
Respondent A also demonstrated this additional caretaker stress, demonstrating the
difficulty of balancing a career in a large law firm with having children:
GENDER GAPS IN THE LEGAL PROFESSION 70

I was a horrible mother. I was. I also got divorced, I was a horrible wife. My
husband was also a professional. And it was very difficult. We relied on the nanny
who was amazing. And, honestly, for very probably the most important formative
years of my children, I missed everything. I missed piano recitals. I missed the
chorus, you know, I, sometimes I made it to certain things, but I got very good. I
hate to say this, but I'm very comfortable with it now. I got very good at lying to
the [children]. And sort of, you know, telling them that, explaining to them that,
you know, something had happened at work. They started to hate my job. They
hated my job. It represented the thing that kept us apart. And that, obviously, not
the only reason, but probably one of the central, you know, probably an important
part of why I ended up divorced, had to do with my, you know, just not being
present.
Lastly, Participant C demonstrated that the balancing of caretaking with a profession in
private law is not limited to having a family and children:
And so when I went there, [my boss] was definitely not understanding of me
needing to take time off when they were sick. I mean, my husband was on life
support literally, like life support with a 50% chance of living. And [my boss] was
like, oh, can you sit on this hour-long conference call to go over cases? And I'm
literally staring at my husband on a ventilator. And I was like, yeah, no, I'm not
gonna stay here any longer.
As stated above, in many cases, attorneys demonstrated that there are trade-offs in the
profession. In many cases, these trade-offs present significant challenges through which
attorneys must navigate. Although these trade-offs exist, many attorneys navigate the challenges
GENDER GAPS IN THE LEGAL PROFESSION 71

with high-success in each aspect of their lives including interviewees in this study. However,
some participants traded aspects of their mental well-being or career progression for caretaking
responsibilities or work/life balance.
Reevaluation and Self-Efficacy
Throughout this paper, it has been demonstrated that, in many cases, the “mommy track”
is present within private law. As respondents gave recommendations for restructuring the
profession, many stated that alternate paths to success should be designed. In addition, many
participants in this study used accommodations offered by their respective firms to step away and
have children or to go part-time for various reasons. Many that chose this path stated that it was
difficult if not impossible to return to a traditional path to partnership and in some cases, difficult
to return to the practice of law entirely. Having to alter the course of their careers with an
associated stigma or even the prospect of having to do so created a self-efficacy dilemma for
female attorneys. It becomes a mental nightmare of continual choices and tradeoffs in which
success is bartered with outside responsibilities as shown by Participant A positing, “maybe
leaving is what makes you tough and staying is what makes you weak.”
This can lead to female attorneys continually doubting where they stand professionally
and creates a glass barrier that can feel unbreakable as shown by Participant C stating, “I think if
you have alternative options of what success means, and you don't pigeonhole people, or make
them appear less significant than you know, their role is, because they have an alternative route.
And I think that's how you get people to stay in the field.” The stress of these choices is also
demonstrated by Participant E:
And when you're an associate, all you have to give as your time right, like you
can just, and you know, maybe being somebody who doesn't say no, or who takes
GENDER GAPS IN THE LEGAL PROFESSION 72

on more and you know, as always wanting to go the extra mile, or when you
become a parent, you know, you have to reset your work obligations consistent
with your values. And sometimes that means saying no to things or, you know,
having more reasonable hours. And when you don't have, when that's what you're
used to giving for success, like, well, I'll just give you my time. And now you
suddenly want to pull that back a little bit.
There are many elements that affect the self-efficacy of female attorneys that are not
equally faced by males attorneys, alternate career paths is an example but there are many
different facets as shown by Participant D:
When you actually have a seat at the table, and you're not just there, but your
opinion actually matters. There's a lot of times when, as a woman, you might be
added as a token female on a project. But you don't necessarily get facetime,
you're maybe in the background. And I think when women have the opportunity
to be an actual contributing team member, and get to be involved in the actual
decision-making and client facing decisions, I think it makes a big deal. I think it
also is important when people recognize the differences between men and women.
And recognize that some of the differences are strengths and appreciate them, I
think that that can be helpful.
It is evident, even within this study, as the participants did not always provide up front
personal barriers facing them and did not readily discuss intimate issues such as their mental
health. However, the responses provided insight into how the environment can change the way
that personal factors affect female attorneys differently than men.
GENDER GAPS IN THE LEGAL PROFESSION 73

RQ#3: How has the COVID-19 pandemic affected female lawyers’ beliefs or behaviors
about remaining in the legal profession?
The COVID-19 pandemic affected female lawyers’ beliefs and behaviors about
remaining in the legal profession both negatively and positively. The participants in the study
provided two insights into the COVID-19 pandemic. The insights are opposing ideas but
overlapped among participants in many cases: increased flexibility and the difficulties of
working at home with children. Due to the large response of participants discussing the
difficulties of balancing caretaking responsibilities with the practice of law with respect to time,
eight respondents expressed that the pandemic was positive with respect to providing the time
and flexibility needed for easing caretaking responsibilities. As demonstrated by every
participant in the study, difficulties in conjunction with the time necessary to provide caretaking
responsibilities and practice law, were the leading influence on respondent’s viewpoints on
remaining in the profession. Attorney C expressed:
And so I started working from home. But I was like, this is the greatest blessing. I
mean, I don’t spend time getting ready. I don’t spend time commuting. I don’t
spend time socializing. I mean, for me, I was able to be more efficient with my
time. So I think that was a missed opportunity for a lot of law firms and
businesses when they didn’t embrace the work from home.
The pandemic alleviated these concerns among respondents by forcing law firms to provide
remote and flexible schedules. More importantly, it assisted in removing stigmas associated with
these elements and law firms moved the towards making this a new normal.
Respondent D expressed:
GENDER GAPS IN THE LEGAL PROFESSION 74

I know other lawyers have pointed to things in their life, where they were able to
see their kids every day. And they're not willing to go back. So I'm not willing to
be that workaholic that I was before. And I have to realize that that could impact
my success at the firm. If the firm's do not change the way that they think.
Although the majority of participants stated that the pandemic offered flexibility that was
not present in the system previously, over 45% (5) expressed that it was difficult to balance work
and caregiving responsibilities simultaneously throughout the day. Respondent J showed this by
exclaiming:
But in talking to other female attorneys COVID made it worse for them from the
aspect of now they’re home. Right? Like they don't get that break, and now
they're home, and the kids were home with them. So even more so on the
caretaking responsibilities, like it upped it, even though their work responsibilities
didn't get lowered or go away.
The COVID-19 pandemic had an overall positive affect on female attorneys in the private
law marketplace. As shown previously in this chapter, a major barrier for female attorneys is
balancing caretaking responsibilities with the time commitment required in private law firms.
The pandemic allowed for further flexibility in this area. Although the majority of participants
related that this was overall positive, some shared anecdotes in which COVID-19 created further
difficulties as it was difficult for many attorneys to be able to work effectively in a home
environment. Participants indicated that remote work environments may affect younger attorneys
entering the field to make their mark, interact with clients, grow revenue, and achieve the same
levels of success as longer-tenured attorneys. This will especially affect female attorneys with
GENDER GAPS IN THE LEGAL PROFESSION 75

caregiving responsibilities and although they have the flexibility to now work remote, it may
present new and different challenges.
Summary
The findings of the study were consistent across all attorney participants with little
variance. All respondents discussed the difficulties of caretaking responsibilities and the grueling
nature of the practice of law. Over 50% (6) of respondents indicated that this dichotomy affects
females differently than males.
The environment’s measures of success all relate to time, such as billable hours, revenue
generation, and the non-stop nature of the work which in turn affects caretakers more
significantly than non-caretakers. Although previous research, and this study, focus on individual
elements, such as billable hours, as influences, these findings suggest that it is important to
integrate the environment’s influences into one element of time and amalgamate that influence
with the impact on caretakers’ time. In addition, the final research question focused on the effect
the pandemic had on female attorneys. The findings suggest that the pandemic also can be
represented in a factor of time. The pandemic presented alternate uses of the element of time and
potentially altered some firm’s perception and bias around accommodations and flexibility. The
product of these components of time is the overarching impact facing female attorneys and their
decision to remain in the practice of law.

GENDER GAPS IN THE LEGAL PROFESSION 76

Chapter Five: Recommendations
The purpose of this study was to investigate factors that affect female attorneys’ retention
in the practice of private law. Although all were continuing practitioners, the overall discussion
became focused on barriers that they face and factors that contribute to overall attrition.
According to the National Association for Law Placement (NALP, 2022), females have made
“steady, incremental – though excruciatingly slow – progress in increasing the presence of
women and people of color in the partner ranks” (p. 7). In 2021, the number of female partners
rose almost one percent to 25.92%. The number of female attorneys as a whole does not remain
constantly trending upward each year but rose in 2021 to 37.68%. Kay et al. (2016) demonstrated
that a large reason behind the discrepancy in numbers is the high attrition rate of female
attorneys. This study examined the influences that affect female attorneys’ decisions to remain in
the field.
From the 11 interviews done for this study, consistent themes emerged as participants
provided strongly similar responses. Overarching themes were: the generally difficult practice of
law, flexibility as caretakers and how that relates to the organization, internal supports are largely
inefficient, environmental qualifications for success are not conducive to caretaking
responsibilities, flexible and remote schedules are stigmatized but those stigmas have been
broken down somewhat by the COVID-19 pandemic. Participants agreed that the COVID-19
pandemic was very difficult but may provide the solution needed within the practice of law,
flexibility without success constraints.
This study uses Bandura’s (1988) social cognitive theory and triadic reciprocity as a
focus on the bidirectional relationships between person, behavior, and environment. For
example, an individual may experience anxiety. This anxiety may affect their performance at
GENDER GAPS IN THE LEGAL PROFESSION 77

work, triggering disciplinary actions or additional policies in the workplace. The direction may
be reversed to further clarify the application of the social cognitive theory. A workplace may
implement a new policy or directive which creates anxiety in an individual, affecting their self-
efficacy or even induce them to leave the workplace. As shown in Figure 2, multiple
environmental factors emerged through this study that affect female attorneys in the profession
and provided the information necessary to address Research Question #1.
Discussion of Findings
This study found a consistent thread throughout the responses that the practice of law is
extremely difficult and to do so as a caretaker without support presents a significant challenge
without moving to a flexible schedule, hiring outside support, or balancing resources with a
spouse. Research has consistently shown the difficulties inherent in the practice of private law
consistent with the findings within this study (Brockman, 1994; Liebenberg & Scharf, 2019).
The difficulties have not lessened over time as demonstrated by a Judith Schroer (1993) article
stating that, “the law can be a miserable profession, characterized by grueling hours, meaningless
work, cutthroat colleagues – and golden handcuffs” (p.B1).
Leopard Solutions (2022) developed a report examining data from the top 200 law firms
and analyzed large datasets covering attorney moves and began to analyze the career moves of
female attorneys. They found many of the same trends of female attorneys requesting more
flexibility, job satisfaction, and being shut out of promotion opportunities. Leopard Solutions
stated that the blame should not be placed on child care or COVID but on the organizations.
Participants consistently discussed the difficulties surrounding caretaking responsibilities and
balancing them with the practice of law. However, participants in the study discussed the topic
not as a source of blame but to dictate the symbiotic relationship between family responsibilities
GENDER GAPS IN THE LEGAL PROFESSION 78

and how law firms interact and relate to those commitments. As the participants noted,
organizations should be more aware of how different elements affect the genders differently in
order to not only raise retention levels but to increase equity throughout the firm.
Existing research demonstrates extensively that once a woman has children or needs a
caretaker’s flexible schedule, that a bias exists, within private law, which places a barrier in her
track to success in a law firm (Bear, 2021; Giannamore, 2017; Noonan & Corcoran, 2004).
Participants in this study agreed that caretaking responsibilities can stall a career within a private
law firm. These types of accommodations, on a surface level, create an illusion that there is no
problem. It becomes normal for firms to point to specific instances to show there is not a
problem. This leads many scholars such as Rhode (2001) to refer to it as the “no problem
problem.” It becomes socially unacceptable to state that women’s careers stall because of
children, which is why studies such as Leopard Solutions (2022) state, “don’t blame children” as
Ayodeji and Akinbode (2017) show, caretaking affects females differently than males. What
needs to be examined is the way caretaking responsibilities are accounted for within an
organization and its definitions of success.
Liebenberg and Scharf (2019), in their report for the American Bar Association discussed
the top reasons for females leaving the profession as, caretaking responsibilities, stress, revenue
generation, and billable hours. This study found similar results, however, participants frequently
stated that these elements are linked through the element of time. Participants explicitly stated
that time is different for caretakers. The problem of practice addressed here is that female
attorneys exit the profession at a higher rate than males. Of the respondents interviewed, over 75
percent were caretakers and 10 of the 11 indicated that the relationship between the
GENDER GAPS IN THE LEGAL PROFESSION 79

environment’s time demands and caretaking responsibilities were a leading barrier to them
remaining in the profession.
The findings in this study addressed the problem of practice that asked what barriers do
female attorneys face in remaining in the profession of law. Within the literature reviewed for
this project, there were similarities in the results presented here and there were differences as
well. Positively, as the research becomes more current, it focuses less on discrimination issues
such as condescension, imbalanced treatment, and hiring inequality and becomes more focused
on the issues that were found in this study such as the manners in which the environment affects
females differently than males. This becomes apparent in operational modalities such as
promotional metrics, fixed schedules, and a difference in the way the environment overlaps into
female’s vs. male’s individual spaces.
Recommendations for Practice
These recommendations stem directly from the results of this study in coordination with
research. At a foundational level, the practice of law within large firms is entrenched in tradition
and espouses models that have been utilized for centuries with no real incentive for change. The
recommendations presented below align with the findings of this study and present changes that,
if effectuated, would address many of the salient barriers to female attorneys present in private
law as dictated by respondents of this study. It is also important to note that as stated previously,
the majority of the participants’ responses were centered around the environment and time.
Participants dictated that firms have different perspectives of time than attorneys, namely
attorneys that are caretakers. Mirroring that finding, the recommendations all relate to time and
to the issues dictated by respondents. Therefore, there is overlap within the recommendations but
it is important that they be compartmentalized separately.
GENDER GAPS IN THE LEGAL PROFESSION 80

Table 2

Chapter 4 Findings Mapped to Recommendations
Recommendation Finding
Reduce Billable Hours
Remove Schedule Stigmas
Alter Performance Metrics

Nature of Legal Work
Reduce Billable Hours
Remove Schedule Stigmas
Alter Performance Metrics

Time Requirements
Reduce Billable Hours
Remove Schedule Stigmas
Alter Performance Metrics

Billable Hour Requirements
Reduce Billable Hours
Remove Schedule Stigmas
Alter Performance Metrics

Revenue Generation Requirements
Structured Support from Law Firms
Reduce Billable Hours
Remove Schedule Stigmas
Alter Performance Metrics

Caretaking Responsibilities
Remove Schedule Stigmas

Discriminatory Behavior/Microaggressions
Reduce Billable Hours
Remove Schedule Stigmas
Alter Performance Metrics

Mental Health
Reduce Billable Hours
Remove Schedule Stigmas
Alter Performance Metrics

Confidence as a Caretaker
Alter Performance Metrics Reevaluation and Self-Efficacy

Recommendation 1: Law Firms Should Remove Billable Hours Requirements
The American Bar Association (ABA) (2002), released a report addressing the
billable hours component of the legal profession. The President of the American Bar Association
contributed to the report in the Preface of the report by explaining, “it has become increasingly
GENDER GAPS IN THE LEGAL PROFESSION 81

clear that many of the legal profession’s contemporary woes intersect at the billable hour.”
Recently, the New York Bar Association (2021) recommended that firms reduce billable hours to
manageable levels that will not increase stress on attorneys and may provide increased levels of
work-life balance and mental well-being; the recommended number of hours is 1800. However,
as billable hours began to grow as a component of the legal field, in 1958, the American Bar
Association recommended that lawyers increase their workload to 1300 hours (Pardau, 2013).
This study found that the typical number of billable hours for present-day attorneys is 1900-
2500.
Law firms should reduce or eliminate the practice of billable hours. However, this
recommendation would face extreme resistance upon implementation. On its face, the concept
of billable hours is the crux behind most law firms’ method of proving value to clients, revenue
accounting, and assigning a quantifiable worth to attorneys. NYSBA (2021) demonstrated this in
their report stating that firms have neglected to address this facet of well-being among attorneys
because it has been a standard way to measure performance. However, according to the NYSBA,
clients are beginning to demand that firms change the model and move to alternative, and more
efficient, arrangements such as fixed price agreements. Clients that make these demands are
doing so for more productive and predictable work product but an ancillary and beneficial
biproduct of this move could mean a more productive workforce through less burnout and
turnover. NYSBA continued in the report by addressing burnout and turnover. Attorneys
expressed concerns over the billable hour quotas and not being able to take a vacation or else
they would need to make up the hours at a later date and law firms expressing displeasure with
an attorney for not billing enough and abandoning possible revenues. In the recommendations
GENDER GAPS IN THE LEGAL PROFESSION 82

provided by the NYSBA report, it was dictated that billable hours should be capped at 1800
hours and that alternative billing arrangements should be explored.
These situational findings were mirrored throughout each interview of this study.
However, in the case of two participants of the study, billable hours had already been removed
from their firm. One participant stated that she took her first position at the firm due to the
friendly reputation that it had and that there were no billable hours. This will be a difficult
transition for law firms. Firms justify long work weeks and a sacrifice of well-being by paying
extremely high salaries to working attorneys. Sloan (2021) reported that clients expect attorneys
to be available 24/7 because of the exorbitant amounts that are being billed and dictates that it is
a solution that is not sustainable. Law firms should examine the effects of the billable hour on
retention and through a lens of how it affects different subsets of attorneys such as females. In
addition, as clients begin to demand diversity in the firms they hire, billable hours will begin to
diminish even further as a client driven initiative.
Armitage (2018) demonstrated the concept further by quoting Abraham Lincoln, “time is
an attorney’s stock in trade.” They moved on by explaining that from the beginning, it has been
perceived that a lawyer’s commodity is time and argued that if an attorney’s commodity was
legal services as a product, the concept of billable hours would diminish more quickly. Broderick
(2006) explained that using billable hours in an era of globalization and technology
exponentially amplifies the amount of work done by an attorney compared to previous eras.
Durrani and Singh (2011) demonstrated that under the billable hour model, the only method of
raising revenue for a firm is to require attorneys to work more hours, increase the number of
lawyers and/or increase the billable hour rate. As firms engage in these practices, attorneys
GENDER GAPS IN THE LEGAL PROFESSION 83

continue to work longer hours in an effort to prove themselves and since firms only want
dedicated employees as partners, it becomes a benchmark for performance.
Durrani and Singh (2011) concluded by stating that law firms cannot afford to avoid this
issue if they want to retain high-level talent and that it is clear that the model of billable hours
needs to be examined when studying why women leave the profession of law. Although the
concept of removing billable hours would be considered an extremely significant and strenuous
effort, it is currently being done by some firms. The billable hours practice is documented as a
foundation in the legal field. Removing the practice would entail altering performance metrics,
revenue tracking/generation, financial systems, and client outreach. The effort would necessitate
a culture change and leadership willing to adjust to current analysis in order to be more
productive, streamlined, and efficient.
Recommendation 2: Remove Stigmas Surrounding Flexible and Remote Schedules
The second recommendation is that firms need to address the stigma that exists behind
flexible schedules and remote work. In many cases, these accommodations lead to a stigma that
an employee is not committed or dedicated to the work. Private law firms need to remove these
types of stigmas as well as accept that caretaking responsibilities need to be accounted for in
providing the same career track and path for success as a non-caregiver. In many cases, the
individual’s work load is devalued and they are ostracized to some extent (Djak, 2015; Stone &
Hernandez, 2013). Over 80 percent of respondents in this study discussed the need for flexible
schedules. Katz (2020) effectively explained that equity feminism, the idea that females conform
to male-defined standards has not had a positive effect on females overcoming hurdles,
specifically what she refers to as the “mother roadblock.” Instead, Katz referenced difference
feminism, which allows for biological and environmental differences between men and women,
GENDER GAPS IN THE LEGAL PROFESSION 84

and stated that allowing for variance between male and female standards and providing resources
such as flexible work arrangements would assist more females to, not only remain in the
profession, but further promotions to higher levels of leadership.
Although many respondents in this study have children and continue in the practice of
law, all respondents discussed the difficulty for women with children to practice in private law
without outside support whether from the firm, family, or professional assistance.
Although many of the respondents had flexible schedules and remote schedules available
to them, the stigma that accompanies these options needs to be removed. Djak (2015) explained
that offering flexible programs would assist female attorneys by alleviating duties associated
with caretaking responsibilities but also claimed that these programs remain stigmatized. Rhode
(2011) demonstrated this concept by using data from the National Association for Law
Placement and stated that although over 90% of law firms offer flexible programs, only four
percent of attorneys take advantage of them. This stigma was demonstrated by Stone and
Hernandez (2013) as they interviewed 54 professional females surrounding flexible schedules.
They found that moving to a part time schedule not only reduced income but also reduced
opportunity. Roles were reconfigured and devalued. They also reported that the females that did
not put forth statements about flexibility stigma were those that had always planned to be
caregivers, thus not seeing any present stigma and those that worked in predominantly female
industries. They also discovered that in many cases, the females did not view the treatment as
discriminatory but simply became disillusioned as if it were a normal penalty for moving to a
flexible schedule. This routinely resulted in the employees’ decisions to leave their profession.
Caillier (2018) found that when employees feel that the organization cares about their well-being
by offering a telework solution, they are less likely to leave the organization. However, when
GENDER GAPS IN THE LEGAL PROFESSION 85

offered a flexible schedule in which they still were required to be in the office with varied hours,
attrition occurred at the same rate. Scholars generally agree that remote work is beneficial in
terms of productivity and mental well-being, but research also shows that remote work needs to
be attended to by the organization through resources and support to be truly successful
(Blahopoulou et al., 2022; George et al., 2021).
Hochschild and Machung (1990) discussed The Second Shift and the concept that time is
different for females as they are typically primary caretakers. The book was published in 1990
and the authors point out that gender equality was affected by society’s placement of caretaking
responsibilities on women. Women that undertake these responsibilities, in essence, work a
second unpaid shift as shown by Respondent A stating, “because we are not off when we are
home right? It’s just a different kind of on.”
Blair-Loy et al. (2015) analyze the Hochschild and Machung work and state that many of
the cultural assumptions are still in place and that the U.S. needs another catalyst to assist in
transforming the workplace to further gender equality. Although the pandemic may not offer all
of the elements put forth by Blair-Loy, it may assist in the need for “society to deeply value care
and to share care” (p. 449). The COVID-19 pandemic provided a springboard to adopting
flexible and remote work situations. Previously, taking a flex-schedule was a necessity and a
potential trade-off for promotion prospects, the pandemic has assisted in removing those biases.
Lastly, and very important to this recommendation is the concept that Title VII, gender
stereotyping legal action is available under situations in which females have been discriminated
against with respect to maternity leave or requesting alternative schedules. Social and moral
foundations should be powerful driving forces for firms to work to address alternative schedules
GENDER GAPS IN THE LEGAL PROFESSION 86

but addressing biases that occur within the spheres of caretaking responsibilities should be highly
prioritized by private law, if for nothing else, legal concerns (Bornstein, 2013).
Private firms need to understand that offering flexible and alternative work paths to
attorneys but doing so without a stigma or a diverging career track will offer stability and an
increased ability to retain high-performing attorneys. Removing these stigmas will take strong
leadership in order to mold a new in-firm culture. It will also likely require outside consulting
and training as it is largely an attempt to remove the competition and motivations that are
inherent not only in individuals but in the profession as a whole.
Recommendation 3: Altering Performance Metrics Required for Success
As stated throughout this study, private law firms use specific performance metrics to
measure success and determine upward mobility for attorneys. These metrics are largely based in
revenue-generating spheres and are largely estranged from the actual legal performance of the
specific attorneys. The metrics standardly consist of billable hours and revenue generation,
namely how much revenue did an attorney bring the firm and how many new clients did that
individual add to their book of business. Both of these metrics are foundationally rooted in the
concept of time and vacate the principle of ability, affecting caregivers differently in their
perspective of promotion. Revenue generation is largely performed outside of normal working
hours and standard billable hours have increased to where they impinge outside of a normal
workday.
Pinnington and Sandberg (2013) explained this succinctly in their research by stating that
“one reason why few women advance to equity partner level is that both men and women
understand this role as requiring them to privilege work considerations over family” (p. 616).
Scholars have put forth the theory that females were held to inequitable standards for revenue
GENDER GAPS IN THE LEGAL PROFESSION 87

generation due to lower levels of professional networks and a difference in personality traits
between men and women (Rhode, 1991; Albert, 2006). However, more recent research has
shown that a major contributor to the differences in revenue generation between men and women
is time. Azmat and Ferrer (2017) show that male attorneys spend a significantly higher amount
of time networking than female attorneys with normal events over 10 percent more and
recreational situations at 40 percent more. Revenue generation and billable hours are top reasons
for female attorneys leaving the practice of law (Liebenberg & Scharf, 2019). Law firms will
increase retention and workplace morale if they restructure performance metrics and career
tracks of their attorneys. This is a change that will face enormous backlash as it has traditionally
been embedded in the profession of law but will yield retention results within firms and will also
increase client satisfaction.
Limitations and Delimitations
This study has limitations and delimitations that should be explained and explored for
clarity and veracity. Limitations include weaknesses within the study that should be expressed.
Delimitations are elections made that could affect the study and were consciously chosen by the
researcher for a particular purpose.
Limitations
Possible limitations of the study included the inexperience of the researcher in collecting
primary data. Using a semi structured interview process allowed for flexibility, and the guidance
of that free-form approach was instrumental in gaining valuable data. In addition, the
truthfulness of the respondents was a limitation. For example, participants might have discussed
anecdotes that occurred many years prior, and memory may be an issue. If a participant had a
challenging day, their responses could be altered. Last and importantly, the study focused on
GENDER GAPS IN THE LEGAL PROFESSION 88

barriers and supports related to female attorneys remaining in the profession, interviewing
attorneys who are still in the field could have generated data different than those who chose to
leave. A potential limitation as well as a strength is related to interviewing female attorneys from
only the East Coast. Some attorneys may decide that the legal market on the East Coast is the
most competitive and saturated of any market. Therefore, the data may be different than other
areas and not transferable. However, using participants from a delineated area allowed for more
accurate comparisons and results.
Structuring questions to account for these limitations was used to alleviate any issues to a
certain extent. Question construction and review were imperative to the results of this study and
preparation. Practicing the interview and prompts that follow principal questions was essential in
ensuring quality data. In addition, conducting an appropriate number of interviews also provided
the same effect, as determined by the response rate of participants.
As with most qualitative studies, the data is interpreted by the researcher which could
introduce a translation bias. Although quotes were taken verbatim from the transcript and efforts
were taken to ensure that the spirit of the comments were aligned with the messaging, there is
always a chance for misinterpretation. In addition, participant bias may be present. The study
sample was small which limits the breadth of responses; however, it was reassuring to see a
strong pattern across all responses. Although the participants provided a general theme
throughout each research question, this also could be presented as a limitation. Acquiring a large
sample of attorneys was extremely difficult. Over a three-month time, the study sought
participants from the New York metropolitan area with very little response rate. After
broadening the study to attorneys on the East Coast, response was still slow and small but a small
sample of participants responded. The limitation presented with this scenario, however, is that
GENDER GAPS IN THE LEGAL PROFESSION 89

the sample may be similarly situated and furthermore, may have workloads that provided them
time to respond. During the study it became apparent that private law is a profession that is
extremely grueling, as evidenced by the conclusions of the study. Female attorneys simply do not
have extra time in a 24-hour period, thus making it difficult for them to provide an interview.
This study involved many female attorneys that had utilized part-time or remote accommodation
and were caretakers. If a larger sample were involved, the data may have demonstrated different
results, and possibly a lower emphasis on caretaker discrimination as demonstrated in previous
literature. In addition, a possible limitation could be posited as a post-pandemic situation. The
pandemic created a global change in how the workplace is viewed. Although this is a new reality
and therefore may not be considered a limitation, this study may have presented different results
three years previously. The sample size and characteristics may also have contributed to an
inclination to discuss barriers and challenges as opposed to positive aspects of the profession that
caused female attorneys to remain.
Lastly, it is important to note that this sample size was small and also involved a
researcher that, as a childless male attorney, likely exhibits an internal bias and cannot
understand the dynamics involved in the relationship between caretaking responsibilities and
practicing law. Although the participants in this study discussed caretaking responsibilities as a
significant challenge to practicing law, all participants were still practicing. Any conclusions
that female attorneys cannot highly succeed at both endeavors was not the intention.
Delimitations
Although the data provided by participants was relatively consistent, a delimitation of the
study was the non-differentiation of the different levels of partner and associate attorneys. Had
the sample been larger, this may have provided more variance in the data. Utilizing a larger
GENDER GAPS IN THE LEGAL PROFESSION 90

sample and differentiating the professional levels would likely provide different viewpoints that
may create a different conclusion. In addition, aside from career levels, some participants
indicated that specific practice areas are far less demanding which would provide different data,
however, in this study, participants had a large range of practice areas and provided consistent
data. This could be viewed as a delimitation and likely would have been larger if the sample
would have been increased. However, if a large sample could be constructed and then dissected
by practice area and by career level, correlations could be made on a more microscopic level that
may introduce data that could be further explored. Lastly, a delimitation that emerged as
interviews were taking place was research question construction. The data began to heavily
demonstrate the barriers facing female attorneys as opposed to retention boosting elements. The
research questions are phrased as: elements that affected female attorneys to remain in the
profession. The phrasing inherent in the questions lends to a conclusion that the elements will
have a positive effect on retention. However, the data produced by the interviews was mainly
focused on barriers to female attorneys in the practice, and although they were still practicing,
these elements acted as a negative weight on female attorneys’ desires to continue practicing.
Recommendations for Future Research
Future research should focus on delineation and compartmentalization. Different levels of
promotion should be analyzed separately to the extent that equity partners vs. non-equity partners
will likely provide slightly different datasets. Research exists that compares non-partners to
partners but not extensively. In addition, future research should examine the effects of women to
women benefits and discrimination. Multiple participants in this study stated that this is a
problem that exists and is a larger issue than discrimination they experienced from a male-
GENDER GAPS IN THE LEGAL PROFESSION 91

dominated culture. However, this research should be coupled and weighted with the advantages
that women provide when in high-level positions.
Furthermore, future research should examine in depth the particular career pathways of
female attorneys. This would include data on attorneys that had exited the field of private law
and simply left the profession altogether or if they had moved to fields such as general counsel,
etc. This research exists on a small scale but a large-scale project that examined in-depth the
number of times a female had exited the profession and re-entered and the difficulties associated
with that type of professional path would be beneficial.
Conclusion
Private law firms and society in general view a variance in female to male professional
numbers as a personal choice on the part of females. Assumptions are made that females make a
personal choice to be a caretaker and sacrifice a profession to do so. Rhode (1991), a leading
scholar on this subject, referred to this as the “No-Problem” Problem. This is because it is not a
problem that firms or society views as one worthy of repair. Although the situation has been
much improved for female attorneys since the time of Ms. Rhode’s research, there is still much
to be done.
This study focused on environmental and personal barriers that influence female
attorneys in their decisions to remain in the practice of private law. Eleven female attorneys were
interviewed and found an overarching theme within the responses. Time was the leading barrier
mentioned by respondents, particularly the way the environment views and treats time with
respect to personal responsibilities. In a society in which the majority of caretaking
responsibilities falls on women, organizations need to be cognizant of this principle in order to
retain quality employees. In addition, the recent pandemic has changed the way that society
GENDER GAPS IN THE LEGAL PROFESSION 92

views the workplace in general and as these viewpoints get institutionalized and put in practice,
workplaces will need to be more mindful of retention issues moving forward as a standard
practice. Society has come to place more value on work/life balance and family/friends which is
going to have a large impact on the workforce. Marginalized groups are currently leaving
professions more rapidly. Research such as this study should serve as beacons to institutions to
begin implementing foundational principles now before attrition problems escalate further. As
they do so, implementing practices such as remote and flexible work schedules, removing
attached stigmas, and adjusting performance metrics, will not only assist them in retaining high-
quality teams, but will also help workspaces grow and evolve as we equalize opportunity
between different societal groups.

GENDER GAPS IN THE LEGAL PROFESSION 93

References
Abel, R. L. (1991). American lawyers. Oxford University Press.
Adams, E. S., & Engel, S. P. (2015). Gender diversity and disparity in the legal profession: An
empirical analysis of the gender profile in national law firms and law schools. Buffalo
Law Review, 63(5), 1211–1261.
Aiken, J. R., & Regan, M. C. (2016). Choice, constraint, and women’s job movements in the
legal profession. In S. Headworth, R. L. Nelson, R. Dinovitzer, & D. B. Wilkins (Eds.),
Diversity in practice: Race, gender, and class in legal and professional careers (pp. 301–
327). Cambridge University Press. https://doi.org/10.1017/CBO9781316402481
Albert, A. J. (2006). The use of MacKinnon’s dominance feminism to evaluate and effectuate the
advancement of women lawyers as leaders within large law firms. Hofstra Law Review,
35(1), 291–325.
Albiston. (2007). Institutional perspectives on law, work, and family. Annual Review of Law and
Social Science, 3(1), 397–426.
https://doi.org/10.1146/annurev.lawsocsci.3.081806.112803
American Bar Association (ABA) (2002). Commission on Billable Hours Report, 2001-2002.
United States: American Bar Association.
American Bar Association. (2017). ABA presidential initiative on achieving long-term careers
for women in law. Perspectives, 26(2), 15.
https://www.americanbar.org/content/dam/aba/administrative/office_president/Initiative_
Overview.authcheckdam.pdf
GENDER GAPS IN THE LEGAL PROFESSION 94

American Bar Association. (2021). ABA profile of the legal profession.
https://www.americanbar.org/content/dam/aba/administrative/news/2020/07/potlp2020.p
df
Anker, J., & Krill, P. R. (2021). Stress, drink, leave: An examination of gender-specific risk
factors for mental health problems and attrition among licensed attorneys. PloS One,
16(5), e0250563. https://doi.org/10.1371/journal.pone.0250563
Arzeen, N., Hamid, M., Shah,M., Arzeem, S., Mustafa, G., ul Hassan, Z. (2022). Gender
differences in psychological distress and psychological well-being among lawyers. Life
and Science, 3(2). https://doi.org/10.37185/Lns.1.1.192
Ashenhurst. (2010). Mentoring the lawyer, past and present: Some reflections. Ottawa Law
Review, 42(1), 125–153.
Ayodeji, F., & Akinbode, G. (2017). Gender and family characteristics differences in work-
family, family-work conflicts and stress among dual-income earners families:(an
empirical analysis in cosmopolitan Lagos, Nigeria). Gender and Behaviour, 15(3), 9424-
9453.
Azmat, G., & Ferrer, R. (2017). Gender gaps in performance: Evidence from young lawyers. The
Journal of Political Economy, 125(5), 1306–1355. https://doi.org/10.1086/693686
Babcock, L. (2003). Women don’t ask: Negotiation and the gender divide. Princeton University
Press.
Bambauer, J. R., & Rahman, T. (2020). The quiet resignation: Why do so many female lawyers
abandon their careers? UC Irvine Law Review, 10(3), 799–854.
Bandura, A. (1988). Organisational applications of social cognitive theory. Australian Journal of
Management, 13(2), 275–302. https://doi.org/10.1177/031289628801300210
GENDER GAPS IN THE LEGAL PROFESSION 95

Bandura, A. (1991). Social cognitive theory of self-regulation. Organizational Behavior and
Human Decision Processes, 50(2), 248–287. https://doi.org/10.1016/0749-
5978(91)90022-L
Bartow, A. (2005). Some dumb girl syndrome: Challenging and subverting destructive
stereotypes of female attorneys. William & Mary Journal of Women and the Law, 11(2),
221–266.
Bear. (2021). Forget the “Mommy Track”: Temporal Flexibility Increases Promotion Aspirations
for Women and Reduces Gender Gaps. Psychology of Women Quarterly, 45(3), 294–307.
https://doi.org/10.1177/03616843211003070
Blair-Loy, Hochschild, A., Pugh, A. J., Williams, J. C., & Hartmann, H. (2015). Stability and
transformation in gender, work, and family: insights from the second shift for the next
quarter century. Community, Work & Family, 18(4), 435–454.
https://doi.org/10.1080/13668803.2015.1080664
Bergin, A. J., & Jimmieson, N. L. (2014). Australian lawyer well-being: workplace demands,
resources and the impact of time-billing targets. Psychiatry, Psychology, and Law, 21(3),
427-441. https://10.1080/13218719.2013.822783
Blahopoulou, J., Ortiz-Bonnin, S., Montañez-Juan, M., Torrens Espinosa, G., & García-Buades,
M. E. (2022). Telework satisfaction, well-being and performance in the digital era.
Lessons learned during COVID-19 lockdown in Spain. Current Psychology, 41(5), 2507-
2520. https://10.1007/s12144-022-02873-x
Bornstein. (2013). The legal and policy implications of the “flexibility stigma.” Journal of Social
Issues, 69(2), 389–405. https://doi.org/10.1111/josi.12020

GENDER GAPS IN THE LEGAL PROFESSION 96

Bradwell v. The State, 83 U.S. 130 (1873).
https://www.law.cornell.edu/supremecourt/text/83/130
Briscoe, F., & Von Nordenflycht, A. (2016). The effectiveness of inheritance vs. rainmaking
strategies in building books of business for female and minority partners. In S.
Headworth, R. L. Nelson, R. Dinovitzer, & D. B. Wilkins (Eds.), Diversity in practice:
Race, gender, and class in legal and professional careers (pp. 301–327). Cambridge
University Press. https://doi.org/10.1017/CBO9781316402481
Brockman. (1994). Leaving the Practice of Law: The Wherefores and the Whys. Alberta Law
Review, 32(1), 116–. https://doi.org/10.29173/alr1184
Broderick, E. (2006). Clock watching : the impact of billing for time. Reform (Sydney,
N.S.W.), 88, 32–33.
Burkholder, G. J., Cox, K. A., Crawford, L. M., & Hitchcock, J. H. (Eds.). (2019). Research
design and methods: An applied guide for the scholar-practitioner. Sage.
Carroll, C., & Brayfield, A. (2007). Lingering nuances: Gendered career motivations and
aspirations of first-year law students. Sociological Spectrum, 27(3), 225–255.
https://doi.org/10.1080/02732170701202709
Caillier, J. G. (2018). Do flexible work schedules reduce turnover in U.S. federal agencies? The
Social Science Journal, 55(2), 108-115. https://10.1016/j.soscij.2017.09.005
Chambliss, E., & Uggen, C. (2000). Men and women of elite law firms: Reevaluating Kanter’s
legacy. Law & Social Inquiry, 25(1), 41–68. https://doi.org/10.1111/j.1747-
4469.2000.tb00150.x
Chowdhury, N. K. (2016). Gender discrimination: Evidence from young lawyers. ProQuest
Dissertations.
GENDER GAPS IN THE LEGAL PROFESSION 97

Clark. (2013). Louisiana Lawyers’ Assistance Program: Attorneys are more prone to burnout,
depression. New Orleans CityBusiness.
Cohen, N. (2016, February 29). Women lawyers, discipline and leaving the practice of law. The
Docket, 38, 8–12. https://issuu.com/dbadocket/docs/docket_march_2016
Conley, J. M. (2006). Tales of diversity: Lawyers’ narratives of racial equity in private firms.
Law & Social Inquiry, 31(4), 831–853. https://doi.org/10.1111/j.1747-4469.2006.00037.x
Credit Suisse. (2014). Companies with higher female participation at board level or in top
management exhibit higher returns, higher valuations and higher payout ratios,
according to a report by Credit Suisse Research Institute. https://www.credit-
suisse.com/about-us-news/en/articles/media-releases/42376-201409.html
Creswell, J. W., & Poth, C.N. (2018). Qualitative inquiry & research design: Choosing among
five approaches (4th ed.). Sage.
Crosby, Williams, J. C., & Biernat, M. (2004). The maternal wall. Journal of Social
Issues, 60(4), 675–682. https://doi.org/10.1111/j.0022-4537.2004.00379.x
Cunningham, G. B., Bruening, J., Sartore, M. L., Sagas, M., & Fink, J. S. (2005). The application
of social cognitive career theory to sport and leisure career choices. Journal of Career
Development, 32(2), 122–138. https://doi.org/10.1177/0894845305279164
D’Angelo-Corker, K. (2019). Don’t call me sweetheart! Why the ABA’s new rule addressing
harassment and discrimination is so important for women working in the legal profession
today. Lewis & Clark Law Review, 23(1), 263–309.
Delamont, S. (2016). Fieldwork in educational settings: Methods, pitfalls and perspectives.
Routledge.
GENDER GAPS IN THE LEGAL PROFESSION 98

Dinovitzer, R., & Dawe, M. (2016). Early legal careers in comparative context: Evidence from
Canada and the United States. International Journal of the Legal Profession, 23(1), 83–
107. https://doi.org/10.1080/09695958.2015.1113971
Dinovitzer, R., Reichman, N., & Sterling, J. (2009). The differential valuation of women’s work:
A new look at the gender gap in lawyers’ incomes. Social Forces, 88(2), 819–864.
https://doi.org/10.1353/sof.0.0260
Djak, I. (2015). The case for not “accommodating” women at large law firms: de-stigmatizing
flexible work programs. The Georgetown Journal of Legal Ethics, 28(3), 521.
Downey, B. (2015). The looking glass self and deliberation bias in qualitative interviews.
Sociological Spectrum, 35(6), 534–551. https://doi.org/10.1080/02732173.2015.1064803
Durrani, & Singh, P. (2011). Women, Private Practice and Billable Hours: Time for a Total
Rewards Strategy? Compensation and Benefits Review, 43(5), 300–305.
https://doi.org/10.1177/0886368711416434
Epstein, C. F., & Kolker, A. (2013). The impact of the economic downturn on women lawyers in
the United States. Indiana Journal of Global Legal Studies, 20(2), 1169–1202.
https://doi.org/10.2979/indjglolegstu.20.2.1169
Epstein, C. F., Seron, C., Oglensky, B., & Sauté, R. (1999). The part-time paradox. Routledge.
Fortney, S. S. (2005). The billable hours derby: empirical data on the problems and pressure
points. The Fordham Urban Law Journal, 33(1), 171.
Fritsch, J. (2002). 2 women accuse law firm of discrimination. The New York Times, 151(52000),
B8.
Galanter, M., & Palay, T. (1991). Tournament of lawyers: The transformation of the big law
firm. The University of Chicago Press.
GENDER GAPS IN THE LEGAL PROFESSION 99

Ganguli, I., Hausmann, R., & Viarengo, M. (2021). Gender differences in professional career
dynamics: New evidence from a global law firm. Economica, 88(349), 105–128.
https://doi.org/10.1111/ecca.12342
George, T. J., Atwater, L. E., Maneethai, D., & Madera, J. M. (2021). Supporting the
productivity and well-being of remote workers: Lessons from COVID-19. Organizational
Dynamics,100869. https://https://doi.org/10.1016/j.orgdyn.2021.100869
Gersen, J. S. (2017). The Socratic method in the age of trauma. Harvard Law Review, 130(9),
2320–2347.
Giannamore. (2017). The “mommy track.” Florida Bar News, 44(7), 2.
Ginsburg, R. B. (1986). Some thoughts on the 1980’s debate over special versus equal treatment
for women. Law & Inequity, 4(1), 143–151.
Gorman, E. H. (2005). Gender stereotypes, same-gender preferences, and organizational
variation in the hiring of women: Evidence from law firms. American Sociological
Review, 70(4), 702–728. https://doi.org/10.1177/000312240507000408
Hakim, C. (2006). Women, careers, and work-life preferences. British Journal of Guidance &
Counselling, 34(3), 279–294. https://doi.org/10.1080/03069880600769118
Hardin, E. E., & Longhurst, M. O. (2016). Understanding the gender gap: Social cognitive
changes during an introductory STEM course. Journal of Counseling Psychology, 63(2),
233–239. https://doi.org/10.1037/cou0000119
Harrington, A., Marshall, B. L., & Müller, H. (2012). Encyclopedia of social theory. Taylor &
Francis. https://doi.org/10.4324/9780203825471
Haylock, J. (2008). Cravath by the sea: Recruitment in the large Halifax law firm, 1900-1955.
Dalhousie Law Journal, 31(2), 401–425.
GENDER GAPS IN THE LEGAL PROFESSION 100

Heinz, J. P., Nelson, R. L., & Laumann, E. O. (2001). The scale of justice: Observations on the
transformation of urban law practice. Annual Review of Sociology, 27(1), 337–362.
https://doi.org/10.1146/annurev.soc.27.1.337
Hersch, J., & Meyers, E. E. (2019). Why are seemingly satisfied female lawyers running for the
exits? Resolving the paradox using national data. Marquette Law Review, 102(3), 915–
948.
Hochschild, & Machung, A. (1990). The second shift. Avon Books.
Hughes, E. M. (2017). Shattering the hire ceiling: Why disproportionately few women are
partners at large law firms. College Undergraduate Research Electronic Journal.
https://repository.upenn.edu/curej/210
Jackson, L. (2017, January 1). How can barriers to advancement be removed for women at large
law firms? ABA Journal.
http://www.abajournal.com/magazine/article/visible_difference_women_law
Johnson, R. B., & Christensen, L. B. (2015). Educational research: Quantitative, qualitative,
and mixed approaches (5th ed., pp. 223–246). Thousand Oaks: Sage.
Kan, M. Y. (2007). Work orientation and wives’ employment careers: An evaluation of Hakim’s
preference theory. Work and Occupations, 34(4), 430–462.
https://doi.org/10.1177/0730888407307200
Katz, L.T. (2020). Tearing down the maternal wall in the legal profession: a perspective inspired
by difference feminism. The Georgetown Journal of Gender and the Law, 22(1), 213–.
Kay, F. M. (2019). Launching careers in law, entry to first jobs after law school. In M.
Choroszewicz & T. L. Adams (Eds.), Gender, age and inequality in the professions (pp.
95–113). Routledge. https://doi.org/10.4324/9781351052467
GENDER GAPS IN THE LEGAL PROFESSION 101

Kay, F.M., Alarie, S. L., & Adjei, J. K. (2013). Leaving Private Practice: How Organizational
Context, Time Pressures, and Structural Inflexibilities Shape Departures from Private
Law Practice. Indiana Journal of Global Legal Studies, 20(2), 1223–1260.
https://doi.org/10.2979/indjglolegstu.20.2.1223
Kay, F. M., Alarie, S. L., & Adjei, J. K. (2016). Undermining gender equality: Female attrition
from private law practice. Law & Society Review, 50(3), 766–801.
https://doi.org/10.1111/lasr.12214
Kay, F. M., & Hagan, J. (1998). Raising the bar: The gender stratification of law-firm capital.
American Sociological Review, 63(5), 728–743. https://doi.org/10.2307/2657336
Kay, F. M., & Wallace, J. E. (2009). Mentors as social capital: Gender, mentors, and career
rewards in law practice. Sociological Inquiry, 79(4), 418–452.
https://doi.org/10.1111/j.1475-682X.2009.00301.x
Kaye, J. S., & Reddy, A. C. (2008). The progress of women lawyers at big firms: Steadied or
simply studied? Fordham Law Review, 76(4), 1941–1974.
Lent, R. W., Brown, S. D., & Hackett, G. (2000). Contextual supports and barriers to career
choice: A social cognitive analysis. Journal of Counseling Psychology, 47(1), 36–49.
https://doi.org/10.1037/0022-0167.47.1.36
Leopard Solutions. (2022). Women Leaving Law. https://www.leopardsolutions.com/wp-
content/uploads/Women-Leaving-Law-Final.pdf
Levinson, J. D., & Young, D. (2010). Implicit gender bias in the legal profession: An empirical
study. Duke Journal of Gender Law & Policy, 18(1), 1–44.
Liebenberg, R., & Scharf, S. (2019). Walking out the door: The facts, figures, and the future of
experienced women lawyers in private practice.
GENDER GAPS IN THE LEGAL PROFESSION 102

https://www.americanbar.org/content/dam/aba/administrative/women/walkoutdoor_onlin
e_042320.pdf
Lin, C., Liu, C., & Liao, W. (2020). Being excellent: Predicting team performance based on
social cognitive theory and social identification theory. Total Quality Management &
Business Excellence, 31(11–12), 1363–1380.
https://doi.org/10.1080/14783363.2018.1485483
Lincoln, Y. S., & Guba, E. G. (1985). Naturalistic inquiry. Sage.
Lo Iacono, V., Symonds, P., & Brown, D. H. K. (2016). Skype as a tool for qualitative research
interviews. Sociological Research Online, 21(2), 103–117.
https://doi.org/10.5153/sro.3952
Lyness, K. S., & Grotto, A. R. (2018). Women and leadership in the United States: Are we
closing the gender gap? Annual Review of Organizational Psychology and
Organizational Behavior, 5(1), 227–265. https://doi.org/10.1146/annurev-orgpsych-
032117-104739
Lyon, A. (2017, October 10). Epistemology, ontology, and axiology in research [Video].
YouTube. https://www.youtube.com/watch?v=AhdZOsBps5o
Merriam, S. B., & Tisdell, E. J. (2016). Qualitative research: A guide to design and
implementation (4th ed.). Jossey-Bass.
Metz, I., & Kulik, C. T. (2017). Women at the top: Will more women in senior roles impact
organizational outcomes? Oxford University Press.
https://doi.org/10.1093/oxfordhb/9780190650230.013.7
Minority Corporate Counsel Association. (2014, June 29). DuPont, General Mills, Verizon and
Walmart launch “engage excellence” minority lawyer inclusion incentive program: one
GENDER GAPS IN THE LEGAL PROFESSION 103

answer to the call to action [Press release]. https://www.mcca.com/mcca-article/engage-
excellence/
Mossman, M. J. (2006). The first women lawyers: A comparative study of gender, law and the
legal professions. Hart.
National Association for Law Placement. (2003). Keeping the keepers II. Mobility and
Management of Associates, 23.
National Association for Law Placement. (2019a). Representation of women and minority equity
partners among partners little changed in recent years.
https://www.nalp.org/0419research
National Association for Law Placement. (2019b). 2019 report on diversity in U.S. law firms.
https://www.nalp.org/uploads/2019_DiversityReport.pdf
National Association for Law Placement. (2022, January). 2021 Report on Diversity in U.S. Law
Firms. https://www.nalp.org/reportondiversity
New York State Bar Association. (2020). The time is now: Achieving equality for women
attorneys in the courtroom and in ADR: 2020 women’s initiative task force follow up
study. https://nysba.org/app/uploads/2020/06/5.-Report-and-recommendations-of-
Commercial-and-Federal-Agenda-Item-11-2-1.pdf
New York State Bar Association (NYSBA). (2021). Report and Recommendations of the NYSBA
Task Force on Attorney Well Being. https://nysba.org/app/uploads/2021/10/Report-on-
Task-Force-on-WellBeing-
Noonan, & Corcoran, M. E. (2004). The Mommy Track and Partnership: Temporary Delay or
Dead End? The Annals of the American Academy of Political and Social Science, 596(1),
130–150. https://doi.org/10.1177/0002716204268773
GENDER GAPS IN THE LEGAL PROFESSION 104

Nguyen Le, T. A., Lo Sasso, A. T., & Vujicic, M. (2017). Trends in the earnings gender gap
among dentists, physicians, and lawyers. The Journal of the American Dental Association,
148(4), P257–P262.e2. https://doi.org/10.1016/j.adaj.2017.01.005
Noonan, M. C., & Corcoran, M. E. (2004). The mommy track and partnership: Temporary delay
or dead end? The Annals of the American Academy of Political and Social Science,
596(1), 130–150. https://doi.org/10.1177/0002716204268773
Noonan, M. C., Corcoran, M. E., & Courant, P. N. (2005). Pay differences among the highly
trained: Cohort differences in the sex gap in lawyers’ earnings. Social Forces, 84(2),
853–872. https://doi.org/10.1353/sof.2006.0021
Olson, K. (2011). Essentials of qualitative interviewing. Left Coast Press.
Omari, M., & Paull, M. (2013). ‘Shut up and bill’: Workplace bullying challenges for the legal
profession. International Journal of the Legal Profession, 20(2), 141–160.
https://doi.org/10.1080/09695958.2013.874350
Pardau. (2013). Bill, baby bill: how the billable hour emerged as the primary method of attorney
fee generation and why early reports of its demise may be greatly exaggerated. Idaho
Law Review, 50(1), 1.
Park, K. H., & Rim, N. (2020). The disparate impact of up-or-out promotion policy on fertility
timing. American Law and Economics Review, 22(1), 127–172.
https://doi.org/10.1093/aler/ahaa003
Patton, M. Q. (2002). Qualitative research and evaluation methods (3rd ed., pp. 339–380). Sage.
Patton, P. A. (2005). Women lawyers, their status, influence, and retention in the legal
profession. William & Mary Journal of Women and the Law, 11(2), 173–194.
GENDER GAPS IN THE LEGAL PROFESSION 105

Pearce, R. G., Wald, E., & Ballakrishnen, S. S. (2015). Difference blindness vs. bias awareness:
Why law firms with the best of intentions have failed to create diverse partnerships.
Fordham Law Review, 83(5), 2407–2455.
Pelura, G. (2021). COVID-19 and its effect on gender diversity in the law.
https://www.americanbar.org/groups/litigation/committees/woman-
advocate/practice/2021/covid19-and-its-effect-on-gender-diversity-in-the-law/
Pinnington, A. H., & Sandberg, J. (2013). Lawyers’ professional careers: Increasing women’s
inclusion in the partnership of law firms. Gender, Work, and Organization; Gender,
Work and Organization, 20(6), 616–631. https://doi.org/10.1111/j.1468-
0432.2012.00610.x
Plickert, G. (2019). A life course approach to workplace discrimination and employment. In M.
Choroszewicz & T. L. Adams (Eds.), Gender, age and inequality in the professions (pp.
95–113). Routledge. https://doi.org/10.4324/9781351052467
Plickert, G., & Sterling, J. (2017). Gender still matters: Effects of workplace discrimination on
employment schedules of young professionals. Laws, 6(4), 28.
https://doi.org/10.3390/laws6040028
Poggenpoel, M., & Myburgh, C. (2003). The researcher as research instrument in educational
research: A possible threat to trustworthiness? Education, 124(2), 418–421.
Pringle, J. K., Harris, C., Ravenswood, K., Giddings, L., Ryan, I., & Jaeger, S. (2017). Women’s
career progression in law firms: Views from the top, views from below. Gender, Work,
and Organization, 24(4), 435–449. https://doi.org/10.1111/gwao.12180
Purvis, A. (2018). Women in the legal profession: How gender barriers and attrition are keeping
women out of the judiciary. The Journal of the Legal Profession, 43(2), 283–296.
GENDER GAPS IN THE LEGAL PROFESSION 106

Redd, N. J. (2019). Mommy tracks and legal practice. The encyclopedia of women and crime.
John Wiley & Sons. https://doi.org/10.1002/9781118929803.ewac0357
Reichman, N. J., & Sterling, J. S. (2002). Recasting the brass ring: Deconstructing and
reconstructing workplace opportunities for women lawyers. Capital University Law
Review, 29(4), 923–977.
Rhode, D. L. (1991). The “no-problem” problem: Feminist challenges and cultural change. The
Yale Law Journal, 100(6), 1731–1793. https://doi.org/10.2307/796785
Rhode, D. L. (2001). Gender and the profession: The no-problem problem. Hofstra L. Rev., 30,
1001.
Rhode, D. L. (2011). From platitudes to priorities: Diversity and gender equity in law firms. The
Georgetown Journal of Legal Ethics, 24(4), 1041–1077.
Rickleen, L. S. (2015). Women lawyers continue to lag behind male colleagues. Women
Lawyers’ Journal, 100(4), 25–40.
Roberts, K. (2019). Attorney salary negotiations: Are they to blame for the gender pay gap
among lawyers? The Young Lawyer, 23(3), 7.
Sandefur, R. L. (2007). Staying power: The persistence of social inequality in shaping lawyer
stratification and lawyers’ persistence in the profession. Southwestern University Law
Review, 36(3), 539–556.
Sawyer, J. D., Vandenack, M. E., & Wood, B. A. (2018). Leaving big law to forge a new path.
Probate and Property, 32(6), 50–53.
Schroer, J. (1993, October 7). Running From the Law: Discontented Lawyers Flee Profession.
USA Today, B1

GENDER GAPS IN THE LEGAL PROFESSION 107

Singletary, Royal, K., & Purnell, K. (2021). Diversity Committees During the Era of Social
Justice:Where Do We Go From Here? The International Journal of Information,
Diversity, & Inclusion, 5(5), 1–9. https://doi.org/10.33137/IJIDI.V5I5.37145
Sloan, K.(2021, November 04) Proposed cap on lawyer hours a tough sell in legal business
boom. Reuters. https://www.reuters.com/legal/legalindustry/proposed-cap-
lawyer-hours-tough-sell-legal-business-boom-2021-11-04/
Slotkin, J. H. (2002). Should I have learned to cook? Interviews with women lawyers juggling
multiple roles. Hastings Women’s Law Journal, 13(2), 147–186.
Smigel, E. O. (1969). The Wall Street lawyer, professional organization man? Indiana
University Press.
Stephen, J. (2016). Down in flames: How to recognize attorney burnout and rekindle the
fire. Wisconsin Law Journal.
Sterling, J., & Chanow, L. (2021). In their own words: Experienced women lawyers explain why
they are leaving their law firms and the profession.
https://www.americanbar.org/content/dam/aba/administrative/women/intheirownwords-f-
4-19-21-final.pdf
Sterling, J., Dinovitzer, R., & Garth, B. (2007). The changing social role of urban law schools.
Southwestern University Law Review, 36(3), 389–432.
Sterling, J. S., & Reichman, N. (2016). Overlooked and undervalued: Women in private law
practice. Annual Review of Law and Social Science, 12(1), 373–393.
https://doi.org/10.1146/annurev-lawsocsci-120814-121705
GENDER GAPS IN THE LEGAL PROFESSION 108

Stone, P. & Hernandez, L. A. (2013). The all-or-nothing workplace: flexibility stigma and
“opting out” among professional-managerial women. Journal of Social Issues, 69(2),
235–256. https://doi.org/10.1111/josi.12013
Swaine, R. T. 1. (1946). The Cravath firm and its predecessors 1819-1947. Ad Press.
Thornton, M. (2016a). Work/life or work/work? Corporate legal practice in the twenty-first
century. International Journal of the Legal Profession, 23(1), 13–39.
https://doi.org/10.1080/09695958.2015.1093939
Thornton, M. (2016b). The flexible cyborg: Work-life balance in legal practice. The Sydney Law
Review, 38(1), 1–21.
Tomlinson, Muzio, D., Sommerlad, H., Webley, L., & Duff, L. (2013). Structure, agency and
career strategies of White women and Black and minority ethnic individuals in the legal
profession. Human Relations, 66(2), 245–269.
https://doi.org/10.1177/0018726712460556
Trainor, A. A., & Graue, E. (2013). Reviewing qualitative research in the social sciences.
Routledge. https://doi.org/10.4324/9780203813324
Triedman, J. (2015). A few good women: The number of female equity partners at Am Law 200
firms has been stagnant for a decade; is it time for quotas? The American Lawyer, 37(6),
38.
UC Hastings College of the Law, Center for WorkLife Law. (2013). Effective policies and
programs for retention and advancement of women in the law. Effective-Policies-and-
Programs-for-Retention-and-Advancement-of-Women-in-the-Law.pdf
University of Texas. (2021). Accelerate first-year associates.
https://law.utexas.edu/cwil/accelerate-first-years/
GENDER GAPS IN THE LEGAL PROFESSION 109

Valentine, S., & Fleischman, G. (2003). The impact of self-esteem, Machiavellianism, and social
capital on attorneys' traditional gender outlook. Journal of Business Ethics, 43(4), 323-
335. https://10.1023/A:1023008828115
Vecchio, R. P. (2002). Leadership and gender advantage. The Leadership Quarterly, 13(6), 643–
671. https://doi.org/10.1016/S1048-9843(02)00156-X
Wald, E. (2010). Glass ceilings and dead ends: Professional ideologies, gender stereotypes, and
the future of women lawyers at large law firms. Fordham Law Review, 78(5), 2245–
2288.
Walsh, J. (2012). Not worth the sacrifice? Women’s aspirations and career progression in law
firms. Gender, Work, and Organization, 19(5), 508–531. https://doi.org/10.1111/j.1468-
0432.2012.00607.x
Weiner-Levy, N., & Popper-Giveon, A. (2011). The absent, the hidden and the obscured:
Reflections on “dark matter” in qualitative research. Quality & Quantity, 47(4), 2177–
2190. https://doi.org/10.1007/s11135-011-9650-7
Weisberg, D. K. (1977). Barred from the bar: Women and legal education in the United States
1870-1890. Journal of Legal Education, 28(4), 485–507.
Weiss, R. S. (1994). Learning from strangers: The art and method of qualitative interview
studies (pp. 51–59). The Free Press.
Wieland, A. M., Kemmelmeier, M., Gupta, V. K., & McKelvey, W. (2019). Gendered
cognitions: A socio-cognitive model of how gender affects entrepreneurial preferences.
Entrepreneurship and Regional Development, 31(3–4), 178–197.
https://doi.org/10.1080/08985626.2018.1551787
GENDER GAPS IN THE LEGAL PROFESSION 110

Wilkins, D. B., & Gulati, G. M. (1996). Why are there so few Black lawyers in corporate law
firms? An institutional analysis. California Law Review, 84(3), 493–625.
https://doi.org/10.2307/3480962
Women Lawyers of Utah. (2010). The Utah report: The initiative on the advancement and
retention of women in law firms. https://ms-jd.org/files/wlu_report_final.pdf
Women Lawyers of Utah. (2020). Barriers to advancement: Findings from the 2020 study of
gender and racial bias in Utah’s legal profession.
https://initiative.utahwomenlawyers.org/

GENDER GAPS IN THE LEGAL PROFESSION 111

Appendix A: Interview Questions
Interview Questions RQ Addressed
Have you ever considered leaving the firm and what are the reasons you
decided to stay?

1
What culture elements do you feel have contributed to female attorneys
remaining with the firm or within the profession?

1
What barriers exist that impact females in private law positions? 1
How do you view expectations, roles, or responsibilities in your role?
Follow up: Do you you think law firms have different expectations
men and women? If yes, how so?
1
Can you describe the support systems available to you both within the firm
and outside of the workplace?

1
What motivations drive you professionally and how do those affect how you
view your career long-term?

2
How have mentors affected your confidence and motivations in the
development of your career as an attorney?

2
What attributes or characteristics do you feel contribute to long-term success
as an attorney?

2
From your perspective, how did COVID-19 affect attorney attrition in your
firm?
Follow up: Do you feel that the pandemic affected the
attrition of female lawyers differently? Why or why not?
3
What resources did your firm provide to mitigate the effects of COVID-19
in the workplace?

3
How did the COVID-19 pandemic affect your motivations to continue
working in private law?
3

Abstract (if available)

Linked assets

University of Southern California Dissertations and Theses

Conceptually similar

PDF

COVID-19 pandemic: the impact on the Napa Valley wine industry workers

PDF

Women in information technology senior leadership: incremental progress and continuing challenges

PDF

Military spouse well-being during the COVID-19 pandemic

PDF

Students’ sense of belonging: college student and staff perspectives during COVID-19

PDF

Negotiation strategies for women impacting the expanding gender earnings gap at midlife

PDF

A legacy of resilience: the experiences of African-American female attorneys: a case study

PDF

Why are they still here: a look at employee retention amidst the COVID-19 pandemic

PDF

Understanding burnout in non-denominational clergy: a social cognitive approach

PDF

Inclusive gender practices in middle schools: a study on supports and practical solutions for California administrators

PDF

Perception of Work Intensification and Well-Being Among Hybrid University Staff in the Post-COVID-19 Context

PDF

Intersectional equity in higher education leadership: leveraging social capital for success

PDF

Gender-based leadership barriers: an exploratory study of the underrepresentation of women of color in technology

PDF

Burnout of female executive directors in nonprofit organizations during COVID-19

PDF

Culturally responsive principal leadership and its influence on teachers in urban settings.

PDF

Toward equity and inclusion for developmentally disabled persons: a study of electoral engagement

PDF

Understanding teacher leadership styles in relation to student outcomes

PDF

We sant you! Kind of: Exploring the experiences of women pastors/leaders in Christian churches

PDF

A curriculum for faculty implementation of culturally relevant instruction in a community college classroom

PDF

An analysis of influences to faculty retention at a Philippine college

PDF

Marijuana legalization and driving: a lack of consistency

Asset Metadata

Creator Christensen, Matthew (author)

Core Title A case Study of gender gaps in the legal profession

School Rossier School of Education

Degree Doctor of Education

Degree Program Organizational Change and Leadership (On Line)

Degree Conferral Date 2023-05

Publication Date 06/13/2023

Defense Date 06/13/2023

Publisher University of Southern California (original), University of Southern California. Libraries (digital)

Tag attorney,COVID,equality,gender,inclusive,OAI-PMH Harvest,private law firm,work life balance

Format theses (aat)

Language English

Contributor Electronically uploaded by the author (provenance)

Advisor Hirabayashi, Kimberly (committee chair), Keller Muraszewski, Alison (committee member), Sloane Krop, Cathy (committee member)

Creator Email mattchri@usc.edu

Permanent Link (DOI) https://doi.org/10.25549/usctheses-oUC113170480

Unique identifier UC113170480

Identifier etd-Christense-11952.pdf (filename)

Legacy Identifier etd-Christense-11952

Document Type Dissertation

Format theses (aat)

Rights Christensen, Matthew

Internet Media Type application/pdf

Type texts

Source 20230613-usctheses-batch-1055 (batch), University of Southern California (contributing entity), University of Southern California Dissertations and Theses (collection)

Access Conditions The author retains rights to his/her dissertation, thesis or other graduate work according to U.S. copyright law. Electronic access is being provided by the USC Libraries in agreement with the author, as the original true and official version of the work, but does not grant the reader permission to use the work if the desired use is covered by copyright. It is the author, as rights holder, who must provide use permission if such use is covered by copyright.

Repository Name University of Southern California Digital Library

Repository Location USC Digital Library, University of Southern California, University Park Campus MC 2810, 3434 South Grand Avenue, 2nd Floor, Los Angeles, California 90089-2810, USA

Repository Email cisadmin@lib.usc.edu