A Career in the Courtroom: A Different Model for the Success ... - DRI

tunity with a client. However, this should not deter the female attorney from finding
other common social/recreational interests she can share with the client.
Women litigators also face the challenge of having their behavior misconstrued
when marketing to male clients. Although the majority of female attorneys strive to
cultivate professionalism, sometimes underlying sexual overtones are present by virtue
of the nature of the male-female relationship. While she may be an attorney, she is also
a woman in the eyes of her male client. Some female attorneys make a conscious effort
to avoid one-on-one marketing events such as going to dinner or events at night that
may be misconstrued by male clients. They reported that they felt more comfortable
if others were invited along, creating a group and enabling a mix of males and females.
Although there were no sexual overtones involved, one female attorney interviewed
by the Task Force reported that when she invited a male client to a basketball game,
the client’s wife reacted negatively. In another instance, a male partner thought that he
was doing his single female partner a favor by encouraging her client’s interest in her as
a woman. The client then proceeded to ask the female partner for a date. She refused.
When she conveyed her misgivings regarding the ethical propriety of the situation and
her feelings of discomfort to her male partner, he did not understand her concerns.
Since 1984, 39 percent to 49 percent of students graduating from law school have
been women. 4 Despite their representation in law firms, the majority of female attorneys
the Task Force surveyed expressed frustration over their exclusion from certain
firm marketing activities due to what they perceived as the “good ole boy” mind set.
One female attorney interviewed stated that when a team was put together to solicit
new business, she was never included even though her qualifications and expertise
may have greatly benefited the prospective client. Another female attorney stated
that despite her good relationship with her male partners, when a new case arrived at
the firm that was within her expertise, the managing partner would give it to one of
his buddies even though she may have been more qualified to handle the case.
While some of what may be gender bias has a foundation in active exclusion by the
male attorneys, other times the behavior could be innocent and attributable to insensitivity.
One study noted that men are most comfortable with others like themselves 5
whether it is junior male partners or male associates. This comfort level may be fostered
by either a common interest in sports, similar backgrounds, or some intangibles.
These informal relationships form the basis for mentors to pass on their “book of
business” to their protégés, a key factor in attaining partner status.
One senior woman associate reported that although she was highly valued by her
supervising partner, when he retired he passed on his more valuable clients to a male
associate who was junior to her and not more qualified. In retrospect, she believed that
this occurred because of the close personal relationship the partner and the young man
developed from their mutual interest in playing basketball. In some instances, female
associates face self-protective barriers erected by female partners. One reported that a
4 Wendy Werner, “Where Have the Women Attorneys Gone?” in Law Practice Today
(American Bar Association Law Practice Management Section, May 2004).
5 MCCA Report, supra note 2.
18 A Career in the Courtroom: A Different Model for the Success of Women Who Try Cases