By Rachel Powitzky Steely
dominated by men, with women often relegated to background or supporting roles. Despite women now making up the majority of law school graduates according to the American Bar Association’s (“ABA”) 2023 Profile of the Legal Profession,1 the courtroom remains one of several final frontiers where the gender gap is starkly evident. In a 2021 report issued by the ABA’s Commission on Women in the Profession, research confirmed a disturbing gender gap among elite trial attorneys.2 This particular report focused on records from the U.S. Court of Appeals for the Seventh Circuit, although the report suggests the gender gap could be even worse in other courts.3 Another remaining frontier is women in law firm leadership roles. The National Association for Law Placement’s 2023 Report on Diversity in U.S. Law Firms found that, although women now ast year, I posted a picture of constitute the majority of law firm assoour trial team on LinkedIn and ciates at 50.3%, the repreasked my network if sentation of women among they had ever seen equity partners at firms is an all-female trial still only 23.7%.4 team in the courtroom. The These These disparities are responses were amazing and disparities not due to a lack of talent gratifying. For months, I had inquiries of “how” and “why” are not or ambition among female lawyers, but rather sysI put together an all-female due to a temic barriers and biases. trial team. There were many reasons, but the most obvilack of It is crucial to recognize ongoing challenges ous was that I had a team of talent or the that women face in the letalented litigators who were ambition gal profession, just as it is willing to work around the clock to prevail. among female to appreciate the transformative impact diverse perOver the last 15 years, I lawyers, but spectives bring to a trial have worked with many trial teams made up of mostly rather systemic team, firm, and clients. female lawyers. For a long barriers and In my opinion, three important factors play a role time, we drew the attention biases.” in growing the next genof judges, staff, and juries. eration of female lead trial One trial was dubbed the “boys attorneys: vs. girls” trial, and in another, the judge commented that he had never seen a 1. Clients promoting and supporting courtroom with only women. Slowly, female lead lawyers but surely, these outings are becoming Most publicly-traded companies more commonplace, and more women and large corporations insist on are leading the efforts at trial. diversity of trial counsel, but many The legal profession has long been
Purposeful Inclusion:
The Key to Growing Female Leadership in the Courtroom
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20 July/August 2024
thehoustonlawyer.com
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