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How Advancing Women In Law Advances The Firms Final
- 2. Overview of Presentation
• Where are the women? • What blocks the advancement of women?
Stereotypes/Bias
• Why should you care? Lack of mentors/sponsors
Costs of attrition Absence of role models
Pressure for diversity Exclusion from informal
Brain drain networks
Lack of opportunities for
Opportunity costs
advancement
Women leave to work for potential
clients Work/family conflict
Not just a “women’s issue” Stigmatized work/life policies
Compensation inequities
Inequity in the system designed to
preserve justice
• What can you do to retain talent?
y
Mentoring
• Why do women leave?
Business development
Myths
Credit assignment systems
Realities
Succession planning
Work assignment systems
g y
Addressing bias
Evaluation processes
Transparent advancement policies
Balanced hours policies
Compensation policies
Measure results
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 5. Percent of Positions at Law Firms By
G d
Gender
100
80
60 92%
52% 55% 74% 84%
56% 64%
40 48%
45%
20 44%
34%
0 27%
16%
6% Women
Men
Source: Catalyst, NALP
S C l A P
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 6. Percentage of Women
US Population
60
50 Law Students
40
Lawyers
30
20 Law Firm Partners
10
General Counsel
0
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 7. The Leaky Pipeline
Although the nation's law
g
schools for years have been
graduating classes that are
almost evenly split between
men and women, and
men and women and
although firms are
absorbing new associates in
numbers that largely reflect
that balance, something
unusual happens to most
women after they begin to
climb into the upper tiers of
law firms. They disappear.
They disappear.
Source: Epstein, Attrition of Senior
W
Women: The Leaky Pipeline
h k Pi li
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 8. Where Are the Women?
20 19.4
94
73% Women
15
Men
10
9.5
5
0
g
Average Years in Practice for Women
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 9. Where are Women of Color?
%o
% of Minority Women
o ty o e Attrition Rate for
tt t o Rate o
After 5 Years Minority Women by 8th
Year
Remaining Remaining
at first firm at First
Firm
i
Leaving
First Firm Leaving
First Firm
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 10. % Of Women Partners in Law Firms from
1994 2008
1994–2008
20.0%
18.0%
16.0%
14.0%
12.0%
10.0%
8.0%
6.0%
4.0%
2.0%
0.0%
1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
y
Source: Catalyst
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 12. WHY SHOULD YOU CARE?
C f A i i
•Costs of Attrition
•Pressure for Diversity
•Brain Drain
•Opportunity Costs
•Women Leave to Work for Potential Clients
•Not Just a “Women’s Issue”
•Inequity in the System Designed to Preserve Justice
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 13. Replacing each attorney who leaves costs between
$200,000
$200 000 and $500 000 ‐‐ and this does not include the
$500,000
hidden costs of client dissatisfaction due to turnover,
lost business of clients who leave with departing
attorneys, and damage to the firm's reputation and
morale.
Source: Project for Attorney Retention
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 20. Women lawyers are…
y
the miner s canary of the
the “miner’s canary” of the
legal profession
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 22. WHY DO WOMEN LEAVE?
Myths and Realities
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 23. WHY WOMEN LEAVE
THE
MYTH
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 24. Motherhood Mystique
y q
•Common belief that women
want to leave firm practice in
response to natural maternal
l l
imperative
•Belief that women opt out of
work to fulfill desire for family
•Completely obscures the fact
that most women lawyers want
to:
COMBINE WORK
& FAMILY
Source: NAWL, MIT Workplace Center
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 26. Reality: Most Women Relocate Within
the Profession Source: MIT Workplace Center, NALP
Percentage of Women Leaving Firms
e ce tage o Wo e eav g
Center s
45
40
35
30
25
20
15
10
5
0
Other firms In house Gov't Clerkships Non‐profits Business,
etc.
etc
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 28. WHAT BLOCKS THE
ADVANCEMENT OF WOMEN?
•Stereotypes/Bias
L k f M i
•Lack of Mentoring
•Exclusion from Informal Networks
•Absence of Role Models
•Lack of Opportunities for Advancement
•Work/Family Conflict
•Stigmatized Work/Life Policies
•Compensation Inequities
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 29. GENDER BIAS
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 30. What s the First Thing You See?
What's the First Thing You See?
• Race, gender and age
are cues
• Perceptually salient
• A
Among first social
fi i l
categories that
children learn
• Lead to automatic
categorization
• Hard if not impossible
to inhibit
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 31. Stereotypes…
• allow efficient if sometimes
allow efficient, if sometimes
inaccurate, processing of information.
• often conflict with consciously held or
“explicit” attitudes.
“ li i ” i d
Nosek, Banaji, & Greenwald, 2002
, j, ,
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 33. Minorities and women are
often held to higher
standards regarding their
d d di h i
credibility and intelligence
by supervisors and clientele,
and their missteps are often
p
more damaging to their
reputations than would be
the same missteps by
majority colleagues who are
j it ll h
not saddled by stereotypes
that they are less capable.”
MCCA Creating Pathways to
Diversity, White Men and Diversity – A
Closer Look p.
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 35. He’s
smart
and
talented;
;
she’s
y
lucky.
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 39. Women of Color Face Double
Barrier of Race and Gender
B i f R d G d
• 62% felt excluded from
networking
opportunities
pp
• 49% felt subjected to
demeaning comments,
harassment
h t
• 44% had been denied
desirable assignments
ABA Visible Invisibility
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 40. Stereotypes are…
Stereotypes are
Applied more under
circumstances of:
Time pressure
Ambiguity, lack of
information
Stress from competing
tasks
Lack of critical mass
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 51. The study also found
A recent study by K h
A
A recent study by Keshet
d b Keshet
K that:
that
Consulting Inc. found • 75% of women had
g
that gender bias in inadequate business
assignments along with development
exclusion or limitations resources
on women lawyers
on women lawyers’
participation in pitch
groups and team selling • 53% lacked business
opportunities greatly
ii l development training
d l i i
limit women lawyer’
ability to acquire the
y q
skills required for high • Nearly 50% had
N l % h d
origination.
origination difficulty finding
mentors
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 53. Nearly 70% of the male lawyers with
children are married to spouses or
partners who have a lesser
t h h l
commitment to their own careers,
and are therefore able to provide
family care. The opposite is true for
family care The opposite is true for
the women lawyers with children.
Their spouses or partners have an
equal or greater commitment to
their own careers so both partners
are under a time squeeze. Typically,
it is women who decrease work
hours and—in the firms—
encounter undependable support
for reduced‐hour schedules or for
periods out of the workplace.
Source: MIT Workplace Center, NAWL
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 60. Maternal Wall Bias
Maternal Wall Bias
“Before I went part
f p
time, when I wasn’t
at my desk, people
assumed I was at a
business meeting.
Afterwards, they
assumed I was home
d I h
with my kids, even if I
was with a client.”
Source: Joan Williams & Cynthia Calvert, Project for
Attorney Retention, Center for WorkLife Law, UC
Hastings College of the Law
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 62. Evaluations by senior males
emphasize strong and
h d
explicit time norms in
favor of 24/7 availability.
Women associates were
W i t
praised for not allowing
pregnancy or family
members health care
members’ health care
needs to interfere with
their “commitment” to the
firm.
Source: Project for Attorney Retention
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 63. “Many firms operate under a
laissez faire approach to
pp
retention and promotion,
assuming that the best and
the brightest will automatically
move up the ladder.
p
Unfortunately, junior and senior
lawyers alike are often naïve as
to how law firm culture affects a
lawyer’s progress. Far too many
g
intelligent and hard‐
intelligent and hard‐working
women lawyers enter with
the same fine record as their
male counterparts, only to
end up several years later with
the unsatisfying conclusion,
‘I’m doing my best but it isn’t
good enough.’ And out the law
firm door they go.”
Stephanie Scharf, former president NAWL
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 65. Salary Disparity Between Women
d M L
and Men Lawyers
$14,000
90,000
$87,000
80,000
70,000
60,000
50,000
Men's Earnings in Excess
4
40,000
of Women s
of Women's
30,000
$23,000
20,000
$14,000
10,000
10 000
0
Of‐Counsel Non‐Equity Equity
Partners Partners Source: Catalyst, NAWL
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 66. Unless and until
women partners feel
p
fully embraced, fully
respected, fully
compensated, what
compensated what
is the message that
they are conveying
y y g
downward?
Source: NAWL
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 67. WHAT CAN YOU DO TO
RETAIN TALENTED WOMEN?
•Mentoring
•Business Development
•Credit Assignment Systems
•Succession Planning
g y
•Work Assignment Systems
•Addressing Bias
•Evaluation Processes
•Transparent Advancement Policies
•Balanced Hours Policies
•Compensation Policies
•Measure Results
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 68. MENTORING
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 69. Train Mentors and Mentees
It is not only a best
y
practice to have a formal
mentoring program
when trying to diversify
your workforce, it is also
indisputable that the
main reason minorities
leave firms is because
they are not mentored
and do not see any
dd
chances for
advancement.
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 71. Train Women in Business
Development
D l
A rising tide lifts all boats, but
A i i id lif ll b b
not if most of the women
professionals are being
torpedoed. It is in the
enlightened self‐i
enlightened self‐interest of law
li h d lf f l
firms to train their women
lawyers to become rainmakers.
Not only will the firm benefit,
but the glass ceiling that stops
b h l ili h
the careers of women lawyers
will be shattered.
Source: NAWL
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 72. “In this day and age,
any pitch team that is
yp
exclusively male
should raise eyebrows
within the firm —
i hi h fi
because eyebrows will
certainly be raised
when the team arrives
at the client’s office.”
ff
Source: NAWL
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 73. Expand the concept of credit
to include the
contributions to retaining
clients of all lawyers on the
team.
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 75. Insure equal
access to high‐
access to high‐
profile, high‐
profile, high‐
revenue
assignments so
crucial
for skill
development,
exposure to
powerful partners
f l
and
advancement.
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 83. Hold partners
p
accountable. A lot of
firms lose sight of the
impact of their
compensation systems
on the behavior of
their partners.
h i
Source: NAWL
S NAWL
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.
- 86. Ellen Ostrow, Ph.D., CMC
Ellen Ostrow Ph D CMC
910 17th Street N. W.
Suite 306
Washington, D.C. 20006
Phone: 202‐595‐3108
Fax: 301‐587‐4327
E‐mail:
ellen@lawyerslifecoach.com
ellen@lawyerslifecoach com
© 2009 Ellen Ostrow, Ph.D. Lawyers Life Coach, Inc.