Purposeful Inclusion: The Key to Growing Female Leadership in the Courtroom
This article was originally published in the July/August 2024 issue of The Houston Lawyer.
Last year, I posted a picture of our trial team on LinkedIn and asked my network if they had ever seen an all-female team in the courtroom. The responses were amazing and gratifying. For months, I had inquiries of “how” and “why” I put together an all-female trial team. There were many reasons, but the most obvious was that I had a team of talented litigators who were willing to work around the clock to prevail.
Over the last 15 years, I have worked with many trial teams made up of mostly female lawyers. For a long time, we drew the attention of judges, staff, and juries. One trial was dubbed the “boys vs. girls” trial, and in another, the judge commented that he had never seen a courtroom with only women. Slowly, but surely, these outings are becoming more commonplace, and more women are leading the efforts at trial.
The legal profession has long been 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 constitute the majority of law firm associates at 50.3%, the representation of women among equity partners at firms is still only 23.7%.4
These disparities are not due to a lack of talent or ambition among female lawyers, but rather systemic barriers and biases. It is crucial to recognize the ongoing challenges that women face in the legal profession, just as it is to appreciate the transformative impact diverse perspectives bring to a trial team, firm, and clients.
In my opinion, three important factors play a role in growing the next generation of female lead trial attorneys:
1. Clients promoting and supporting female lead lawyers
Most publicly-traded companies and large corporations insist on diversity of trial counsel, but many do not focus on who leads the trial teams. Having the client support and encourage diverse attorneys playing an active role at trial provides significant leverage for partners to rely on young female attorneys at trial. Luckily, I work with clients who promote and insist on purposeful inclusion.
2. Active participation in hotly contested and contentious litigation
Female lawyers need to experience hotly contested and contentious litigation, which can turn dirty and unfair and in which their gender may be used against them. It still happens. Just last year, our trial team had several sexist remarks hurled against them. Female lawyers are still sometimes mistaken for staff or the court reporter. Pretending that female lawyers will always be treated the same as others does not help prepare trial lawyers. Female lawyers need to know how to respond and move forward in a professional and effective manner in the face of contentious litigation.
3. Firms supporting female-led trial teams and championing female leadership
One of the most effective mechanisms to retain and train female trial lawyers is to demonstrate that firms support female-led trial teams and female leadership. The policies, practices, and culture within law firms can create obstacles for women, potentially contributing to attrition. Though the reasons for women leaving law firms are diverse, and not entirely under a firm’s control, it is important firms use the considerable influence they have to help narrow the gender gap.
Visibility is vital. I lateraled as an associate to Gardere Wynne Sewell LLP, which later merged with Foley & Lardner LLP, because it was one of the few large Texas firms that had female partners with children leading trial and corporate teams. The presence of female partners who balance successful trial careers with familial responsibilities serves as a powerful testament to the professional and personal opportunities available to aspiring female litigators. Women need to see that it is possible to maintain a family and an active practice, if they choose. And they need guidance on how to juggle a busy trial schedule with young children, aging parents, and other life responsibilities.
Authenticity in the Courtroom
Beyond addressing and promoting these three factors, we must emphasize and embrace authenticity. Early in my career, female trial lawyers were expected to be abrasive, which made me uncomfortable. I watched men avoid female trial attorneys because of the assumed hostility. I soon instead learned how valuable authenticity was in the courtroom, and now as a partner and vice chair of the Labor & Employment Practice Group at Foley, in my mentorship of younger attorneys, particularly women, I try to teach them that trial attorneys need to be focused on one thing—winning. The bullying, sexist, and borderline unethical behavior we still occasionally encounter from opposing counsel as female trial attorneys is to be navigated, but we cannot lessen our own standards to stoop to their level.
As a seasoned advocate and mentor, my own journey reflects a commitment to reshaping the landscape of trial advocacy. By championing young women in obtaining trial experience early in their careers, I seek to dismantle barriers and pave the way for future generations of female leaders in the legal profession. Emphasizing the value of authenticity and ethical integrity in courtroom conduct, I strive to instill confidence in young attorneys, empowering them to navigate challenges with grace and professionalism.
Looking Forward
Though much has changed in the last 30 years, there are still precious few experienced women litigators with large books of business at major firms. One of my missions is to help change that. Looking forward, the path to achieving gender parity in trial leadership requires sustained efforts in promoting diversity, confronting biases, and fostering inclusive environments. Women have a difficult path from law school to law firm leadership, in particular trial team leadership. Firms, clients, and attorneys themselves all have a role to play to address the attrition and give more women the experience and opportunity they need to step into leadership roles.
As I have seen many talented women walk away from large firms, I advocate at Foley for getting young women trial experience, as that experience offers a path to reach the highest levels of the profession. I emphasize to my clients the value of having diverse voices advocating on their behalf. Bringing even more talented women into the fold will require purposeful inclusion, and I know that harnessing the collective strengths of diverse perspectives will not only enrich leading trial teams like my own, but also advance equity across the legal profession.
Endnotes
- ABA Profile of the Legal Profession 2023: Women, available at https://www.abalegalprofile.com/women.html (last visited June 27, 2024).
- Amy J. St. Eve and Jaime B. Luguri, How Unappealing: An Empirical Analysis of the Gender Gap among Appellate Attorneys, ABA Commission on Women in the Profession (2021), available at https://www.americanbar.org/ content/dam/aba/administrative/women/how-unap-pealing-f_1.pdf.
- Id. at 6.
- NALP 2023 Report on Diversity in U.S. Law Firms, at 5, available at https://www.nalp.org/uploads/Research/2 023NALPReportonDiversityFinal.pdf (last visited June 27, 2024).
