Bar News - April 7, 2006
Women in the Law – Progress but More Work Ahead
By: Beverly Rorick
National surveys show that while women make up about half the number of those entering the legal profession, only about 15 percent make partner in the firms where they work. Shareholders form an even smaller percentage—and as one woman judge says, “It’s pathetic how few women judges there are!”
The progress of women in the legal profession was discussed at a recent lunch meeting co-sponsored by the NH Women’s Bar Association (NHWBA) and the New Hampshire Chapter of the Defense Research Institute (DRI). A report from the DRI, “A Career in the Courtroom: A Different Model for the Success of Women Who Try Cases,” formed the basis of a discussion led by a panel composed of Associate Superior Court Justice Kathleen A. McGuire, Martha Van Oot of Orr & Reno in Concord and Doreen F. Connor of Wiggin & Nourie, in Manchester. The DRI report was sent to the panel members some days before the meeting,
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Panel members at the NH Women's Bar Association meeting on March 16, co-sponsored by the Defense Research Institute and held at Wiggin & Nourie in Manchester: Doreen F. Connor, Judge Kathleen A. McGuire and Martha Van Oot. | “Clearly, these three women have been very successful in the courtroom,” said Heather E. Krans, president of NHWBA and a member of the Wiggin & Nourie firm, which hosted the March 16 event. “But overall, women in the legal field are not advancing within the profession at the same rates as men.”
Krans and attorney Mary Ann Dempsey (the DRI representative and also a member at Wiggin & Nourie) welcomed a large group of women attorneys from around the state, inviting them to ask questions of the panel members or contribute their own observations. Said Dempsey, “This discussion is an opportunity for women in the legal profession to discuss the unique experiences of females within the justice system.”
Changes in Family Responsibility
Marty Van Oot, recounting her days at Northeastern as a single parent in law school, said that as she read the DRI report, she felt that perhaps today the challenges facing women lawyers were more likely generational—and not so much gender-related as in the past. She smiled as she recounted taking her seven-year-old son to work with her in the evenings. “I even bought a small TV to take to the office so he could watch it—and sometimes he would curl up under my desk and go to sleep. But now men share the parenting responsibilities more—and they want to have their firms recognize their desire for family time as well.
“I think gender perceptions have changed considerably—but I would say that generationally there is still work to do.”
Van Oot, who served as NHBA President from 2002-3, also spoke of the need for good mentors for both men and women beginning in the profession. It is more difficult today to find time to follow experienced lawyers around just to watch and learn. “Years ago a young attorney often sat second chair with a more experienced attorney—or could even just go along to court to observe. There’s not much time to do either of those things anymore,” she concluded.
Doreen Connor began her career 20 years ago with Wiggin & Nourie and has remained there. She said that now 50 percent of the lawyers in the firm are women – but there are only three women shareholders. “The firm had no women shareholders when I started and less than a 25 percent women membership in general—so we have made significant gains. Wiggin’s inability to have a shareholder statistic of 50 percent is, in my opinion, a result of societal and family pressures and not something specific to our firm or law firms in general,” says Connor.
“Becoming a shareholder requires a significant contribution of time and many women are unable to contribute the hours necessary due to family commitments. If and when child-rearing responsibilities are more evenly shared by men and women, there will be more women shareholders in major firms. Or so I hope.” She agrees that the women do not face the same gender issues they faced 20 years ago and credits her male colleagues for their role in bringing about those changes.
A Judge’s Point of View
Judge McGuire’s experiences in the courtroom have led her to observe that it is generally “tougher sledding” for women in litigation. Women have more of a credibility problem with their clients and opposing counsel than do men. Litigation is perceived as war and women are not thought of as warriors. At the same time, men have more leeway in being aggressive advocates. “If women are aggressive, they risk being called the “b” word,” she said. “An aggressive male attorney would not be perceived in such a negative way.”
She then gave an interesting account of a young male attorney who through pleadings and verbally (in chambers) recently attacked a more experienced and well-regarded woman attorney who had done nothing except ask in writing (twice) for evidence which she was entitled to and should have received after the first letter. “Yet he was accusing her of being unprofessional and incompetent,” said McGuire. It would be very difficult to imagine a young female lawyer attacking an older, well-respected male member of the bar in the same way, she added. McGuire also observed that women, generally speaking, come to court better prepared than their male counterparts and are more careful in their pleadings.
McGuire criticized the paucity of women on the bench, calling their numbers “pathetic.” She related that when she was appointed in 1989, she was the third female member of the superior court out of 25 superior court judges. Seventeen years later, that number is only six even though women comprise almost 33 percent of the state bar.
Several women in the audience added their observations. Then Andrea Amodeo-Vickery, an attorney with Borofsky Amodeo-Vickery & Bandazian in Nashua—whose red jacket seemed to match her energetic spirit—got to her feet, and turning to face the group, spoke forcefully:
“I’m hearing some complaints about the way things are,” she said. I want you to remember the battles that have already been fought to get us where we are. Use those events as your example. You need to pursue women’s rights just as vigorously today as we did then. If you don’t like something, change it!”
If you would like a copy of the DRI report mentioned in this article, contact Mary Ann Dempsey at 603/629-4531 or e-mail her at mdempsey@wiggin-nourie.com. The DRI report is also posted on the NH Bar Web site: www.nhbar.org.
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