SINCE MY RECENT appointment as chair of the Committee on Gender Equality, more than one person has said to me, "Do we really need to have a committee on this issue? There isn’t a problem any more, is there?" This reaction is fast becoming the bigger problem – the "no problem" problem. Yes, indeed, the New Hampshire Bar Association still needs a Committee on Gender Equality. While much progress has been made in the advancement of women within the legal profession, persistent and pervasive issues prevent women from being treated equally in both the legal workplace and the courthouse.

The American Bar Association through its Commission on Women and the Profession recently undertook a major study of the status of women in the legal profession. The commission was created in 1987, the same year the New Hampshire Bar formed a task force to undertake a study to determine to what extent gender bias existed in the New Hampshire legal community. The task force’s report, published in the June 1988 edition of New Hampshire Bar Journal, found significant economic and practice disparities between men and women and resulted in the formation of the Bar’s Committee on Gender Equality. The ABA’s commission took on the same task in the late 1980s and recently followed up on its original study.

The ABA’s Commission on Women and the Profession undertook the second study to obtain a portrait of the condition of women in the practice of law at the turn of the century. The report, called "The Unfinished Agenda," found that despite much progress, women continue to face numerous obstacles to achieving success in the legal profession. To view the report in its entirety, please visit the ABA’s Commission on Women and the Profession Web site at http://www.abanet.org/women.

"The Unfinished Agenda" identified the persistent and pervasive issues facing women attorneys in all areas – private practice, corporate counsel, the judiciary and law school. By far the most pressing problem has become the perception that, because of the enormous progress women have made, the problem of gender bias is now somehow "fixed." It seems that women’s increasing progress within the legal arena has created its own obstacles to change.

Beyond the problem of the perception that gender discrimination no longer exists within the legal community, other long-standing obstacles to advancement remain. These include:

• gender stereotypes - the perceived mismatch between characteristics associated with women and those associated with professional success;
• inadequate support networks (mentoring, contacts and client development);
• workplace structures (work/family conflict created by excessive hours and resistance to reduced or flexible schedules);
• sexual harassment (the gap between written policies and actual practices); and
• gender bias in the justice system (disrespectful treatment, devaluation of women’s credibility and legal claims, stereotypical assumptions).

But women alone do not face many of these problems. About two-thirds of all lawyers experience work/family conflict and only 20 percent of lawyers feel satisfied with the allocations of time between work, personal needs and opportunities to contribute to the social good. And while 90 percent of law firms report having policies permitting part-time schedules, only about three or four percent of lawyers actually take advantage of those policies.

To overcome the general perception that gender bias is nonexistent in the legal profession, there must be a renewed commitment to ensuring equal opportunity. The Bar and the legal community must translate principle into practice and we must hold our leadership accountable for results. Lawyers in positions of influence must build both a moral and pragmatic case for equality. There must be a serious commitment to addressing the work/family conflicts and related quality of life issues that affect both men and women.

Over the course of the 20th century, the face of the legal profession in the United States experienced a radical transformation. The profession has moved from one where women were denied admission to the bar in many states to one where more almost 50 percent of entering law students are women. While women’s increasing influence will give rise to broader opportunities, challenges remain.

Lawyers in New Hampshire face many, if not all, of these challenges. The research of our own Bar demonstrates that disparities in compensation and opportunity still exist. For example, the 2000 Economics of Law Practice Survey found that, on average, women lawyers working full-time make $25,000 less per year than men. Even when compensating for years in practice, a factor many attribute to this disparity, men make on average $8,000 more than women. And part-time compensation is no better. Only women working part-time with 15-24 years experience make more than men in that category. More startling is the fact that even in practice areas traditionally considered "female friendly," such as domestic relations, men make $15,000 more than women. And while New Hampshire law firms have been embracing the concept of non-traditional working arrangements, few have formal policies supporting attorneys taking advantage of these opportunities. See New Hampshire Bar News, Sept. 22, 2000, p. 1.

It is clear that this state’s judiciary is not reflective of the participation of women in the profession as a whole. Today, there are only 14 women judges on the entire bench, or 12.6 percent. On the other hand, women represent slightly more than 30 percent of the active membership of the New Hampshire Bar. In the United States, women account for 30 percent of the profession, but only about 15 percent of federal judges and law firm partners, 10 percent of law school deans and general counsels, and 5 percent of managing partners in law firms.

In an effort to gather some of our own information on the status of women in the legal profession in New Hampshire as we begin the 21st century, the Committee on Gender Equality is seeking feedback from all members of the Bar. If you have an anecdote regarding a situation where gender has been an issue, a question about how best to handle situations where gender affects your performance, an opinion regarding the status of women lawyers in New Hampshire, or the like, please forward your comments to me at kmemmesheimer@samlaw.com. We will share the input we receive in future issues of Bar News.

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