The "No Problem" Problem in the Trenches

IN THE DEC. 14, 2001 issue of Bar News, Gender Equality Committee Chair Kimberly Memmesheimer authored an article titled "Gender Equality in the Law: The 'No Problem' Problem" in which she cited ABA studies, the 2000 Economics of Law Practice Survey and other empirical evidence to show that gender equality is still a significant problem in the courtrooms and law offices of New Hampshire.

Reading Memmesheimer's article, I thought to myself, "Empirical evidence aside, in my personal experience, gender equality is still a large problem in New Hampshire." Several examples came to mind: After examining witnesses in a jury trial, a male attorney told me that I "looked pretty cute up there asking those questions." In the parking lot after accompanying a client to a court appearance for another attorney in the office, the client asked me if I was a paralegal. After having clearly identified myself as an attorney on the phone, the person I was speaking with told me that she needed to speak to an attorney in the office (this has happened multiple times).

Memmesheimer's article seemed to strike a chord with other female NH attorneys, as well. The "I was mistaken for a paralegal" experience, it appears, is a common one. Here are some gender-in-the-law observations from some New Hampshire women attorneys:

• The client was from an earth-moving company, and we were engaging in private mediation with engineering firm representatives. I made our client's presentation to the mediator. After the parties were split up, the client turned to me and said, "Did you have to go to school extra to be able to speak at things like this?" Clearly, he did not think I was a lawyer - he thought I was a paralegal.
• On one of my first forays to court, I went with my supervising attorney to a case structuring conference. Because there were two lawyers present and only one file, I did not have anything with me at the conference. When the bailiff called the attorneys to go into chambers, he stopped me at the door and said some thing to the effect of, "Where do you think you're going? Only lawyers are allowed in chambers." My supervising attorney suggested that I always carry "props" (a client file or the like) to avoid that in the future.
• I was attending a Labor Department hearing, representing a (male) client. During the testimony, which was uneventful, the client reached over and squeezed my knee.
• Despite wearing a suit (which men in the office do not have to wear), I am repeatedly asked if I am the paralegal. On one such occasion, I looked the client in the eye and said, "NO. I am an attorney. A female attorney. Hard to believe, isn't it?"
• I was once told when I arrived at court very prepared for a hearing that I was not going to make many friends. Another time, I was told that I should be more humble about my case. Male attorneys, of course, would never be told such things.
• I have been told when calling my clients that they had been expecting a MALE attorney. In a hotly contested domestic violence proceeding, a potential 70-year-old client told me that she would feel better about having a male attorney.
• Dressed in a conservative blue suit and carrying a briefcase, I approached the Supreme Court clerk's office with my blue cover-bound briefs. After identifying a problem with the page numbers, the clerk stated, "You might want to call your office and ask them what they want you to do."

The Gender Equality Committee encourages more attorneys, male and female, to write in with their own anecdotes and perceptions of gender issues in the practice of law in New Hampshire. We will continue to share input that we receive on this issue via future articles in Bar News. Please forward you comments to hkrans@svcnh.com, or mail to Heather E. Krans, Stein, Volinsky and Callaghan, PA, PO Box 2159, Concord, NH 03302-2159.

Heather Krans is an attorney with Stein, Volinsky and Callaghan and secretary of the New Hampshire Women's Bar Association.

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