A group of female law students survey their classmates, encouraged to see an equitable distribution of men and women—perhaps even more women. As their careers progress, they continue to feel empowered by how many summer and eventual first-year associate colleagues are also women. A holistic survey of their new firm “home,” however, reveals a less encouraging landscape: Where are the women in leadership?
The gender leadership gap is not a new phenomenon, to be sure. Most women intuitively know that as the years go by and they rise through the ranks, fewer female colleagues are present at each level; this particularly holds true in the legal industry, where women comprise only 23 percent of equity partners and less than 25 percent of management committee members, practice group leaders, and office heads. These women in leadership positions—the few, but the proud—are wildly resilient. If women attorneys struggling to see themselves in leadership roles could sit down with these women, what lessons in resilience might they learn? The advice shared in this article was gleaned from interviews with some of these women.
Often, resilience and self-awareness go hand-in-hand. Self-aware people are among the most dynamic; their ability to harness the knowledge of “self”—such as their values, strengths and weaknesses, and behavioral styles—propels them to pursue long-term goals in alignment with their most cherished values.
In fact, “making time for self-reflection and introspection is one of the best investments you can make as a woman lawyer,” explains Dr. Rachel Fry, consulting psychologist. Through her work with associate attorneys, partners, and legal teams, Dr. Fry has observed women held back by their own behavior and internal barriers that are often unconscious and have been learned over time. “Identifying challenges and gaining the insight and tools needed to move forward allows women the opportunity to step into their power and thrive in their careers.”
This valuable (and likely messy) work is individualistic; the insight and tools that benefit one may not benefit a colleague. Jenna Bedsole, managing shareholder of Baker Donelson’s Birmingham, Alabama, office, offers a practical perspective:
It’s important to know your strengths and weaknesses so you know what to keep and what to delegate. If you don’t like to do something or you avoid it like the plague, chances are, it’s probably a weakness. Try to find someone who loves to do what you avoid and then delegate that task to that person. Who knows—maybe that person hates to do what you love? They can delegate back at you. Win-win.
Allison Stewart, creator and host of the Women In Law On The Record podcast and an associate in Greenberg Traurig, LLP’s commercial litigation group, shares a similar mind-set: “Knowing our strengths and weaknesses informs when we need to ask for help and, perhaps most importantly, when we need to extend grace to ourselves.” “We cannot be great at everything,” notes Bedsole. Acknowledging this, however, saves women valuable time down the road—time that could otherwise be spent developing relationships or capitalizing on strengths.
Empathy, as Stewart has learned, is one of her greatest strengths—one that has led her to develop meaningful relationships with colleagues. “Those relationships built loyalty and trust, which have put me (and others) in leadership positions within our firm.” A “win-win” stemming from the power of self-awareness.
The percentage of women in court often mirrors that of women in leadership positions. During a recent U.S. Supreme Court term, women advocates argued 18 percent of the cases (men outnumbered women 125 to 28). State and local bar associations have conducted similar studies. A section of the New York State Bar Association, for example, found that women were the lead lawyers for private parties barely 20 percent of the time in New York’s federal and state courts.
The studies often identify roles that judges, partners, and clients can play in advocating for gender equality in the courtroom. The power and importance of women advocating for themselves, however, cannot be overlooked.
Just ask Stephanie Mays, chief talent officer and shareholder at Maynard, Cooper, & Gale, P.C. When the firm began the process of selecting its first chief talent officer, “someone like Stephanie Mays” was identified as an ideal candidate. Armed with years of experience, passion, and confidence in the power of her voice, Mays chimed in: “You don’t need someone like Stephanie Mays. You need Stephanie Mays.” The rest is history.
To gain experience crucial to advancement, Mays recommends identifying and asking for opportunities. “Associates raising their hands for speaking opportunities, in particular, may provide them with not only an opportunity to advocate for their clients but also for themselves, both of which are valuable skills.”
The Honorable Madeline H. Haikala, U.S. District Court judge for the Northern District of Alabama, explained the danger associated with the lack of opportunities, in a recent webinar, “Who’s Who in the Courtroom: Tracking the Participation of Female Attorneys in the Courtroom.” “When attorneys do not have the opportunity to build their skills, they can’t sell that experience to clients who want experienced attorneys working on their matters. Attorneys need this valuable experience to sharpen their skills, gain greater confidence, and advance their careers.”
Self-advocacy is a skill worth developing and putting to use. Advocacy, after all, is at the heart of the profession.
Both mentorship and sponsorship are critical to the success of women. Many women can easily point to women mentors—those who help them in their current role—and sponsors—those who help them get to their next role—who have helped develop their visibility, skills, and advancement. This becomes more difficult with respect to men, even though they typically outnumber women in leadership positions. There is something to be said, however, about the importance of expanding the mentorship pool to include male voices.
According to Dr. Shawn Andrews, author of The Power of Perception: Leadership, Emotional Intelligence, and the Gender Divide, research shows differences in how men and women work within a structure, network, conduct meetings, interpret information, take risks, communicate, work in teams, and lead. An openness to new ways of thinking and being—particularly from those most senior—can add tremendous value to the personal and professional growth of women.
Stewart credits much of her growth and success to the advice that she received from several male mentors within her firm. “Some of the best advice I received as a younger lawyer was to stop thinking of myself as just a first or second year lawyer, and to start thinking of myself as a partner on the team.” She took that advice to heart. “Because I became more comfortable with responsibility, I gained confidence and, ultimately, I was given increased client exposure.”
Former Justice Ruth Bader Ginsburg showed similar appreciation for a door opened by her mentor, Columbia professor Gerald Gunther. She recalled that Professor Gunther promised a New York judge that he would provide a clerk who could do the work if Justice Ginsburg could not. That was “the carrot,” Ginsburg reported. “The stick” was that Professor Gunther, who regularly supplied his best students to the judge, threatened to never again send a clerk if the judge didn’t take Ginsburg (which the judge did).
When it comes to finding a mentor or sponsor, it is precisely this type of considerate spirit to look for. Stewart recommends finding an individual “who is willing to share the work, the client, and the credit or who views you as an equal.” Professor Gunther is the gold standard and evidence that there is value to be found in expanding the traditional mentorship and sponsorship pool.
Bedsole, like many litigators, understands that “butterflies in the stomach” feeling on the first day of trial—what she deems “game day.” To move past any nerves and courageously show up, Bedsole relies on her preparation. She shares, “You’ve practiced for months (taking depositions, engaging in discovery, preparing the opening/closing statements). You’ve known the case for a long time, and you’re ready; no one knows the case better than you do. Now, it’s time to tell your client’s story to the jury.”
Despite the best preparation efforts, some advocates find that self-critical thoughts act as a barrier to success. A study conducted by sociologist Bettyruth Walter-Goldberg found that female trial lawyers are less satisfied than male lawyers with their arguments to juries, regardless of results. The theory? Men tend to be overconfident about their own abilities, while women are underconfident about theirs.
Personally, I’m no stranger to this theory. After delivering a CLE presentation as a first-year associate, I walked off stage criticizing myself for falling short of perfection. It didn’t matter that countless colleagues and attendees congratulated me—I had already assessed my own presentation report card.
What later provided encouragement was an excerpt from Teddy Roosevelt’s “Man in the Arena” speech, which states, in relevant part:
It is not the critic who counts; not the man who points out how the strong man stumbles or where the doer of deeds could have done them better.
The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; . . . who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly. . . .
If women can put themselves in the arena once, they can do it again and with added confidence.
Entering new “arenas” and putting oneself on display can be downright uncomfortable, yet necessary for growth. Herein lies the need for courage. When women stand to advocate on behalf of a client, deliver a presentation, or throw their own name in the hat—perhaps while trying their best to shake the “butterflies” and self-doubt—they can find courage in knowing they have put in the work and are prepared to share the stories that need to be shared.
To the women in leadership, thank you. In many instances, you have found yourselves carrying the title of “first” and, quite possibly, “only.” Your commitment to investing in personal and professional growth, as well as your courage, mentorship, and perseverance, lights the path for aspiring women leaders.
Thank you for sharing your lessons in resilience.
