PBCBA BAR BULLETINS 0817 PB Bar Bully Sept PRINT - Page 5
Diversity Corner
“Are You The Court Reporter?” Gender Bias in the Practice of Law
by Denise Mutamba
How many times have you been asked,
“Are you the court reporter?,” “Are you the
paralegal?,” or “Where is your attorney?”
If you are a woman who practices law,
these questions are not uncommon. As an
attorney who has been practicing for almost three years, I often
wonder if my gender, age, appearance, race, or all of the above
prompt such questions. I discovered, that these questions are
frequently asked of women who practice law, regardless of age,
number of years in practice, or race.
With the appointment of Justice Sandra Day O’Connor as
the first woman on the Supreme Court over three decades ago,
one might assume that the treatment of women who practice
law would continue to improve at a steadier rate. Unfortunately,
recent studies have shown that the treatment of women who
practice law has not improved as quickly as many believe.
Although male and female law students graduate from law
school at an almost equal rate, statistics show that more males
become leaders in law firms, academia, and the judiciary
thereafter. According to a 2015 National Association of Women
Lawyers (“NAWL”) study, only six percent of managing
partners at the largest 200 American law firms are women, less
than sixteen percent of firm equity partners are women, and
approximately twenty percent of law school deans are women.
According to Joan Williams, Distinguished Professor of
Law at U C Hastings College of Law and Founding Director of
the Center for WorkLife Law at UC Hastings College of Law
this gap could be the result of stereotypes about women’s work
styles, character traits, and job competencies.
In 2015, the Florida Bar’s Young Lawyers Division
surveyed over 3,000 women attorneys practicing in Florida.
Roughly seventy-six percent of the respondents had been
practicing for five years or less and almost one-quarter of
respondents had minor children. Alarmingly, forty-three percent
of respondents had experienced gender bias in the workplace.
Moreover, the survey showed that several respondents reported
overt gender bias, explaining that they had been commonly
referred to as an assistant, court reporter, or the paralegal
of their male counter-part or supervisor. These respondents
commented that these labels were placed upon them during
client meetings, interactions with opposing counsel, and even
in court. One respondent explained a situation where a client
refused to allow her into the conference room during a meeting
because she was a lady. Another respondent, who had minor
children, was told by her supervisor that “she felt her child was
more important than her job.”
Other respondents reported subtle gender bias. Specifically,
one respondent reported that “[a]fter making partner, I learned
that male attorneys were paid more out of law school than
female attorneys with the same qualifications.” Another
respondent explained that male associates, who were junior to
her, were sent to trial, but she was not even allowed to attend
hearings. In addition, this respondent reported that she began
September 2017
attending hearings and gained more complex experience once
she started working for female partners.
With the above perspectives on the issue of gender bias in
the legal workplace, we must address how we can take action
to resolve the issue. Past American Bar Association President,
Laurel G. Bellows, believes that women should evaluate the
substance and complexity of their assignments and if they are
unsatisfied with their work assignments, they should seek out
a sponsor, not a mentor. A sponsor is someone who will not
only advise and guide a young lawyer, but will speak favorably
about the lawyer when they are not present. Finally, a sponsor
will actively promote the lawyer’s career development.
Judge Samantha Schosberg Feuer also had a few ideas.
Judge Feuer believes we must first root out the problem by
realizing as humans we all have implicit biases. We should take
pause in how we interact with others who have preconceived
opinions and stereotypes about women and women who
practice law. For example, Judge Schosberg Feuer suggests that
when a woman lawyer is asked, “Are you the court reporter?”
the lawyer could respond gently and directly, “No, I’m the
attorney on this case. What made you think I was the court
reporter?” Judge Schosberg Feuer believes that maybe by
appropriately challenging those who ask these questions. We
will change the mind frame of others causing the inquirer to
self-assess their implicit gender biases and think differently in
the future.
Lastly, we must modify the perception of the legal
profession by changing what is seen in the public eye. We
must increase the number of women and diverse lawyers
in the public eye. This starts with women who practice law
taking leadership positions, seeking out sponsors, exemplifying
quality and professionalism in our work, and in changing the
mindse t of others who may perpetuate gender bias in the legal
workplace. Furthermore, we must all encourage firms and
agencies to hire, retain, and promote women attorneys.
Denise Mutamba is a Staff Attorney with the Legal Aid
Society of Palm Beach County, Inc., where she fights against
housing discrimination. She also represents the Fifteenth
Judicial Circuit on the Young Lawyers Division Board of
Governors.
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