SEPTEMBER 2020 BAR BULLETIN | Page 9

DIVERSITY CORNER Will COVID-19 Make the Practice of Law Friendlier to Working Mothers? KATHRYN LEWIS PERRIN One hundred years ago, the United States passed the Nineteenth Amendment to our Constitution, guaranteeing women the right to vote. Of course, women have made great strides since then, especially in the legal profession. Women sit on the United States Supreme Court and in the United States Congress. The current president of the Florida Bar and the immediate past president of the Palm Beach County Bar Association are both women. It is not uncommon that I find myself in a courtroom (or more frequently these days, in a Zoom room) arguing against a female attorney in front of a female judge. These advances are not inconsequential. In fact, some might say they are proof that women attorneys are finally on equal footing with their male colleagues. Yet when asked to contemplate the current state of women in the law, my mind immediately races back to a letter to the editor that appeared in the Florida Bar News three years ago. After the Bar’s Board of Governors proposed a rule allowing attorneys to obtain three-month continuances for parental leave, a fellow Bar member mocked the proposal by dismissing it as “political correctness” and suggesting that “perhaps the new rule will spawn a new specialty: Gestation & Lactation, P.A. Board Certified in Continuances.” The letter was a stark reminder that no matter how far women, and in particular working mothers, have come in the legal world, the legal world is not built for mothers. The law in Florida is well-established that a litigant is entitled to counsel of their choosing, and that to deny a continuance based on an attorney’s health or medical needs is almost always reversible error. But to my esteemed letter-writing colleague, the idea of a three-month continuance to allow an attorney to birth a child, recover from that birth, establish a breast-feeding pattern (not always an easy task, as any mother can attest), and to receive medical care for all of the above, was something to be ridiculed and belittled. In the end, it seems that in the mind of that writer, there was a fundamental conflict between the role of an attorney and the role of a mother. Fast-forward three years. At the time of this writing, COVID-19 continues to explode across the state. Palm Beach County schools have been closed since March, and our school board has delayed the start of the school year to prevent an even more widespread outbreak. When school returns, it is likely to be virtual, at least in part, and with a more structured curriculum than in the spring. Should that happen, the burden of childcare -- including shepherding children through their online classes -- will, once again, fall disproportionally to mothers. For working moms of all stripes, the pandemic has exacerbated the longstanding gender gap in housework and childcare. For women attorneys, COVID-19 serves as a special reminder that the legal profession still too often operates on the assumption that an attorney can easily bill upwards of fifty hours a week while the attorney’s spouse handles the domestic work and childcare in the background. Women, of course, almost never have that luxury; according to United States Census data, only seven percent of fathers do not work outside the home. For many women attorneys, the challenges ahead seem insurmountable, especially for those attorneys who are single mothers, or whose spouses cannot work from home. Although I am fortunate to work at a firm that provides excellent flexibility and accommodations, I’ve lost far too much sleep worrying about how I will keep my young daughter focused on her schoolwork on one computer, while I attend a work-related Zoom conference on another. How will I manage my clients, attend court hearings, bill my hours, and oversee my child’s virtual school day? If I need accommodations, extensions, or continuances, will clients, opposing counsel, and judges be sympathetic? Or will I be demeaned and snickered at? Will someone write a sarcastic letter to the editor, dismissing me as “board certified in recess and naptime?” The world, and the law, has changed dramatically over the past hundred years, but they still have far to go. Our profession has been slow to accept and accommodate working mothers. Perhaps, on the centennial anniversary of women’s suffrage, this is the year that our profession has no choice. Kathryn Lewis Perrin practices guardianship and probate litigation with the law firm of Kitroser & Associates. i See, e.g., City of Lauderdale Lakes v. Enterprise Leasing Co., 654 So. 2d 645 (Fla. 4th DCA 1995). ii See, e.g., Ziegler v. Klein, 590 So.2d 1066 (Fla. 4th DCA 1991). iii Goldberg, E., The pandemic’s setbacks for working moms, N.Y. Times (July 2, 2020), https://www.nytimes. com/2020/07/02/insider/virus-working-moms.html; Cohen, P. and Hsu, T., Pandemic could scar a generation of working mothers, N.Y. Times (updated June 30, 2020), https://www.nytimes.com/2020/06/03/business/ economy/coronavirus-working-women.html. iv Livingston, G., Stay-at-home moms and dads account for about 1-in-5 U.S. parents, Pew Rsch. Ctr. (Sept. 24, 2018), https://www.pewresearch.org/fact-tank/2018/09/24/ stay-at-home-moms-and-dads-account-for-about-onein-five-u-s-parents/. Mark Your Calendar Tuesday, October 6 th 12:00 P.M. - 1:00 P.M. Live via Zoom www.PalmBeachBar.org Law enforcement officers are entitled to qualified immunity when their actions do not violate a clearly established statutory or constitutional right. The Committee for Diversity & Inclusion will present a live webinar on October 6th, 2020 at 12:00 P.M. regarding this issue. PBCBA BAR BULLETIN 9