Former U.S. District Judge Shira A. Scheindlin recently published an opinion in the New York Times titled “Female Lawyers Can Talk, Too,” in which she criticized the gender imbalance of lead counsel appearing in courtrooms. Judge Scheindlin specifically discussed her 22-year experience on the bench observing male attorneys who assumed the speaking roles in court proceedings, even when it was clear that their female associates were more familiar with the case. Judge Scheindlin’s article reverberated throughout the legal community because it profoundly described the experience of so many female lawyers. Although many law firms are working diligently to narrow the gender gap in the legal profession, Judge Scheindlin’s article underscores the critical role that judges—and clients—can serve to ensure that female attorneys receive equal opportunities to lead in the courtroom.
Current State of Gender Diversity in the Profession
Women currently represent almost half of law school graduates and receive offers from law firms at similar rates as men. NALP, NALP Diversity Infographic: Women. However, women continue to be underrepresented in law firm partnership ranks and as lead counsel and trial counsel in civil litigation. ABA, “First Chairs at Trial: More Women Need Seats at the Table.” According to a recent report by the American Bar Association, 68 percent of all attorneys appearing in civil cases are men. See id. The same report found that only 24 percent of lawyers appearing as lead counsel were women. See id. The gender gap of lead counsel increases as cases become more complex. For example, among lawyers appearing as lead counsel in class actions, only 13 percent are women. See id. As Judge Scheindlin highlighted, these statistics illuminate the cold reality that women are generally not receiving the same courtroom opportunities as men, even when the talent and ability among male and female trial lawyers is equivalent.
