Transforming the Future of the Legal Profession Through Gender Equality: FBA Takes Global Leadership Role in Raising Awareness

For the past decade, the legal profession has gone through a period of transition, with marked increased emphasis on diversity and inclusion within the field.(2) As a result, many courts, law firms, and corporations have enacted policies aimed at creating and supporting a professional legal workforce that more accurately reflects the population diversity.(3) Yet, despite that effort and a focus on diversifying the law firm ranks, the law profession as a whole remains one of the least diverse, especially with regard to the gender dimension.(4) The American Bar Association has been measuring diversity in the lawyer population in the United States for more than a decade, and its most recent study reflects that gender diversity in the profession is rising but apparently at a marginal pace. During the 10-year period from 2007 to 2017, the number of women in the profession increased by only 5 percent, which reflects a narrow increase to 35 percent in 2017, from a figure of 30 percent in 2007.(5) These statistics are even more troubling in the context of law firm private practice. There, women comprise nearly half of the law firm summer associates and associate classes. Yet, when we examine the level of gender diversity at the partnership level, women account for only 20 percent of law firm partners and a mere 18 percent of equity partners.(6)

Without a doubt, the profession has experienced several decades of diversity hiring and retention efforts, likely fueled in part by the acknowledgement that diversity is good for business.(7) And yet, gender and other diversity at the partnership level is sluggish,(8) especially taking into consideration that law schools are graduating, on average, classes comprising gender-equal components.(9)

It is not clear what the precise impact on our society is from the lack of diversity at the higher echelons of the professions, but the data seems to suggest that the loss could be profound.(10) As a result, professional associations and a range of organizations are taking a more active role in drawing attention to gender disparity and are offering a multitude of solutions about ways to raise awareness and thereby improve gender diversity ratios.

The FBA is taking an international leadership role in this effort. Beginning with the creation of a Task Force on Diversity & Inclusion, the FBA has actively developed partnerships with national and international “affinity” organizations to help support these initiatives. Through developing its annual national celebration of International Women’s Day, the FBA has provided a hub for national partners to engage in discussion about gender and the profession. Its successful programming is fast becoming a hub within the United States for partnership organizations to help raise awareness about the problems and offer solutions. The programs make clear that, to better meet this challenge, the profession needs to implement educational programs that ensure that members of the legal profession have greater awareness of issues like bias—explicit and implicit—and offer strategies for eliminating it. It’s also clear that states see a leadership opportunity, and some, such as New York, are now requiring its lawyers to complete continuing legal education (CLE) programs that address these types of issues.(11)

In this column, we will identify the FBA’s diversity and inclusion efforts over the past three years, focusing on its International Women’s Day programming component. We’ll consider the FBA’s anticipated 2020 programming and explore its goals and impact on a global level.(12) With high-profile programs on two continents, a documentary in the pipeline, and a focus on building awareness at the law student level, we’ll examine how the FBA is taking a leadership role in this area and providing invaluable resources for lawyers around the world to help close the gender gap at the higher levels within the profession. The column will offer best practices advocated in leading studies to help address these challenges and some conclusions about how we can best move forward at this stage.

The FBA Takes the Lead in Building Diversity and Inclusion

Over the past three years, the FBA has focused considerable national resources around the promotion of diversity and inclusion within the federal legal community. Beginning in 2017, under the leadership of former FBA Minnesota Chapter president Tara Norgard, the FBA has convened a national Task Force on Diversity & Inclusion, which has the primary objective of promoting and advancing diversity and inclusion in the federal legal community. The task force works to examine candidly where the FBA is today with regard to cultivating a diverse and inclusive federal legal community and to develop a concrete plan of action for where the organization aims to be. To that end, the task force has developed a national strategic plan to ensure that a diverse and inclusive federal legal community continues to be an organizational priority in the years to come.(13) In undertaking this work, it has convened a range of FBA leaders, including judicial and corporate counsel as well as leaders in the private sector, to provide insight and guidance for its work. It has built and strengthened the FBA’s relationship with other national partner organizations through the creation of affinity bar liaisons that engage in joint programming initiatives. Partner organization relationships with groups such as the National Association of Women Judges (NAWJ) and academic institutions such as Fordham Law School, as well as international groups, including the International Bar Association and the Law Society of England and Wales, offer opportunities to leverage these relationships in support of common goals. To that end, these organizations have already established annual collaborative programs built around supporting women in the legal profession.

The FBA Builds Coalitions in Support of International Women’s Day

For the past three years, the FBA has created national programming initiatives in support of International Women’s Day. For the first time, in March 2018, the FBA convened a group of distinguished professionals to engage on women’s human rights in the context of migration specifically in connection with International Women’s Day. With a diverse group of academics from Harvard Law School, Fordham Law School, and the Leitner Center for Human Rights, these professors and graduate law students examined current events in human rights law impacting the ability of migrant women to seek international protection from persecution in the context of U.S. law and international human rights law. With support from the FBA International Law Section, the FBA Judicial Division, and the FBA Southern District of New York Chapter, that successful program was reprised at the FBA National Convention in New York in September 2018 and was expanded to include an additional speaker from the University of Amsterdam School of Law who appeared via Skype and offered the European perspective on the issues. These programs garnered national recognition.

About a year later, on March 11, 2019, the FBA Southern District of New York Chapter, the FBA International Law Section, and the FBA Judicial Division co-sponsored Fordham University’s Second Annual International Women’s Day event.(14) This program expanded on the student focus and was billed as a “Student-Moderated Evening of Discussion” hosted by the Fordham School of Law in New York City. With two tightly packed hours of presentations by eight distinguished speakers and FBA leaders, members from the legal community were treated to diverse perspectives as told from judges, practitioners, and prosecutors. The NAWJ and the Women’s Bar Association of the State of New York co-sponsored the program.

FBA Southern District of New York Chapter president-elect and adjunct professor Mimi Tsankov kicked off the event with a welcome in her capacity as both Fordham School of Law adjunct professor and chair of the National Association of Immigration Judges, Gender and Equality Committee.(15) She announced the evening’s theme as “Balance for Better”—in accordance with the United Nations 2019 International Women’s Day guidance. Framing the evening’s anticipated discourse, she posited three questions: “To what extent do the laws that we have in place support gender balance?” “Where do we need to improve?” and “What have we succeeded in doing so far?” Tsankov challenged the presenters to consider how they see gender equality in terms of the stated theme and invited their personal remarks in light of their positions of leadership within the various state, federal, and international governmental bodies in which they work.

Fordham LL.M. student Lucila Casado Ardizzi introduced then-FBA President Maria Vathis, who provided a detailed presentation about how gender balance is better for business, as it offers diversification of talent. She pointed out how multiple studies suggest that the inclusion of women increases the global gross domestic product. In fact, a 2015 report by the McKinsey Global Institute has found that if women could reach their greater economic potential through increasing involvement in the workforce, global GDP would increase as much as $12 trillion, and could reach $28 trillion if the gender gap was completely closed.(16)

As to the role of women in the law in the United States, Vathis pointed out a number of firsts, including the first gender discrimination case dating back to 1872 and the fact that the right of women to practice law in all 50 states only became a reality in the 1950s.(17) She noted that the confirmation of the first woman to the U.S. Supreme Court occurred only as recently as 1981. Vathis explained that, although the law profession has achieved some successes, including the fact that women represent the majority of law school graduates, women still represent a minority within the FBA.(18) By way of illustration, Vathis explained that some industries are particularly affected by underrepresentation. She said that in the science, technology, engineering, and math (STEM) fields, only one in four women hold positions, and to address this, she called on women to work together to fight stereotypes and encourage young girls to pursue careers in these fields. She identified how this impacts attorneys who practice patent law specifically. Since the patent bar requires the completion of an undergraduate degree in a science field, this disproportionately affects women, who make up only 25 percent of STEM university graduates. This program garnered much attention and received national recognition for its insights.

International Women’s Day 2020 Programming

In 2020, the FBA organized a greatly expanded gender-focused programming initiative, which has increased its impact on a global level. The FBA organized two months of high-profile events scheduled to coincide and complement the key global events of International Women’s Day, which occurs annually on March 8, as well as the 64th meeting of the U.N. Commission on the Status of Women (CSW).

By way of background, the CSW is an annual two-week U.N. session to which representatives of U.N. Members States, U.N. entities, and U.N. Economic and Social Council (ECOSOC) accredited nongovernmental organizations (NGOs) from all regions of the world are invited to attend.(19) The 64th Session of the CSW was itself a milestone event on women’s issues, as it is the 25th anniversary of the 23rd Special Session of the UN General Assembly, known as the “Fourth World Conference on Women.”(20) Held in 1995 in Beijing, this special session was a turning point for the global women’s movement. With more than 17,000 attendees comprising government delegates, representatives from accredited NGOs, many international civil servants, and members of the media, that event resulted in the creation of the “Beijing Declaration and the Platform for Action” (BPfA), which was later adopted unanimously by 189 countries.(21) As a foundational document, the BPfA supports gender equity initiatives, and, in particular, BPfA Resolution 24 directs signatories to

Take all necessary measures to eliminate all forms of discrimination against women and the girl child and remove all obstacles to gender equality and the advancement and empowerment of women.

Moreover, BPfA Resolution 32 sets forth that signatories must

Intensify efforts to ensure equal enjoyment of all human rights and fundamental freedoms for all women and girls who face multiple barriers to their empowerment and advancement because of such factors as their race, age, language, ethnicity, culture, religion, or disability, or because they are indigenous people.

In 1995, while the “Fourth World Conference on Women” was ongoing, the interest in the initiative was tremendous, and while the 17,000+ official meeting was convened, a fully parallel event was taking place in nearby Huairou, China.(22) This parallel event, the “NGO Forum,” served as the gathering place for over 30,000 people ready to help implement at a grassroots level what UN Women has since called “the most progressive blueprint ever for advancing women’s rights” and “the key global policy document on gender equality.”(23)

This year, during the 64th session of the CSW, dubbed “Beijing+25,” UN Women and the CSW undertook a review and analysis of the implementation of the BPfA and its outcomes at the global, national, and regional level.(24) During the 64th CSW, the United Nations recognized that a five-year milestone had been reached toward achieving the Sustainable Development Goals of the 2030 Agenda for Sustainable Development, including the accelerated realization of gender equality and the empowerment of all women and girls everywhere.(25)

The FBA organized a four-hour CLE program to be followed by a networking reception hosted by FBA affinity partner Fordham Law School. The CLE program is co-sponsored by a host of organizations, including multiple FBA components and the International Bar Association, the Law Society of England and Wales, the National Association of Women Judges, and the Women’s Bar Association of the State of New York. The program comprises two panels of distinguished speakers who evaluated recent studies aimed at promoting gender diversity in the legal profession. The panelists are to consider the findings contained in two reports: (a) the June 2019 report issued by the Law Society of England and Wales, titled “Advocating for Change: Transforming the Future of the Legal Profession Through Greater Gender Equality”; and (b) the November 2017 report issued by the New York State Bar Association, titled “If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR.” In doing so, they will be raising awareness about how to improve gender equity in the legal profession across borders.

The next phase of the programming shifts to the CSW, where, on March 17, 2020, the FBA was scheduled to co-sponsor an official parallel event during the 64th Session of the CSW, which was curtailed significantly due to COVID-19 health and safety concerns. The event was to feature a 90-minute program titled “Transforming the Future of the Legal Profession through Gender Equality.” The goal of the program was to engage the legal community in the context of CSW64 and Beijing Declaration Numbers 24 and 33 around advancing the stature of women legal professionals worldwide, and included speakers representing different regions around the world discussing this topic from their unique perspectives. With a major emphasis on training the next generation on diversity awareness, the program was organized and the speakers were to be introduced by the Fordham Law School’s International Law and Justice LL.M. students. The key involvement of LL.M. advanced law students has been critical to the program’s success in prior years, as doing so trains the next generation of legal professionals who are from countries around the world where gender equity is succeeding and where we continue to see gaps.

With the goal of expanding the International Women’s Day focus beyond just March, the FBA has been working with multiple British organizations to recreate the programs in London. Chaired by former FBA SDNY Chapter president Donna Frosco, the FBA has sought to strengthen its relationship with the Law Society of England and Wales by holding a program within the U.K. and, in doing so, expanded the outreach to the Society of English and American Lawyers. The proposed April 2020 program was to welcome a broad coalition of British and American lawyers, and further cemented FBA’s leadership beyond the confines of the United States. This program was postponed due to COVID-19 health and safety concerns.

To build lasting success in countries within the developing world, the FBA welcomed the International Federal for Peace and Sustainable Development and the International Bar Association as new distinguished partners to build a stronger international focus beyond Europe. With high-profile programs planned on two continents and a focus on building awareness at the international law student level, the FBA has embarked on producing a documentary film to capture the truly unique nature of this endeavor. With international LL.M. students at the helm and a film capable of expanding the awareness opportunities beyond traditional programming venues, the FBA is enabling students to share the fruits of these programs within their diverse communities in countries around the world. By doing so, the FBA is building its role as an international leader in providing invaluable resources for lawyers around the world to help close the gender gap at the higher levels within the profession.

Best Practices Advocated in Leading Studies

In June 2019, the Law Society of England and Wales issued a report titled “Advocating for Change: Transforming the Future of the Legal Profession through Greater Gender Equality” (“Law Society Report”).(26) The Law Society Report reflects that, to overcome the barriers that prevent women from entering and progressing in law, the movement needs quantitative and qualitative research, and it has fulfilled that void by conducting the most comprehensive global survey on women in the law between November 2017 and January 2018, and through multiple international roundtable discussions held in 21 cities, across 18 jurisdictions, and with the participation of 712 female lawyers.(27)

The Law Society Report demonstrates that many of the challenges female lawyers face are similar across jurisdictions and are a function of the application of traditional gender role expectations and stereotyping.(28) For example, many women reported that, as working mothers, they were penalized due to the societal expectations about their anticipated caregiving responsibilities. A universally recognized gender pay gap was reportedly a function of societal acceptability for men to request greater financial recognition for their work, and to perceive women as more aggressive when they do the same. Finally, flexible working, despite technological advancements, was not culturally acceptable in many countries, and those who did were viewed less favorably.(29)

The Law Society Report, which offered solutions for addressing these challenges, advocates for a multi-pronged approach.(30) The report suggests that providing training on these issues and engaging in public awareness campaigns is a critical first component. Similarly foundational is the need to engage male champions in the quest for change at all levels of the law profession to ensure policy as well as legislative reform.(31) By bringing women together to network and share practical solutions, such as through bar associations and law societies, the Law Society Report argues that leaders in the legal profession will be more likely to adopt and implement policies that “tackle gender inequality, address unconscious and conscious bias, promote flexible working, and improve work-life balance that benefits all.”(32) It’s clear that the association role as an agent of change offers a tremendous opportunity to both train and raise awareness, and to level gender inequality throughout the profession.

In November 2017, the New York State Bar Association released its seminal report, titled “If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR” (“NY State Bar Association Report”).(33) After completing a comprehensive review that established how gender bias directly impacts the ability of women in the law profession to achieve gender parity in the courtroom and in the alternative dispute resolution context, it offered a variety of best practice solutions.(34) The NY State Bar Association Report encourages law firms to create institutional reforms that address women’s initiatives, including the following:

  • Convincing law firm partners to provide speaking opportunities in court and at depositions for junior attorneys, and institutionalizing top-down initiatives that support these objectives.
  • Providing training and education on courtroom skills.
  • Offering leadership training, including guest speaker opportunities and mentorship in gaining such opportunities.(35)

The NY State Bar Association Report identifies a partnership role for the practitioners with the court administration and judicial leaders in ways that encourage and facilitate closing the gender gap, including the following:

  • Encouraging junior attorneys to argue discrete issues in court proceedings.
  • Favoring granting oral argument when a junior attorney is scheduled to argue a matter.
  • Encouraging the appointment of qualified women as lead counsel.(36)

The NY State Bar Association Report notes that clients play an important role in the process as well because they have the ability to insist on diversity in litigation teams and in selecting arbitrators and mediators.(37)

Conclusion

The legal profession needs to enter a new phase in its drive for diversity and inclusion if it is to accelerate the pace of change in bringing about gender equality in the legal profession. While much of the groundwork has been done, there is a clear opportunity for law profession associations to take a leadership role in reigniting and accelerating the stubborn pace toward equality. Superficial initiatives are being replaced by quantitative and qualitative studies that document prescriptions for how to close the gap. Every corner of the law profession is taking notice. And that’s fortunate, because reaching our goals will require a multi-dimensional approach and a change in mentality. That the FBA is leading this initiative, and in doing so is folding in affinity partners, is important for the law profession as a whole. The FBA has the platform to develop programs that can train its members and help ensure that we are able to meet this challenge. By raising the profile of diversity and inclusion, and gender diversity in particular, the FBA and its partners can be leaders in implementing the solutions that close the gaps that exist.

Endnotes
1 Emma Tsankov is a European Law Student at the University of Amsterdam and writes this article in her capacity as an International Bar Association Law Intern supporting this program.
2 Institute for Inclusion in the Legal Profession, http://www.theiilp. com/StateofDiversity.
3 See generally IILP Review 2019-2020, The State of Diversity and Inclusion in the Legal Profession, Institute for Inclusion in the Legal Profession ( Jan. 2019), (hereinafter “IILP Review”), http://www.theiilp.com/resources/Documents/IILP_2019_ FINAL_web.pdf.
4 Allison E. Laffey and Allison Ng, Diversity and Inclusion in the Law: Challenges and Initiatives, American Bar Association
(May 2, 2018), https://www.americanbar.org/groups/litigation/committees/jiop/articles/2018/diversity-and-inclusion-in-the-law-challenges-and-initiatives/
5 Id.
6 Id.
7 IILP Review, supra note 3, at 45.
8 Id. at 101.
9 Id. at 108.
10 Id.
11 Angelica Cesario, New York to Implement New Diversity CLE Requirement in 2018, Above the Law (Sept. 25, 2017), https://abovethelaw.com/lawline-cle/2017/09/25/new-york-to-implement-new-diversity-cle-requirement-in-2018/.
12Due to the effects of the COVID-19 pandemic, scheduled programming has been modified from its original planned format. 13 See generally, FBA Task Force on Diversity & Inclusion, https://www.fedbar.org/about-us/diversity-and-inclusion/.
14 Fordham School of Law International Law and Justice Practicum LL.M. Students, The Federal Bar Association Celebrates International Women’s Day at Fordham, The Federal Lawyer (Sept./Oct. 2019).
15 Id.
16 The Power of Parity: How Advancing Women’s Equality Can Add
$12 Trillion to Global Growth, McKinsey Global Institute
(September 2015), https://www.mckinsey.com/~/media/McKinsey/Featured%20Insights/Employment%20and%20Growth/How%20advancing%20womens%20equality%20can%20add%20 12%20trillion%20to%20global%20growth/MGI%20Power%20 of%20parity_Full%20report_September%202015.ashx.
17 The Federal Lawyer Article, supra note 13.
18 Id.
19 Commission on the Status of Women, UN Women, https://www. unwomen.org/en/csw.
20 Commission on the Status of Women, https://www.unwomen.org/en/csw/csw64-2020.
21 UN Beijing Declaration and Platform for Action, https://www. unwomen.org/-/media/headquarters/attachments/sections/csw/pfa_e_final_web.pdf?la=en&vs=800.
22 Ruth P. Dawson, When Women Gather: The NGO Forum of the Fourth World Conference on Women, Beijing 1995, International Journal of Politics, Culture, and Society, 10, 7-27 (Fall 1996),https://www.jstor.org/stable/20019871.
23 UN Women, The Beijing Platform for Action: Inspiration Then and Now, https://beijing20.unwomen.org/en/about.
24 CSW64/Beijing+25 (2020), https://www.unwomen.org/en/csw/csw64-2020.
25 Id.
26 Advocating for Change: Transforming the Future of the Legal Profession through Greater Gender Equality, The Law Society of England and Wales ( June 2019), https://www.law.ox.ac.uk/sites/files/oxlaw/advocating_for_change_-_international_women_ in_law_report.pdf.
27 Id. at 6.
28 Id.
29 Id. at 15.
30 Id. at 14.
31 Id. at 29.
32 Id. at 7.
33 If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR, New York Bar Association (November 2017), https://www.nysba.org/WomensTaskForceReport/.
34 Id. at 18.
35 Id. at 34.
36 Id. at 35.
37 Id. at 34-35.

About the Author

 

Emma Tsankov is a European law student at the University of Amsterdam. She has been serving as an intern with the International Bar Associa-tion supporting the FBA’s International Women’s Day programming. She is a mem-ber of the FBA International Law Section and an SDNY Chapter member.

 

 

About the FBA

Founded in 1920, the Federal Bar Association is dedicated to the advancement of the science of jurisprudence and to promoting the welfare, interests, education, and professional development of all attorneys involved in federal law. Our more than 16,000 members run the gamut of federal practice: attorneys practicing in small to large legal firms, attorneys in corporations and federal agencies, and members of the judiciary. The FBA is the catalyst for communication between the bar and the bench, as well as the private and public sectors. Visit us at fedbar.org to learn more.