Women in the Law
Downturn Will Make Firms More Hospitable for Women, Partner Argues
Posted Apr 28, 2009 7:03 AM CST
By Debra Cassens Weiss
A lawyer who spearheaded a project to retain female lawyers sees the economic downturn as an opportunity for law firms to change their business methods and become more hospitable for women.
Right now, law students are in a weaker bargaining position and partners are less likely to leave. And those are good things because they may produce needed change, argues Patricia Gillette, an employment partner at Orrick, Herrington & Sutcliffe, in an article for the Am Law Daily. “These changes, in the long run, will benefit women and will answer the cries of all Gen Y lawyers for a kindler and gentler law firm life.”
She says these changes may be afoot:
• Law firms will stop treating new associates like fungible commodities and will instead treat them as investments that need to be nurtured through the first difficult years.
• The billable hour will meet its demise in favor of billing methods that reward efficiency.
• Associates will be promoted based on competency, allowing lawyers to adjust their careers to accommodate what is happening in their lives.
Gillette founded the Opt-In Project with another lawyer in an effort to find out how to retain women lawyers.

Comments
B. McLeod
Apr 28, 2009 7:37 AM CST
Whatever she’s drinking, I’d like a double.
B. McLeod’s predictions are that: 1) all “associates” will be treated like even cheaper fungible commodities; 2) the billable hour will stay (although rates may well come down); and, 3) the bases of firms’ promotional decisions will not change, and the firms will not care about accommodating whatever “associates” are trying to do with the 6-10 hours a day they are not in the office.
They will be assimilated (or burned out and discarded). Resistance is futile.
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J.D.
Apr 28, 2009 8:21 AM CST
Does it hold, then, that when there’s an upturn in business, things are better for men?
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P. Bryson
Apr 28, 2009 9:13 AM CST
By what logic does work-life balance become more important to firms when the job market causes employees to have less bargaining power? Again, this is another person taking this opportunity to “predict” that the changes that have been advocated for a long time will come now.
In that vein, I’ll repeat my prediction that a large and prestigious law firm will hire me @ $200,000/yr with a 500 billable hour requirement in the next 3 months.
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anon
Apr 28, 2009 9:56 AM CST
Yes, because a buyer’s market does prompt the buyer to offer his product at lower prices… Wait… What??? I have to agree with posts 1 and 3. I’m a woman, and, believe, me, I’d love to see firms be more hospitable all around to families and work/life balance (which arguably is what is being referred to by the statement “hospitable for women.”) However, when the economy is bad and attorneys are being laid off by the score, who on earth would think that the law firms would take that opportunity to allow those who are still left to lighten their load? If a firm has someone that doesn’t want to put in the time that the firm would like them to, isn’t there a whole long line of people waiting to step in and take that job at the salary/hours/etc. desired by the firm?
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Bill Dugan
Apr 28, 2009 9:59 AM CST
I DISAGREE. Women are the first to go in a downturn since they have no portable business and want to work less hours then men (generally, that is).
When times are tough, firms cannot afford to be stylish. That is why minority hiring is also likely to suffer.
If the person can pull his own weight, fine. If not, cut ‘em loose.
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mythago
Apr 28, 2009 10:04 AM CST
We’re supposed to believe that an economic downturn will mean the end of the boys’ club? Really?
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Kazoo
Apr 28, 2009 10:13 AM CST
She also predicts that the economy will cause “big-Law” to open offices on Mars! Lets adjust her tinfoil helmet and gently take her to someplace soft and warm.
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Steve
Apr 28, 2009 11:12 AM CST
While the author may HOPE that the shakeout and re-org of the legal business model could mean more flexibility and creativity as far as employment agreements, compensation models, and billing models—the previous comments are dead-on.
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For the xx chromosome (JAG CWP) in Ohio
Apr 28, 2009 11:21 AM CST
RANT - VENT MODE ON, but reduced from FLANK to FULL
IMO, females should be required to earn a law degree (after ps-12, not after 12-16), prior to dating or marriage.
And males should be taxed beginning with birth to support those initial three years of education (it ain’t gonna stop at three!).
1. Females would be ABLE to answer the question asked (which does not necessarily mean that they WILL so answer).
2. When we dear husbands/lovers/boyfriends/dates ask where they want to dine out, they will tell us so, and not start with the infinite answer of where they do NOT want to go.
My dear son asked his dear Ph.D. wife a simple question prompting a 1) Yes, 2) No, 3) I’m uncertain, answer.
Pause—perception of arrested blood flow to brain, with consequential full cerebral arrest—more pause.
Fearing that I would die of old age, I volunteered, our ears are programmed for the “s” of yes, the “o” of no.
We could have gone on with a “I don’t know,” “I’m uncertain,” “Why do you ask?” “Good question, let me run it past my attorney,” etc.
As I recall we did get a response, but it was none of the above.
We need MORE women lawyers in society, business, politics, marriages, relationships, etc.
Nothing is sexier than a female who can handle a semi-colon (”;”) a compound sentence or nested parentheses in an IF-THEN-ELSE state without, eyes clouding, tearing, acquiring a 1000-mile stare, etc.
Compare the ratio of male to female :
Ponzi schemers;
Clones of “I don’t recall” former U.S. Attorney General Alberto Gonzales;
Clones of the late former Attorney General Alexander Mitchell Palmer, father of the Palmer Raids (05 March 1919-04 March 1921)
Clones of the late former Maryland Governor and US Vice-President Spiro Theodore Agnew;
Attorneys opining that wall slamming is o.k.;
Attorneys opining that HOH-boarding is o.k.;
Soverign Leaders starting wars;
etc., as infinitum!
JADOG, CWP
RANT - VENT MODE OFF
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SUmpPump
Apr 28, 2009 12:41 PM CST
What exactly is an “Employment Partner?”
Perhaps firms that can go high enough on Maslow’s Hierarchy of Needs to afford the extravagance of an “Employment Partner” are immune from economic realities. Either that or Ms. Gillette might want to polish up her resume and test her theory in the real world.
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JJ
Apr 28, 2009 1:42 PM CST
Fail.
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newbie
May 2, 2009 12:50 PM CST
My immediate reaction is to question the premises in the article. I am trying hard to see the logic, because I would be happy to see a “kinder, gentler” world. I’m struggling to make sense here . . .
In many industries, turnover is a serious negative, because of the higher investment in new hires. Is it possible that training and keeping associates will turn out to be more cost-effective than always having a new crop of attorneys?
The billable hour . . . if my value is currently measured in billable hours, it is the number of dollars I can bring in, not how often I do something right, or the quality of my work . . . or the timeliness. If I can keep 3 clients happy through efficient and effective management of their legal matters, will that make me more valuable than my ability to bill-the-living-daylights out of one matter?
Is client retention related to attorney competency, and building relationships? Is it possible that increased efficiency and competency will lead to increased client confidence, and thus retention?
It seems to me that there may be some unstated preliminary assumptions . . . that clients are willing to re-evaluate relationships with firms, and that some measures that might improve client relations might tend to have a positive impact on firm attorneys.
Not arguing with other opinions . . . the article doesn’t really provide a lot of justification . . . I’m just trying to see if there is anything that might have lead to these assertions.
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