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Women may be better off in ‘Small Law’

Despite the fact that BigLaw firms are increasingly striving for and, in some cases, hitting gender parity targets, a panel of senior female practitioners consider Small Law – and particularly starting one’s own practice – to be a more attractive option for many women in law.

user iconJerome Doraisamy 13 March 2019 SME Law
Women may be better off in ‘Small Law’
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At a recent roundtable hosted by legal practice management software company LEAP, Western Sydney University professor Dr Alana Maurushat, Lehman Walsh Lawyers principal Janya Eighani, Clarence head of chambers Rose Dravitzki and LEAP General Manager Marketing LEAP Roni Millard “unanimously” agreed that “for a female lawyer to achieve a senior role, she must either delay having a family, return to work very soon after giving birth to prove her commitment to the firm or find a new pathway to achieve her goals”.

In addition, the roundtable participants confirmed that women are still “far more likely” to be promoted to partnership if they are at a firm with less than 100 partners, highlighting the attractiveness of Small Law avenues.

The quartet were responding to the results of the LEAP Small Law Industry Index: Predictions for 2019 and Beyond report, which found that 77 per cent of respondents believe a higher percentage of women will achieve more senior roles this year compared to last, but simultaneously acknowledged that, sometimes, “a boys’ club prevails”.

“In fact, while some see the increased empowerment and confidence of women as encouraging them to seek more senior roles, many feel the public push for equality is mechanical,” LEAP said in a statement.

A perceived ‘clash’ between work and family commitments was also flagged by respondents as a “key barrier to the advancement of female lawyers in senior roles” from both an organisational and a female’s perspective, LEAP continued.

“There was a strong sentiment that for a female lawyer to achieve a senior role she must either put off having a family or return to work very soon after giving birth to prove her commitment to her organisation.”

As such – and even though it was ceded that bigger firms are moving towards their gender targets – the roundtable deduced it is “easier and more successful for women to establish their own firms”, in light of difficulties in accessing the partnership pipeline.

Ms Dravitski (pictured, right) reflected that her career “completely pivoted” when she decided to start a family.

“When I started working, I was going for big firms with the goal of making partner and achieving the ‘traditional’ career progression. However, when the time came to have children, I made the decision to start my own firm because I wanted the flexibility to start a family.”

“At the time it was the only way for me to take my career into my own hands, work flexible hours and do the things I wanted to do. If I hadn’t done that, professionally I would have been years behind my counterparts,” she said.

Ms Eighani (pictured, left) added that she thought that by opening her own firm and establishing her reputation in the start-up and the technology industries, “clients would want to work with me”.

“After all, I established the firm, I was the name that was introduced to them and I was the one that they read about in an article. Imagine my horror when I was asked by a potential client if I had anybody else that they could work with rather than myself? They wanted to work with a man.”

The four women at the roundtable ultimately concluded that “while there is no quick fix for empowering women in law”, numerous opportunities and strategies must be explored, including challenging traditional mindsets, overcoming ingrained gender biases, pushing back against the cultural impressions that women must work twice as hard and/or that they are the primary caregivers, and that having children and taking maternity leave will stall career growth.

“However, it will take a sustained cultural shift across the whole profession and will involve everyone from parents and educational institutions to firms, the judiciary and clients to advocate and agitate for change,” said LEAP CEO Donna Broadley.

Jerome Doraisamy

Jerome Doraisamy

Jerome Doraisamy is the managing editor of Lawyers Weekly and HR Leader. He is also the author of The Wellness Doctrines book series, an admitted solicitor in New South Wales, and a board director of the Minds Count Foundation.

You can email Jerome at: jerome.doraisamy@momentummedia.com.au 

Comments (12)
  • Avatar
    You can always marry Mr Mum, the stay at home Dad. But from some examples in family law cases that just doesn't seem to work either.
    0
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    To all the commentators stating that this is not a gender specific issue: no it isn't. It just happens to affect one gender far more often and in a way that can't be escaped if they want a family - men, unlike women, can have their cake and eat it too with family and career. Women, because of their biology, can't. And that really is the whole point, isn't it.
    -1
  • Avatar
    I am so angry about this statement “for a female lawyer to achieve a senior role, she must either delay having a family, return to work very soon after giving birth to prove her commitment to the firm or find a new pathway to achieve her goals”. Thank you for assuming that every woman is a slave to her ovaries, and that success in the law can only come at the cost of something she inherently desires more. I have found that there is a fourth path to success - that she can genuinely love and enjoy her profession, and work very hard to excel in it.
    1
    • Avatar
      I don't understand how genuinely loving and enjoying your profession and working very hard overcomes any of the obstacles inherently faced by a woman working in the law.
      1
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    This is not a gendered issue. If someone is not prepared to devote the same work, time and effort as their peers (whether a woman or a man wishing to spend more time with their newborn child, pick up a hobby or any multitude of reasons to prioritise their personal life), in favour of more flexibility and reduced working hours, then they simply cannot expect the same level of remuneration, success (in a professional sense) or recognition as those peers who toil 80+ hours a week. This is not to cast any aspersions on any one's life choices. People are at liberty to determine their desired level of career commitment as they please. But they need to recognise the trade off - work in biglaw for big bucks and for big hours, or work in a smaller firm or for yourself, which can be more flexible but where one cannot expect to generate the same revenue or receive the same salary. You can't have your cake and eat it too.
    -1
    • Avatar
      But men can - that's the point - they can have a family and a career without sacrificing anything to do so, because they are not about to bear the children and are equally not expected to rear them.
      0
      • Avatar
        I hope Bob corrects me if I am wrong, but I believe his point is that being unable to spend time with said family is the sacrifice made by men who prioritise their career to the extent necessary to "make it" in a big firm.
        0
        • Avatar
          That's right, 'you reap what you sow', and you need to spend your time somewhere. I couldn't expect to be an elite athlete, virtuouso pianist, highly skilled surgeon or a brilliant lawyer without dedicating many, many hours to my art. That means sacrificing time spent elsewhere, doesn't it? The entire crux of this article is that the rules should change to suit those who are unwilling to sacrifice that time. Sure, it would be nice if all lawyers could work balanced 40 hour weeks and have time to go home to spend time with their family. But that's not (currently) reality and also not what this article is pushing for.
          3
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    This isn't a male/female issue - regardless of gender, if you want to work flexible hours, partnership at big law is, in most circumstances, not achievable/sustainable. This is largely driven by the demands of clients.
    2
  • Avatar
    Virginia Warren aka The Zen La Wednesday, 13 March 2019
    I wonder when law will be in a position to appreciate that feminine qualities such as empathy compassion and intuition (which both male and female genders possess) will be as equally embraced? Masculine and feminine qualities need to work together to deliver a human system.
    5
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    They aren’t the only ones
    0
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