Rebuilding trust: bridging the trust gap to retain women in law

As a new lawyer, I heard cautionary tales about sexual harassment within the profession. Many of these cautionary tales included unsatisfactory resolution - a bar complaint that went nowhere, a supervisor's instruction to "just avoid that guy," or an association that took no corrective action when the woman brought her complaint forward. From senior attorneys propositioning associates who viewed them as a mentor, to the roaming hands of the occasional judge at a networking event, I heard many tales with the same central messaging: look out for yourself, because your male counterparts won't do it for you.

Since then, there has been a reckoning in the form of the #MeToo movement, and while many companies and organizations are working to improve their systems and better handle these issues when they arise, there is a huge gap in the trust women have for legal organizations, and even their male colleagues. And still, women leave the legal profession at higher rates than their male counterparts. (See e.g., "Walking Out The Door: The facts, figures, and future of experienced women lawyers in private practice." Roberta D. Liebenberg and Stephanie A. Scharf, American Bar Association.)

The focus of this article is to look at some seemingly straightforward steps that any organization can take when they are genuinely interested in rebuilding trust where justifiably lost. If the goal of an association is to increase the number of women in their ranks (or, perhaps, stem the tide of women abandoning the practice of law), rebuilding that trust is a vital piece of the puzzle.

Step 1: When trust has been lost, the first step in rebuilding is to acknowledge the wrongdoing, failures, or oversights that led to that break in trust and apologize sincerely. Taking responsibility for actions and being transparent about what happened is often the hardest and most important step. It requires a level of self-reflection and desire to rebuild the relationship that may be difficult for many to achieve. A genuine apology is critical, however, because feigned remorse is obvious no matter how convincing one thinks they are. A genuine apology should include expressing remorse for the wrongdoing, acknowledging the harm caused, and making it clear you understand how your actions affected the other.

Step 2: Make amends. Whether it's repairing the damage caused, making restitution, or taking steps to ensure similar problems don't continue to recur, making amends plays a key role in rebuilding trust. In the context of the historical treatment of women in the law, taking steps to ensure similar problems won't continue can include: (a) implementing clear and accessible complaint and investigation procedures within bar organizations and the judiciary, where complaints are maintained for a significant timeframe so repeat offenders can be easily identified, (b) listen actively and take appropriate action when complaints are brought to light, (c) provide genuine education across organizations and leadership to identify issues and teach leadership how to respond appropriately when complaints are raised (such as avoiding minimizing or dismissing experiences), and (d) offer bystander intervention training so that colleagues are equipped to help each other when an issue occurs instead of leaving individuals to "look out for themselves."

Step 3: Foster a culture of trust. It is important to remember that trust starts at the top and leaders can foster trustworthiness through their actions, transparency, and integrity, setting the tone for the rest of the organization. Create a space in which people feel safe to speak up, where harassment is not tolerated, and where all are treated with dignity and respect. By building a culture of trust, individuals and organizations can help ensure that women feel supported and encouraged to come forward if they experience harassment. One example of creating that culture is establishing channels for individuals to express their opinions, concerns, and ideas without fear of retribution. Another example could be fostering meaningful connections between team members, so they feel safe bringing complaints forward to individuals who are trained to handle them. By continuously soliciting feedback from members and acting upon that feedback to improve policies and practices, organizations can demonstrate their willingness to listen and improve.

Step 4: Be consistent. Professing remorse and a desire to change only go so far. When rebuilding trust, one must follow through on these commitments. Make sure the actions that follow the commitments continue to demonstrate a changed mindset, otherwise, everything that came before will be lovely, empty words, and the building trust will crumble in far less time than was spent trying to rebuild. Demonstrate that you are trustworthy through your actions and keep doing it.

Step 5: Give it time. Building a culture of trust takes time and consistent effort. Rebuilding damaged or broken trust is notoriously arduous. It takes a genuine commitment from leadership and a willingness to adapt and evolve to truly achieve ongoing trust, but by prioritizing trust, organizations can create an environment where people feel valued and engaged. If women feel valued and engaged within the practice of law, they are less likely to abandon the practice (or firm or organization) outright.

While the steps above are straightforward, they seem inconsistently applied, if applied at all, within the larger picture of our profession. In the U.S. Equal Employment Opportunity Commission's (EEOC's) Report by the Select Task Force on the Study of Harassment in the Workplace, the authors and co-chairs included "Checklists for Employers" in Appendix B. (accessible here: https://www.eeoc.gov/select-task-force-study-harassment-workplace).

Every law firm, legal organization, and place of employment could benefit from reviewing and evaluating their own compliance with the recommendations included in those four checklists. Another recommendation by the EEOC that would benefit the legal profession is the implementation of the It's On Us Campaign. As explained by the Task Force's Report at Section F, "It is on all of us to be part of the fight to stop harassment. We cannot be complacent bystanders and expect our cultures to change on their own."

If the legal profession's goal is to keep women in the law, hopefully these steps can propel us down the long road of rebuilding trust within the profession and help bridge that gap for women in law.

Shannon H.P. Ward is a trial attorney at Aarons Ward.