Why experienced women are leaving law firms and how firms can prevent their exit

More and more women are being drawn to a career in law. Since 2016, women have outnumbered men as incoming first year students in law schools. Women have also made up nearly half of law firm associates since 2003, and as of 2023, female associates outnumber male associates in law firms. But, when attorneys reach partner or counsel level, women are substantially underrepresented: only 27.76% of law firm partners and 37.25% of counsel attorneys are women. The numbers become even more skewed when attorneys reach the equity partnership level, as only 23.7% of equity partners are women.

Women are leaving law at the peak of their careers. Why? There is a perception that when women become mothers, they are no longer willing to “do what it takes” to rise up in the ranks within law firms, but two notable studies in recent years by the American Bar Association, in collaboration with ALM Intelligence and Leopard Solutions, found that a major reason seasoned women leave is a lack of support from and the perceived (with good reason) inability to rise within the ranks of their firms.

This article briefly explores ways in which women are disadvantaged at law firms and changes that can be made to stop these valuable members of the workforce from jumping ship.

Reasons mid-level and senior women are leaving law firms

This is, by no means, an exclusive list of the reasons experienced women leave law firms. However, a number of women have cited the following interrelated issues as their reason(s) for handing in their notice:

Lack of guidance and assistance with their career trajectories

Women have reported that they feel unsupported in their career trajectories as compared to men. For example, many women report that they have less access to sponsors and business development opportunities than their male counterparts, which can mean they are less likely to be promoted. As women poised for promotion continue to see their firms primarily promoting men and hiring more male than female senior-level laterals, the cycle of less “access to success” continues.

Lack of acknowledgement of implicit biases

While countless firms offer or require training on recognizing implicit biases (as does the California State Bar), women report that they are still perceived as less committed to their careers, and are therefore more likely to be passed over for promotions, bonuses, and opportunities for business development. Further, training on implicit biases can only go so far if law firms do not find ways to account for biases in their policies. For example, promotions based primarily on the number of hours billed without accounting for other metrics of success disadvantage attorneys (mainly women) who have had to take time off to care for family members.

Lack of flexibility or “penalization” for taking advantage of flexible policies

Following the pandemic, law firms (officially or unofficially) expect more attorney working hours to be spent in the office. However, the burdens associated with childcare and caring for elderly family members fall mainly on the shoulders of women. For example, one survey of 1,300 attorneys found that 54% of women were exclusively responsible for arranging childcare, as opposed to a mere 1% of male attorneys. As such, firms that expect or require a certain amount of in-office time are systematically disadvantaging women.

Further, while many firms allow attorneys to switch from a full-time work schedule if needed to a part-time schedule, attorneys can feel (and rightfully so) that transitioning to part-time will negatively impact their opportunities for advancement. Because the majority of attorneys who work part-time are women, women are mainly impacted by this stigma.

How law firms can retain experienced female lawyers

Establish thoughtful and goal-oriented mentorship programs

A meaningful mentor-mentee relationship can make a big difference in the trajectory of a female (or any) attorney’s career. Many firms offer mentorship programs, but meaningful programs should include detailed discussions of the mentees’ career goals and mentors who are prepared to help mentees develop steppingstones to reach their goals.

Destigmatize flexibility and part-time work

As a result of the pandemic, law firms were required to allow employees to work from home for a period of time, and attorneys proved that they could thrive in or out of the office. Allowing attorneys to work from home will help women balance the demands of working at a law firm with the competing demands of family care. Law firms should also try to destigmatize part-time work by considering part-time employees for promotions.

Promote more women and include women in succession plans

By promoting more women to partnership positions, including women who have taken advantage of the firm’s part-time or flex-time policies, law firms will show other female attorneys that there is a place for them in firm leadership roles. Further, women serving in leadership roles will be more mindful of some of the issues that disproportionately impact women and can ensure that the other leaders of the firm consider these issues when making decisions about promotions and compensation. Another way to guarantee that women play meaningful roles in the future of a firm is to make sure women are included in firm succession planning (i.e., in line to takeover matters and client relationships when a more senior attorney retires).

Conclusion

Without a deeper look at the ways law firms can support women, law firms will continue to lose experienced female lawyers at the peak of their careers. Further, the solutions offered in this article will benefit not only women lawyers, but all lawyers at a law firm.