Female Attorneys ‘Woefully Underrepresented’ In New York Courts, Study Finds

Women remain seriously underrepresented as lead counsel, particularly
in more complex cases. Photo: Shutterstock

According to a new report from the New York State Bar Association, women are the lead counsel in only 25 percent of cases in courtrooms across the state of New York.

The study asked judges to track the participation of women as lead counsel and trial lawyers in civil and criminal matters. It included both federal and state courts, and public and private sector attorneys. According to the American Bar Association Journal, about 2,800 judges completed questionnaires for the study, which took place from September 1, 2016 through December 31, 2016.

Female attorneys in the public sector fared slightly better in terms of representation than their peers in the private sector, with women comprising 38.2 percent of lead counsel. In the private sector, women only counted for 19.4 percent of lead counsel.

“The results reveal that women remain woefully underrepresented in the courtroom—particularly in the private sector,” said retired U.S. District Court Judge Shira Scheindlin of New York City.

“The low percentage of women attorneys appearing in a speaking role in courts was found at every level and in every type of court: upstate and downstate, federal and state, trial and appellate, criminal and civil, ex parte applications and multi-party matters," according to the report.

The report also reveals that the most striking difference occurred in complex commercial cases. Women’s representation as lead counsel shrank from 31.6 percent in one-party cases, to only 19.5 percent in cases involving five or more parties.

“In short, the more complex the case, the less likely that a woman appeared as lead counsel,” the report said.

The gender gap also continues in alternative dispute resolution (ADR) cases. Of a sample of 589 cases, women were selected as arbitrators 28.8 percent of the time and as mediators about half the time.

“Unfortunately, the gender gap in the courtroom and in ADR has persisted even decades after women comprised half of law school graduates,” the report concludes. “There is much more that law firms, corporate counsel, and judges can do to help close the gap. Similarly, the limited number of women in ADR serving as neutrals and appearing in complex commercial arbitrations is startling.”

But, the report says, the active dialogue that is currently happening is a step in the right direction. “It is the task force’s hope that this dialogue—and the efforts of all stakeholders in the legal process—will help change the quantitative and qualitative roles of female lawyers.”