CBA Record

MORE WOMEN NEED SEATS AT THE TABLE First Chairs at Trial By Laura Hoover CBA Alliance for Women O n Thursday, October 8, the Chi- cago Bar Association’s Alliance for Women and the Decalogue

Society of Lawyers sponsored a program on Fairness and Equality in the Illinois Court System. Panelists Sherri Arrigo, Partner, Donohue Brown Mathewson & Smyth LLC, Illinois Appellate Court Justice Michael B. Hyman, and Stephanie Scharf, Partner, Scharf Banks Marmor LLC spoke from their perspectives on fairness in the administration of justice. The Illinois Supreme Court Committee on Equality was established by the Illinois Supreme Court in 2015 to promote fair- ness in the administration of justice. The study conducted by the Illinois Supreme Court Committee, took the first empiri- cal glimpse of those who serve as lead trial counsel in the Northern District of Illinois. The numbers were taken from a random sample of appearances filed in the North- ern District of Illinois in 2013. There were 2,100 attorneys who filed appearances, an average of four attorneys per case. The study found that in general apper- arances, 68 percent of those who responded were men. Of Lead Counsel or Trial Coun- sel, 75 percent were men. In cases where only men appeared in the matter (in any role), 60 percent were men. Additional realities told a very similar story. In 2015, the American College of Trial Lawyers inducted 58 attorneys, and only six were women. In law firms, there The complete presentation of the IllinoisSupremeCourtCommitteeon Equality study andpanel discussion can be viewed on the CBA Alliance for Women Committee’s Webcast Archive.

Panelists Sherri Arrigo, Stephanie Scharf, and Justice Michael B. Hyman.

is a significant drop off in the number of women as the level of seniority increases (i.e. associate, newly promoted partners, non-equity partners and equity partners). Sherri Arrigo, who practices primarily in the Circuit Court of Cook County, observed that the numbers are even worse than that of the Northern District of Illi- nois. “It’s a handful of women in the city that are trying, especially the larger cases.” Sherri explained. Hinting at a larger prob- lem, law firms need to take responsibility for their policies and culture which fuel gender disparity. The legal profession is losing female talent, primarily because firms are not advancing enough women into senior roles. Moreover, society has made it very difficult for women to advance because of family commitments. Justice

Hyman wisely noted, “I’ve never heard of the daddy track.” Future for Women Clients are going to be the force driving changes to the gender gap within lead counsels. General Counsels are also asking questions about law firm diversity. Equality within the legal profession will come when clients insist on the change. “It’s going to be the power of the purse,” said Stephanie Scharf. The panelists agreed that women play a crucial role in facilitating that change by bringing in their own business. Clients want the attorney they hired to try their case. When it is your business and your clients, you will spring yourself into the lead counsel role.

DEALING WITH BIAS/GENDER STEREOTYPES –Say Yes: if anyone asks you to do anything related to a trial, say“Yes”; –Prove Yourself: you have to work twice as hard to get half as far; –Speak Up: do the best you can, but if it gets to a point where the firm is hurting your career, do not remain silent; –Be Prepared: a firmmay retaliate against women speaking up–prepare to handle whatever backlash you might receive; –Have a Role Model/Mentor: it can change your future. –Judicial Bias: go to the presiding judge and ask for confidentiality; they will keep it!

14 NOVEMBER 2015