Page 4 - Top Women in the Law

NYLJ
Top Women in the Law
2016
Step Into a More Active Role:
Advice From the Courtroom and Boardroom
By Sharon M. Porcellio
Amid all of the stories regu- larly headlining the news, including “Women Lawyers Continue to Lag Behind Male Col- leagues,”1 “Male Partners Make 44 Percent More Than Women, Survey Shows,”2 “Is Origination to Blame for Women Partners’ Lower Pay?”3 and “Women Law Students Say Pay Disparity Is Systemic Problem,” what are women doing and what can they, their rms, clients, and the courts do to change those headlines?
From Female Bar Leaders
The former chairs of the New York State Bar Association Com- mercial and Federal Litigation Sec- tion began a Women’s Initiative for the section to bring the next gen- eration of women into the section, the profession and into leadership positions. At its Annual Meeting this past January, it held a panel of the female former chairs of the Section. As former chair Lauren Wachtler, a partner with Mitchell Silberberg & Knupp, noted, the former chairs wanted to take a positive approach by “focusing on mentoring, creating opportunities for upcoming women in the section and the profession and showing them that with the right tools, they can succeed.” The section has continued its efforts with a num- ber of follow-up programs and activi- ties, most notably the upcoming trial practice CLE. Planned by the women former section chairs and geared toward junior attorneys, the event will feature experienced women trial lawyers, including former section chairs and competitively selected junior attorneys, followed by a dis- cussion among the presenters where they will share their trial strategy, advice, and insights. The group will also share the ongoing informal sur- vey of state and federal courts and ADR programs to gather data about lead roles and appearances by wom- en attorneys. See “Study to Track Female Lead Counsel in NY Courts, Arbitration,” NYLJ, (Sept. 29, 2016).
Carla M. Miller, Vice-President, Business & Legal Affairs for Univer- sal Music Group, Co-Chair of the Section’s Diversity Committee, and founding Co-Chair of the Section’s Corporate Litigation Counsel Com- mittee, moderated the Annual Meet- ing Program and will moderate the upcoming CLE program. Represent- ing a global music company, Miller has a strong interest in a quality diverse legal team. She also suggests those aspiring for more leadership roles check their ego at the door and listen. “Leadership is mostly about listening and communicating authentically.”
Maryann Saccomando Freedman became the rst woman president of the New York State Bar Association in 1987. Although she recognizes that there has been some progress with women taking the lead role in litiga- tion and with rms since that time, it saddens her that there has not been more opportunity for women lawyers and that bias now is more subtle. Nevertheless, one piece of advice she offers is, “A chip on your shoul- der gets you nowhere.” She offers some specific pointers from her days in court and leading meetings:
• Be aware of how your physi- cal presence appears in court. As a short woman, she never stood by the jury box because it dwarfed her; rather, she stood back or across the courtroom where she was by herself and the jury had to focus on her. • Be conscious of the pitch and cadence of your voice. Freedman would often use her piano to practice taking the pitch of her voice down to be better heard and more appeal- ing to the jury or audience. • At meetings, watch your interruptions. Take care to never speak over anyone or continue to talk even when someone else is talking over you. Simply wait until it is quiet and speak con dently so every- one can hear you. This ensures you have everyone’s attention. • Be prepared and don’t be afraid to take command. Freedman would often handle
board and House of Delegates meetings well in part because she was fully prepared and did not let people ramble. “I let people have time to express themselves but at various times, I would ask the House generally or the speaker individually if he/ she had anything new to add to the discussion. Generally, they listened and did not repeat things that had already been addressed.”
Freedman views these tips as signs of strength and intelligence— recognizing differences in the gen- ders, not signs of weakness.
From the Courts
In addition to the judges, male and female, helping gather the data for the survey I’ve already discussed, many are generous with their time and talents. U.S. District Judge Elizabeth A. Wolford of the Western District of New York was in private practice for about 20 years before taking the bench in 2013 as the rst female Article III judge in the district, including heading her own rm. She offers the following advice: “No mat- ter the setting, always be prepared. This will allow you to voice your posi- tion with con dence and clarity. And be yourself—inauthenticity will be readily apparent and will undermine the credibility of your position.”
Judge Erin M. Peradotto, Supreme Court Justice, Appellate Division, Fourth Department, offers these bits of advice based on her 32 years of experience in law:
• Be ready and respectful. “This may seem obvious— whether for a board meeting, rm meeting, or court appear- ance (whether you are a lawyer or judge), show up prepared and be respectful. As an Appellate Division judge, I participate in collaborative decision-mak- ing. That process sometimes involves disagreement among the judges. Whether I agree or disagree with my colleagues, I am always prepared to support my position and always respectful in my dealings with my colleagues.”
• Don’t be naïve. “I entered the profession with the belief that there really were no barriers that would hinder my advancement, or the advancement of any wom- an, as a lawyer. Thirty-two years later, my views are not quite that naïve. Regrettably, there is still subtle, and sometimes blatant, sexism and discrimination in the profession. My advice to a woman who is faced with such conduct and who believes that a response is warranted, is to take the high road and respond with- out being nasty and antagonistic. Respond in a manner that does not compromise your integrity or reputation. That will do much more to show strength and con- dence.”
• Don’t be afraid to seek lead- ership roles in the profession. “I was asked to run a contested race for President of the Bar Association of Erie County in early 1996, when I was 35 years old. I did not hesitate to do so, even though the BAEC had never elected a President as young as I was then, and, as of that date, had only elected one woman as its President. I won that race and I know that the experience played a role in opportunities that came along for me there- after.”
From the Firms
One tip from my own rm, Bond, Schoeneck & King, is to walk the talk when it comes to diversity. As many rms can attest, this isn’t easy and takes a concerted effort. For instance, at my rm we have a Women’s Ini- tiative and we’ve recently appointed one of our partners to serve as our Diversity and Professional Develop- ment Leader, and have authorized him to commit a substantial por- tion of otherwise billable time to furthering the firm’s investment and commitment to diversity.
“Diversity has long been a priority at Bond, and actions speak louder than words, which is re ected in the diversity of our summer associates, incoming rst-year associates, later-
Sharon M. Porcellio
is a member of Bond, Schoeneck & King, representing businesses and institutions in commercial litigation and employment matters. She is a Former Chair of the NYSBA Commercial and Federal Litigation Section and can be reached at [email protected].
ally hired attorneys and new part- ners in recent years—the majority of whom have been women. We’ve also recently elected a top female leader to our management committee. We celebrate diversity of all kinds—race, religion, gender, sexual orientation, gender identity, disability, veteran status—because we know it makes us a stronger firm, and in turn it better serves our clients” said Clif- ford G. Tsan, Diversity and Profes- sional Development leader at Bond.
There are steps every lawyer (male or female) can take to reverse the trend of women lawyers taking a backseat in the courtroom and the boardroom. Why not give someone different a chance in your office by offering the next assignment to someone with whom you have not worked before, preferably a woman or minority? Alternatively, I would recommend young female lawyers seek out every opportunity you can (and want), take full advantage of it and do it outstandingly well.
The Future
The good news is that “every- one” is talking about these impor- tant issues and their causes, such as implicit bias, and waking up to the notion that despite the number of women in law school and rms, things have not changed signi cant- ly and may have gone backward in some ways. Some believe that clients will likely drive the change as they place greater value on » Page 32
2 November 2016 |
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