A groundbreaking new national study, prepared for the American Bar Association’s Commission on Women in the Profession, draws back the curtain on the competing demands experienced by all lawyers who are currently raising children while pursuing a legal career. Though the study covers the struggles experienced by both men and women, it shines a spotlight on the unique hurdles and biases faced in the workplace by female parents when compared to their male counterparts.
Stellar researchers Stephanie A. Scharf, Roberta D. Liebenberg and former ABA President Paulette Brown surveyed more than 8,000 attorneys for their eye-opening report, “Legal Careers of Parents and Child Caregivers: Results and Best Practices from a National Study of the Legal Profession,” published in late 2023. The responses revealed that many parents of both genders suffered “caregiver bias” that negatively affected the trajectory of their careers after having children.
However, the impact was particularly pronounced on the careers of women, as nearly two out of three (60%) working mother lawyers experienced a “motherhood penalty.” While juggling the stresses of parenthood, they were viewed as less committed to their careers, which in turn led to fewer opportunities for advancement and disproportionately high rates of attrition.
Although men and women have entered the legal profession in comparable numbers over the past 25 years, women have continued to make less progress achieving top leadership opportunities and compensation. This report confirms that the overall challenges women face in the profession are only amplified for those with children, and that family caretaking commitments appear to be the primary driver of women departing their firms.
For example, the survey confirmed that mothers are far more likely to “carry the double duty” of household responsibilities and child care than are fathers, including arranging child care (65% of mothers vs. 7% of fathers), leaving work early for children’s needs (47% of mothers vs. 17% of fathers), helping with homework (41% of mothers vs. 12% of fathers) and cooking meals (41% of mothers vs. 16% of fathers).
These obligations, in turn, cause more mothers than fathers to experience tension between their legal careers and their parenting duties. Mothers have a deeper, more profound sense of guilt about working full-time (45% of mothers compared to 17% of fathers), and nearly half of female lawyers (48%) postponed starting a family because of career concerns (compared to 26% of men).
According to the report, mothers are also far more likely to encounter negative workplace experiences than fathers, “including disparaging comments about their ability and ambition, less access to business development and other career opportunities, lower compensation, lack of advancement and other actions that sidelined their careers.”
In fact, more than twice as many mothers as fathers in law firm settings received demeaning comments about being a working parent (61% of mothers vs. 26% of fathers), and a far higher number of mothers lacked access to business development opportunities (43% of mothers vs. 20% of fathers in law firms). In addition, a higher percentage of mothers in law firms were denied a salary increase or bonus (37% of mothers vs. 22% of fathers). This carried over almost exactly to being rejected or overlooked for advancement or promotion (36% of mothers vs. 22%).
Our profession should be—and can be—the gold standard for achieving workplace equity and equality for the betterment of our families, businesses and society in general.”
All of the above further resulted in mothers experiencing higher levels of stress and burnout than fathers: They are much more likely than fathers to “almost always” or “often” feel overwhelmed with all the things they have to do (70% of mothers vs. 41% of fathers) and feel that “their day never seems to end” (65% of mothers compared to 41% of fathers).
Now that we have this crucial information showing how parenting affects day-to-day law practice and creates long-term effects on legal careers—especially for women—what’s next?
The report has ignited a critical conversation. Upon its release, ABA President Mary Smith noted that “our profession should be—and can be—the gold standard for achieving workplace equity and equality for the betterment of our families, businesses and society in general.” To attain this standard, the report itself recommends several practices and policies designed to retain, support and advance lawyers who are parents, with a particular focus on women.
For example, the survey showed that 42% of mothers left their law firms due to the number of required billable hours, while 34% departed to achieve a better work-life balance and spend more time with their children. However, 60% of mothers would stay at a firm that provided flexible scheduling to enable them to meet their caretaking commitments, including a greater ability to work remotely.
Additionally, a majority of parents of both genders reported that overall, hybrid or remote work enhanced their work/life balance and decreased stress. The report therefore recommends that organizations implement flexible work policies “that allow lawyers to choose how and when they want to work and be most productive, but also take concrete steps to ensure that those who utilize such policies can advance and succeed and are not treated any differently than their colleagues.”
It further recommends that organizations develop and support “family-friendly policies” that benefit all parents, including generous parental leave, childcare resources and wellness and mental health programs.
With specific respect to women, the report counsels' employers to implement policies to eliminate the motherhood penalty and support the advance of mothers into high-level positions, which includes adjusting compensation and billable hour policies, considering part-time or “non-billable” work for promotion, establishing written and transparent guidelines for compensation and client succession, and creating mentoring programs designed to support working mothers.
The report confirms what parents already know: Significant challenges arise every day while practicing law and raising children. The report also confirms that these challenges make a significant impact on female attorneys. By spotlighting these issues, the researchers’ work has opened a meaningful dialogue to drive positive change and promote new philosophical approaches combined with improved workplace policies to help ensure the retention and advancement of female lawyers with children.
Michele M. Jochner is a partner at Schiller DuCanto & Fleck LLP in Chicago, an internationally renowned matrimonial law firm, where she handles high-asset, complex appellate matters, as well as critical trial pleadings requiring sophisticated analysis, advocacy and drafting. A former law clerk to two Chief Justices of the Illinois Supreme Court and a sought-after speaker and a recognized thought-leader who has penned more than 200 articles, she has been honored as one of the “Top 50 Most Influential Women in Law” by the Chicago Daily Law Bulletin and has been recognized by The Best Lawyers in America® since 2015 in Family Law. She has also held leadership positions in a number of organizations, including the Illinois State Bar Association and the Chicago Bar Association, and is the immediate past Chair of the Minimum Continuing Legal Education (MCLE) Board of the Illinois Supreme Court.
