The study I co-authored with Stephanie Scharf, First Chairs at Trial: More Women Need Seats at the Table, is a first-of-its-kind empirical examination of the participation of women and men as lead counsel in civil and criminal litigation. Our goal was to understand the extent of the gender gap in the ranks of lead trial lawyers, so that the legal profession will take the necessary steps to effectuate meaningful change.
The conclusions of our study include the following list of suggested best practices for clients, law firms, judges, individual women lawyers, and law schools to help increase the number of women trial lawyers serving in lead counsel positions.
Clients:
• USE YOUR CLOUT. Retain women litigators to be lead trial lawyers in your cases and insist that they be given prominent positions and significant responsibility on your trial teams. Monitor how women lawyers are faring in your outside law firms.
• DO YOUR DUE DILIGENCE. Search out the names of women lawyers in trial court opinions issued in the subject areas of importance to your company.
• KEEP TRACK. Build and grow a “go-to” list of women litigators, utilizing recommendations from other in-house counsel—and use it.
• EDUCATE YOUR OUTSIDE COUNSEL. Offer specific training to women trial lawyers in the areas in which the company has a majority of its litigation.
Individual Women Lawyers:
• BE PROACTIVE. Seek out opportunities to be part of a trial team, and attend trial practice programs.
• SEEK ASSIGNMENT to cases that will allow you to play an active role in the litigation.
• TAKE SMALLER AND PRO BONO CASES that will give you first- chair experience.
• KEEP CALM AND CARRY ON in the courtroom, even under the considerable pressure of a trial.
• GET THE GRIT TOOLKIT. The ABA Commission on Women in the Profession’s GRIT Toolkit is a valuable training manual for learning the traits essential to becoming a great trial lawyer.
Judges:
• BE MINDFUL. Judicial appointments of women litigators to lead roles in MDL cases, class actions, and other positions increase their experience, credibility, and visibility, key steps toward reaching equity partnership and developing as rainmakers.
• INCENTIVIZE LAW FIRMS. Allow argument on motions that otherwise would not be heard, as long as the advocate is not the partner, to create courtroom opportunities for women and minority associates.
Law Schools:
• ENCOURAGE WOMEN LAW STUDENTS to become trial lawyers.
• TRAIN THEM via moot court, legal aid clinics, mentoring, and trial competitions.
• TEACH THEM how to navigate and overcome implicit bias.
• ADVISE THEM to pursue government litigation positions to gain first-chair experience and acquire lead roles sooner.
First Chairs at Trial: More Women Need Seats at the Table, by Stephanie A. Scharf and Roberta D. Liebenberg, is a joint project of the American Bar Foundation and the American Bar Association Commission on Women in the Profession, published by the American Bar Association.
Download the full report at https://www.americanbar.org/groups/women.html.
Insight
Women First Chairs
Roberta Liebenberg discusses her first-of-its-kind empirical study.
Related Articles
Canadian Women in the Legal Profession: From Non-‘Persons’ to Chief Justices
by Sara Collin
We take an in-depth look at the challenges and optimistic future of women in the Canadian legal sector.
Memphis Bar Gets First Black Female President
by Anissa Cordova
Best Lawyers is celebrating listed lawyer Tannera George Gibson who has become the first ever black female president of the Memphis Bar Association.
The Future of Litigation Is Changing for Female Solicitors in the U.K.
by Catherine Baksi
The support of entire law firms, organizations and senior counsel members will be the key to encouraging female solicitors and positive change in the industry.
Announcing the 7th Annual Women in the Law Publication
by Best Lawyers
The 7th Annual Women in the Law publication is a celebration of all the female legal talent across the country, honoring every woman listed in The Best Lawyers in America and Best Lawyers: Ones to Watch in America.
We Are Women, We Are Fearless
by Deborah S. Chang and Justin Smulison
Athea Trial Lawyers is a female owned and operated law firm specializing in civil litigation, catastrophic energy, wrongful death and product liability.
Washington D.C. 2022 "Lawyer of the Year"
by Best Lawyers
Subhashini Bollini is honored as 2022 "Lawyer of the Year" in Civil Rights Law for Washington, D.C.
The State of Women Inventors
by Kate Rockwood and Amanda Hermans
What’s being done to improve the gender patent gap—and how attorneys can help.
Equal to the Task
by Joyce D. Edelman
Fighting for gender equity in the law firm can seem like the very definition of a thankless task. But you just might find yourself able to make great strides.
Lecher Pays
by Ann E. Evanko and Katherine L. Wood
Can social change be sped up via legislation? A key provision of the recent tax-law overhaul, clearly written with #MeToo in mind, suggests it can.
Sarah R. London: Standing Up to Injustice Since Day One
by Justin Smulison
The Girard Sharp partner on steering multi-million-dollar litigation, and what it took to remain in the pilot seat while overcoming her own health challenges.
Supreme Court Opens New Door for Personal Injury Claims Under RICO
by Bryan Driscoll
The litigation landscape is rapidly shifting
Breaking Down Bar Association Compliance in Legal Marketing
by Jamilla Tabbara
Ensure your legal marketing practices meet ABA compliance standards to build trust, attract clients and avoid penalties.
Trending Articles
Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore
by Jennifer Verta
This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.
Effective Communication: A Conversation with Jefferson Fisher
by Jamilla Tabbara
The power of effective communication beyond the law.
The 2025 Legal Outlook Survey Results Are In
by Jennifer Verta
Discover what Best Lawyers honorees see ahead for the legal industry.
The Best Lawyers Network: Global Recognition with Long-term Value
by Jamilla Tabbara
Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.
Jefferson Fisher: The Secrets to Influential Legal Marketing
by Jennifer Verta
How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.
Is Your Law Firm’s Website Driving Clients Away?
by Jamilla Tabbara
Identify key website issues that may be affecting client engagement and retention.
Best Lawyers Launches CMO Advisory Board
by Jamilla Tabbara
Strategic counsel from legal marketing’s most experienced voices.
Common Law Firm Landing Page Problems to Address
by Jamilla Tabbara
Identify key issues on law firm landing pages to improve client engagement and conversion.
Changes in California Employment Law for 2025
by Laurie Villanueva
What employers need to know to ensure compliance in the coming year and beyond
New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers
by Bryan Driscoll
Turn Visitors into Clients with Law Firm Website SEO That Converts
by Jamilla Tabbara
Learn how to create high-converting law firm landing pages that drive client engagement and lead generation.
SEO for Law Firms: Overcoming Common Challenges
by Jamilla Tabbara
Tackle common SEO challenges and take the next step with our guide, How to Make Your Law Firm Easier to Find Online.
6 Steps to Finding the Right Keywords for Your Legal Content
by Jamilla Tabbara
Follow a practical guide to keyword research and boost your law firm’s SEO to reach more potential clients.
