Professional Women: Gender Bias in America's Legal System

Imagine your doctor, your lawyer, your mayor, and your professors were all women. How would you feel? In modern society, most positions of authority and power are held by men. Female professionals are often belittled for their choices regarding their personal lives and sexually harassed by male co-workers. Many workingwomen are viewed as hostile and cold, especially those with many achievements. Whether or not we acknowledge these stereotypes, they affect our expectations of men and women, especially professionals, every day.

Diversity in communication styles within each gender group further intensifies the gap between male and female. In mixed gender settings, men tend to talk more than women. Men are more likely to interrupt another speaker, but when women do interrupt, they are more likely to interrupt another woman than a man. Women also allow for more interruption than men. In a study of trial witnesses in a superior court, undergraduate student observers saw witnesses, whether male or female who used powerful language as being "more competent, intelligent, and trustworthy" (Vanfossen). Gender bias in the law profession begins within the courtroom.

Demeaning speech and attitudes toward female attorneys and litigants are far too common in today's justice system. The biases go too far, however, when judgments are made based on these stereotypes. Clouded judgments have scarred the lives of many Americans. For example, gender stereotypes often play a significant role in the division of property upon divorce. Unfortunately, a decision that seems "fair to the judge may actually be a poverty sentence for the party who has not consistently, if at all, worked outside the home" (McCurley 3).

The attorney, whether male or female, must bring underlying details to the judge's attention so that an unbiased decision can be reached. In many circumstances, usage of bias may adversely affect the perceived credibility of participants in the judicial process. It's unrealistic to expect judges or jury members to forget lifetimes of social conditioning. Subsequently, these stereotypes delegate the ideal courtroom setup. Many lawyers use these stereotypes to cull the list of potential jury members. The nature of a particular case determines the type of jury desired. For instance, an all female jury in a custody battle would unnerve even the hardiest of trial lawyers if he or she represents the father (McCurley 6).

While the courtroom is a public forum where participants must at least appear to be politically correct, behind the closed doors of the law office is an entirely different matter. Stereotypes pervade the law office, clouded by a negative view of the female professional. Almost every state that commissioned a gender bias task force reports tales of harassment and intimidation of female lawyers by colleagues and judges (Sobel 41). Many things considered appropriate for a male associate are not for a female. For example, if a male associate's desk or office is cluttered, he is "obviously a hard worker" where a female associate would be labeled "a disorganized scatterbrain" (McCurley 13).

Statistics show that there is a definite glass ceiling in the law profession. A glass ceiling, or a cap for the capabilities of a certain group, is another area where gender bias influences the field of law. Female enrollment in top law schools has increased by more that 10% since 1985, yet women represent less than 16% of law partners nationwide (Fisher 44). Catalyst President Sheila Wellington urges corporate legal departments to act, "For most corporate legal departments, a broad strategy of diversity and inclusion is the best way to address the barriers identified in our study" (USA: Women in Law 90). Even though one in five lawyers in the United States are women, their probability for advancement is low. The American Bar Association's Young Lawyer Division found that 81% of female lawyers are associates in law firms, compared to 54% of males. Despite of this gap in women's favor, only 16% of women had been promoted to partner, weighed against 45% of men. Exclusion from internal networks, lack of women's leadership, and stereotypes about women's abilities hinder female attorneys form these promotions throughout the United States, despite awareness of the biases present.

The United States justice system has taken many strides toward the elimination of gender bias in the legal profession. This process of elimination is slow and tedious. Perhaps by the nest turn of the century our society will accept women professionals as competent members of the legal vocation.

Works Cited

Fisher, Daniel. "Look Inward, Lawyers." Forbes. 16 August 2004. Vol. 174 Issue 3 p 44.

McCurley, Mary Johanna and Michael Hutchens. "Gender Bias in Our Courts and Practice: Fact or Fiction?". McCurley, Webb,

Kinser, McCurley, and Nelson. Dallas, Texas. . 11 Oct. 2004.

Sobel, Carol A. "NO: Good Intentions Cannot Justify Bad Law." ABA Journal. August 1995. Vol. 81 Issue 8. p 41.

"USA: Women in Law: Making the Case." Women's International Network News. Autumn 2002. Vol. 28 Issue 4. p 90.

Vanfossen, Beth. "Gender Differences in Communication." ITROW's Women and Expression Conference 2002. http://www.towson.edu.itrow/wmcomm.htm. 8 Oct. 2004.