Mothers in Private Practice: Survey Asks Where Do We Go From Here?

BY CHRISTINA RICHMOND

What is the impact of parenting on the careers of women lawyers in Seattle-area law firms? How can firms retain and advance women with children? 

These are the questions explored in the 2023 research report, Mothers in Law Firms: Where Do We Go From Here? An Empirical Study of Seattle Area Lawyers, sponsored by the Mother Attorneys Mentoring Association of Seattle (MAMA Seattle) and authored by Roberta D. Liebenberg and Stephanie A. Scharf of the Red Bee Group.¹1 R. Liebenberg and S. Scharf, “Mothers in Law Firms: Where Do We Go from Here? An Empirical Study of Seattle Area Lawyers Sponsored by MAMA Seattle,” 2023, available at https://mamaseattle.org/project/report-on-mothers-in-law-firms/ (“Mothers in Law Firms”). 

MAMA Seattle commissioned the research and report in recognition of the fact that women lawyers have not progressed in private practice at the same rate as their male colleagues. Women are now entering the legal profession in greater numbers—women comprise approximately half of all new associates at law firms—yet women remain less likely to become partners or to serve in a leadership role in their firms, and disproportionately more women than men leave private practice or the practice of law.²2 See, e.g., National Association of Women Lawyers (NAWL) 2021 Survey on the Promotion and Retention of Women in Law Firms, pp. 4-5 & 18-19, available at http://www.nawl.org/research; National Association for Law Placement (NALP) Report on Diversity in U.S. Law Firms, January 2022, available at www.nalp.org/uploads/2021NALPReportonDiversity.pdf. While numerous studies have examined the continued existence of gender disparities,³3 See note 1, supra, at 2, for discussion and citations to such studies. this project was intended to fill a specific gap: measuring the felt experiences and impact of parenthood on the advancement of women attorneys with children (hereafter “mother attorneys”) working at private firms. It is also the first such study of this type specific to the Seattle area.

To gather data for the study, the report’s authors conducted a survey that received over 1,000 responses and then interviewed a subset of survey participants.⁴4 See note 1, supra, at 3-5. The survey was directed to lawyers who currently work in Seattle-area law firms or who have previously worked in private practice.⁵5 To solicit respondents, the survey was emailed to Washington State Bar Association members with a King County address who had opted into allowing their email addresses to be shared. The survey was also sent to MAMA Seattle members and a link was published in the online King County Bar Bulletin. Two-thirds of respondents were currently working in private firms, with 26 percent working as associates, 22 percent as counsel or non-equity partners, and 29 percent as equity partners (including solo practitioners). Of all respondents, 73 percent were female, 27 percent were male, and 0.4 percent identified as non-binary/third gender. A heavy majority of respondents had children (83 percent of women and 86 percent of men). The report’s authors then conducted individual hour-long interviews with eight lawyers in the Seattle area, recruited by MAMA Seattle and selected to include men and women of diverse races/ethnicities.

The resulting final report addresses two topics: (1) the everyday experiences, concerns, and impact of parenting on legal careers; and (2) the law firm strategies that are viewed as important to advancing careers in private practice for women with children. The report presents a suite of best practices that would benefit mother attorneys not just in private firms but in other organizations and legal employers. MAMA Seattle intends the report to serve as a resource for employers to consult when considering policies and practices to support mother attorneys. 

MORE ONLINE > The research report is available to download from the Mother Attorneys Mentoring Association of Seattle website: www.mamaseattle.org.

Survey Findings

The survey results showed that both men and women put off having children because of career concerns, although a greater percentage of women than men postponed having children (30 percent as compared to 18 percent). Mothers are more likely than fathers to have primary responsibility for child care and household activities, and while both mothers and fathers reported that many child care and household activities are shared between spouses or partners, fathers reported that they share responsibilities with a spouse/partner more than mothers reported that they share responsibilities with a spouse/partner.⁶6 See note 1, supra, at 7-9.

In delving into the experiences of mothers in private practice who have dependent children, the survey found that the top three reasons women stay in larger firms (50+ lawyers) are financial compensation, opportunities for advancement, and relationships with colleagues. The top reasons women stay in smaller firms (from 1 to 50 lawyers) are work/life balance, interesting work, and number of required hours (presumably lower).⁷7 See note 1, supra, at 9-10.

The data showed that women are significantly more likely than men to leave private practice because of having a child.⁸8 See note 1, supra, at 10. Further, as lawyers grow their families with additional children, they are less likely to work in private practice, with that effect more pronounced for women than men.⁹9 See note 1, supra, at 10. Mothers in private practice who live with dependent children are significantly more likely than fathers (29 percent of mothers as compared to 6 percent of fathers) to experience demeaning comments because of their role as a parent.¹⁰10 See note 1, supra, at 11. They also experience significantly higher levels of stress, burnout, and workplace exclusion than fathers.¹¹11 See note 1, supra, at 11-12.

Views were split about whether survey respondents’ firms had been successful in retaining and advancing women with children. Over half of parents who practice in law firms agreed that their firm has been successful at retaining and promoting women with children, implementing policies that support mothers, and providing a culture with good work/life balance. However, a substantial number of mother attorneys did not agree that their firm has been successful with those same metrics.¹²12 See note 1, supra, at 15-16. This split in views reinforces the need for some firms to assess the effectiveness of their existing policies on the careers of mother attorneys.

The survey also collected responses on participants’ perspectives on strategies for advancing and retaining women lawyers with children. There was large consensus among both mothers and fathers that the following strategies were “very important” for advancing and retaining mother attorneys: 

• paid parental leave for the birthing parent, 
• the ability to work flexible hours, 
• comprehensive plans for sick leave and family leave, 
• a policy that allows remote work, 
• leaders encouraging lawyers to take vacations and time off, 
• paid parental leave for the non-birthing parent, 
• allowing part-time work, 
• and consistently applied written criteria for promotion to equity partnership. 

Another set of strategies was viewed by mothers, but not fathers, as “very important” for retaining and advancing mother attorneys: 

• lower required billable hours, 
• a consistently applied written policy that allows more than one person to share credit for client matters, 
• monitoring metrics of women with children (e.g., attrition, promotion, salary, bonuses, work assignments), 
• business development training for women lawyers, 
• leadership management training, 
• providing designated lactation rooms, 
• emergency child care resources, 
• and a written policy to add more women to law firm leadership roles. 

The survey revealed that equity partners have slightly different views on which policies are especially important. Women equity partners viewed the following policies as “very important”: 

• the ability to work flexible hours, 
• monitoring metrics of women with children, 
• mentoring or sponsorship programs.

The survey collected responses on remote work and parental leave policies. Roughly 78 percent of mothers reported that the ability to work remotely was “very important,” though the report notes that the risks of remote work include missing out on mentoring and training opportunities, feeling left out, and not having the visibility needed for career progress. With regard to parental leave policies, the majority of respondents reported that their firm offered three months or more of paid leave for the birth mother, with smaller percentages receiving two months of parental leave and a small fraction reporting less than two months. Similar levels of parental leave were reported for fathers. And while not universally true, survey results indicated that some lawyers face reduced compensation associated with taking parental leave, likely linked to the reduced hours worked because of leave.

Best Practices 

Drawing on the survey data, responses from interviewees, and other reports about advancing women in law, the report presents a set of suggested best practices to advance and retain mother attorneys.¹³13 See note 1, supra, at 26. Other reports about advancing women in the law are cited in endnotes 3 through 5 of “Mothers in Law Firms.” As not every firm or legal employer is the same, the menu of best practices allows each organization to select the practices and policies that best fit its culture and goals. The best practices presented and discussed in greater detail in the report are:

1. Implement policies designed to advance careers for mothers, using the survey results to consider policies viewed by women as important.
2. Implement policies that support workplace flexibility but do not disadvantage attorneys who utilize them.
3. Encourage all parents to take paid parental leave, and in particular encourage fathers and/or non-birthing parents to take full advantage of parental leave offered. Ensure that all parents who take advantage of parental leave are not penalized in their compensation, bonuses, or partnership determination.
4. Promote a parent-friendly firm culture and provide resources and support for parents. 
5. Revamp compensation and billable hours policies. Reduced billable hours and workload were viewed as “very important” by mothers for the retention and advancement of women with children.
6. Recognize and address implicit biases against mothers and caregivers. Anti-bias training could be targeted to enable lawyers to recognize and combat unconscious biases that may deprive women of opportunities to work on important matters for significant clients.
7. Use metrics to track goals. Metrics are the only meaningful way to assess the impact of policies aimed at retaining or advancing mother attorneys, though each firm should decide which metrics would be most useful.
8. Encourage child care responsibilities by both parents.
9. Develop on-ramp programs.

The goal of the best practices and policies is to create a culture where women with children can thrive in long-term careers, whether in private practice or other sectors. MAMA Seattle encourages all legal employers to consider the survey results and recommended best practices when evaluating how to best support mother attorneys. 

NOTES

1. R. Liebenberg and S. Scharf, “Mothers in Law Firms: Where Do We Go from Here? An Empirical Study of Seattle Area Lawyers Sponsored by MAMA Seattle,” 2023, available at https://mamaseattle.org/project/report-on-mothers-in-law-firms/ (“Mothers in Law Firms”). 

2. See, e.g., National Association of Women Lawyers (NAWL) 2021 Survey on the Promotion and Retention of Women in Law Firms, pp. 4-5 & 18-19, available at http://www.nawl.org/research; National Association for Law Placement (NALP) Report on Diversity in U.S. Law Firms, January 2022, available at www.nalp.org/uploads/2021NALPReportonDiversity.pdf.  

3. See note 1, supra, at 2, for discussion and citations to such studies.

4. See note 1, supra, at 3-5.

5. To solicit respondents, the survey was emailed to Washington State Bar Association members with a King County address who had opted into allowing their email addresses to be shared. The survey was also sent to MAMA Seattle members and a link was published in the online King County Bar Bulletin.

6. See note 1, supra, at 7-9.

7. See note 1, supra, at 9-10.

8. See note 1, supra, at 10.

9. See note 1, supra, at 10.

10. See note 1, supra, at 11.

11. See note 1, supra, at 11-12.

12. See note 1, supra, at 15-16. 

13. See note 1, supra, at 26. Other reports about advancing women in the law are cited in endnotes 3 through 5 of “Mothers in Law Firms.”