Ed. note: This is the latest installment in a series of posts on motherhood in the legal profession, in partnership with our friends at MothersEsquire. Welcome Faith Bentley to our pages. Click here if you’d like to donate to MothersEsquire.
The adage that women are expected to work like they do not have children and mother like they do not have work has some relevance when considering female participation in the legal field. As noted by MothersEsquire’s current president, Sarah Mannion, any number of law firms make all of the right noises but fail to act in actually supporting mothers, demonstrating that the motherhood penalty is alive and still prevailing. The broadening social acknowledgement of this penalty has initiated reform solutions, such as the Mansfield Rule. Additionally, there has been a gradual economic recognition of the nuanced wage gap associated with the penalty.
The “work family” narrative has prevailed in many different avenues of the legal profession, with the main culprit of endorsement being the culture surrounding the practice of law. After spending 18 hours with a global consulting firm, one study determined that women’s stalled advancement in their professions was derived from the “culture of overworking.” Although most can relate to the pressures of falling victim to heavy time constraints in the legal profession, mothers in the law are directly impacted by this environment.
The culture of overworking reiterates and further facilitates gender inequalities in the legal profession, as mothers are encouraged to take career-derailing accommodations to meet the demands of both work and family, imposing a dual identity onto them. Although there is recognition of the roles imposed upon mothers in the legal field, it is the repercussions that follow when they take these accommodations that are encouraging gender discrepancies in the practice of law. Upon having a child, women are often encouraged to take make adjustments — such as working part-time and shifting to internally facing roles, thereby derailing their careers as they once were. Although these arrangements are intended to best serve mothers, parental support policies are unserviceable if they are disadvantaging the people that they are intended to help.
In 2023, a report by the ABA found that 56.2% of law school students were women — outnumbering their male counterparts. Additionally, it was found that 41% of all U.S. lawyers were women. However, the prevailing issue is not the recruitment of women to the legal profession, it is the retention of women within the legal profession. In 2023, only 28% of all law firm partners were women. Sharon Rowan, an award-winning director and practicing trial attorney in Atlanta, conducted research for over two decades and found that the core reasons why women leave the practice of law are due to the tedious work-life balance, the unconscious bias, and the wage gap. Women stay where they feel appreciated, their successes are recognized, and their outside lives are valued.
Additionally, more attention is being brought to the nuanced “motherhood penalty” in regard to wage disparities over time. Research has shown that when employers make a job offer to mothers, they offer a lower salary than they do to other women. In contrast, men do not suffer a penalty when they become fathers — it is actually the opposite. The “fatherhood bonus” prevails, in which their earnings actually increase upon being a father. A key reason behind this is the positive perception and social respect that generally surrounds fathers. This reality could greatly diminish by bringing awareness to this issue, encouraging transparency in earnings, and redefining society’s understanding of motherhood.
A previous professor and current mentor of mine disclosed her struggles with this dilemma to my class during the first year of law school, which consisted largely of women, sharing how she used this conflict as motivation to become her own boss. Newly returned from maternity leave, the partner — who was a male — initiated many deadlines, phone calls, and standards without regard to the fact she had just had a child. Torn between her lifelong ambition and the reality that so many women in the legal field experience upon shifting titles to “mother,” she began her own firm. Her act of bravery and resilience is admirable; however, upon hearing her predicament, I could not stop pondering how mothers should not have to feel compelled to make such a decision.
This dilemma also prevails in what has best been coined as the “returnity” crisis. When mothers return from work after taking accommodations — such as maternity leave — they return to a newly accelerated environment, with more priorities, and the same fast-paced culture of overworking that was waiting for them when they got back. This is not to say that a universal conflict is placed upon all women in the legal profession; however, there is a dialogue that deserves more recognition and awareness when having these conversations.
The Solution
A national initiative, the Mansfield Rule, is designed after Arabella Mansfield, the first female lawyer in the United States. The rule is devoted to affirmative action, measuring whether law firms consider at least 30% of women, lawyers of color, LGBTQ+ lawyers, and lawyers with disabilities for leadership and governance roles, promotions, and entry-level and lateral hiring. In 2023, Diversity-Lab announced that more than 240 law firms had achieved certification for the Mansfield Rule, with that number increasing annually. This is a step in the right direction, as it is bringing awareness to the social discrepancies within the practice of law.
Faith Bentley is in her second year at the Brandeis School of Law at the University of Louisville. She is passionate about advocating for children and hopes to pursue her career in Family Law. She is a first-generation law student and when she is not studying, Faith enjoys spending time with her friends and painting.
