Why Women Lawyers Are not Represented in the ITC and Law Firms

By The Fatty Fish Editorial Team - March 30, 2023
Why Women Lawyers Are not Represented in the ITC and Law Firms

Women lawyers leave the legal profession for various reasons. These reasons vary depending on individual circumstances and experiences, and not all women lawyers have the same motivations for leaving. The report from the American Bar Association and ALM Intelligence addresses why senior women are far more likely than men to leave the practice of law. The report finds that while male and female lawyers reported similar levels of job satisfaction regarding the intellectual challenge of their practice areas and the work they perform, they had dissimilar levels of satisfaction regarding the recognition they receive for their work, the methods by which compensation is determined, their opportunities for advancement, the commitment to workplace gender diversity, and the leadership diversity of their firm.

The top reasons female lawyers cited for leaving the practice of law included caretaking commitments, the level of stress at work, the emphasis on marketing or originating business, and the number of billable hours. Female lawyers recommend firms evaluate how firm policies and practices affect female lawyers, ensure there is a critical mass of women partners on top firm committees, promote lateral hiring of women partners, offer resources to assist women with family obligations, and be flexible when it comes to changing practices.

Here is an opinion piece we found of interest relating to the underrepresentation of women at the International Trade Commission (ITC) and in the legal industry as a whole.

A Study on the Representation of Women at the International Trade Commission

In an opinion piece for IP Watchdog, “A Study on the Representation of Women at the International Trade Commission” Gwendolyn Tawresey, partner, and Lauren Giambalvo, associate, Troutman Pepper, discuss their recent study on the representation of women at the International Trade Commission. They point out that the statistics demonstrate a trend seen throughout the legal industry: the percentage of women tends to drop as the years out of law school increases. The study sheds light on the underrepresentation of women in the ITC, a key agency responsible for adjudicating intellectual property disputes in the U.S. The study, conducted by researchers from a prominent law school, analyzed the gender disparity among the ITC’s administrative law judges (ALJs) and found a stark gender imbalance.

They noted that approximately 31% of the women who appeared in 2022 ITC investigations were partners, while approximately 56% of the men were partners. Comparing the percentage of women partners to the total number of attorneys who have appeared and to the number of male partners again demonstrates the disparity. Just 8% of the attorneys that appeared in 2022 investigations were women partners compared with about 26.8% women partners in private practice at large. Of the total number of attorneys who appeared in 2022 patent-related investigations, just over 8% were women partners, while just under 40% were male partners.

The authors point out that the percentage of women lawyers tends to drop as the years out of law school increases. The cause of the relatively lower number of women at the ITC is unclear, but the ABA recently published a study seeking to identify the underlying issues in the legal profession at large. The study found the chief factors influencing women to leave the profession included “real or perceived pay disparities, feelings of isolation, and obvious or more subtle displays of gender bias.” They point out that the ITC’s fast pace, unforgiving deadlines, and existing gender gap may exacerbate these issues, leading women away from practicing at the ITC. Read the full article on IP Watchdog.

Disclosure: Fatty Fish is a research and advisory firm that engages or has engaged in research, analysis, and advisory services with many technology companies, including those mentioned in this article. The author does not hold any equity positions with any company mentioned in this article.

The Fatty Fish Editorial Team includes a diverse group of industry analysts, researchers, and advisors who spend most of their days diving into the most important topics impacting the future of the technology sector. Our team focuses on the potential impact of tech-related IP policy, legislation, regulation, and litigation, along with critical global and geostrategic trends — and delivers content that makes it easier for journalists, lobbyists, and policy makers to understand these issues.