Legal Discrimination? Alternatives to Traditional Linear Equity Partnerships and Flexible Employment for Female Attorneys at U.S. Law Firms

Abstract

As the legal profession gradually reaches equality in numbers among male and female practitioners, the percentage of female law firm partners remains at relatively low levels. Equity partnership in a law firm remains the last bastion of male dominance, shutting the door on sharing the wealth within the profession. As stated by Reichman and Sterling, compensation disparity is clearly the foundation of gender disparity. However, the increase in female attorneys during the post-feminist era has also brought about a critical mass of women who do not want to participate in the years of long hours and high billable hours that many firms require on the partnership track. In an attempt to keep institutional knowledge, many law firms have designed retention programs for young female lawyers that include part-time work that allows time for raising small children, and non-equity partnership tracks that do not require the arduous hours required for an equity partnership. But does this solve the problem of low levels of female partnerships? This article looks at historical basis and current trends of law firm partnerships, the use of two-tier partnership structures, and gives suggestions on how to increase levels of female partnerships.