Motherhood and the Legal Profession: A Closer Look at Bias

ArbitrationNovember 5, 2023

Picture this: A courtroom where two attorneys stand on opposing sides, each armed with an arsenal of legal knowledge, experience, and strategy.

On one side, a female attorney, who is also a mother, has juggled court dates with parent-teacher conferences and late-night brief writing with early morning school drop-offs. On the other side, her peer does not wear the title of ‘parent.’ By all rights, they should be judged by their prowess in law. Yet, shockingly, for many attorney-mothers, an invisible scale of bias often tips against them.

The Ubiquitous “Mommy Track”

The term “mommy track” was coined years ago to describe a career path where women, once they become mothers, are shifted – either voluntarily or involuntarily – toward roles with fewer responsibilities and, consequently, fewer opportunities for advancement.

August / Pexels / A new study reveals that mom attorneys “still” face disproportionate burdens in the legal field.

In the legal world, this might mean passing up a mother for a high-profile case because of the assumption that she might be “too busy with the kids.”

Disparaging Comments: From Courtrooms to Coffee Breaks

One would think that courtrooms, hubs of justice, would be immune to casual sexism.

Comments like, “Is she going to be as committed to the case as she is to her children?” Or, “Can she handle the pressure along with her maternal duties?” are not uncommon. This not only undermines their professional credibility but also puts undue pressure on them to constantly prove their worth.

The Business Development Hurdle

In a profession where networking is key, attorney-mothers often find themselves sidelined from crucial business development opportunities. While their colleagues might be schmoozing with potential clients over late dinners, these mothers might be rushing home for bedtime stories.

And it is not always a matter of choice. They are often not even considered for these opportunities because of the preconceived notion that they would not be available.

Sora / Pexels / It turns out that attorney-mothers often face snide remarks about their dedication or capability.

The Compensation Gap: More Than Just a Gender Issue

It is well known that a gender pay gap exists across industries. But when you dissect it further, attorney-mothers seem to bear a disproportionate brunt. Many face what is called the “motherhood penalty,” where, despite equal qualifications and experience, they are offered lower compensation compared to their peers.

However, this is not just about numbers on a paycheck. It is a reflection of how society undervalues the dual role these women play.

Climbing the Ladder With Additional Weights

With all these challenges, it is no surprise that many attorney-mothers find the climb up the corporate ladder more arduous. Opportunities for partnership or senior roles might be fewer, not because of a lack of competence. But because of biases deeply entrenched in the system.

August / Pexels / Studies show that there is a clear compensation gap between male and female attorneys in the legal field.

The Way Forward

Highlighting the problem is only the first step. The legal community needs to actively combat these biases. Flexible working hours, equal opportunities for business development, and unbiased compensation structures are just starting points.

Moreover, it is crucial to shatter the age-old myth that motherhood is somehow a detriment to professional dedication or capability. As society evolves, so should our understanding of roles and responsibilities. After all, the courtroom is a place for justice. And it is high time that extends to attorney-mothers as well.

If the law stands as a beacon of fairness and equity, then the legal profession must introspect and align its practices with these principles. Attorney-mothers, like all other professionals, deserve to be seen for their skills and contributions, not the titles they hold outside the courtroom.