Feminism

* Being 15 minutes early to crucial meetings is not all that it’s cracked up to be. [The Ying-a-Ling]

* Law school fiction: possible comic gold, possible Shakespearean tragedy. Check out excerpts from Cameron Stracher’s work in progress. [The Socratic Method]

* The key for women getting ahead in 2012: working for companies that don’t discriminate against women. I mean, it’s underwhelming advice, but voting with their feet is a big thing women can do to improve gender equality in the legal marketplace. [The Glass Hammer]

* It’s a point worth emphasizing: working a full-time job while in law school and doing well at said law school are basically incompatible goals. At least in this day and age. Maybe law school was easier for the Boomers because there was less competition (from, I don’t know, women and minorities). [Constitutional Daily]

* Note that this decision in support of federalism, the subject of a new article by Professor Ilya Somin, came from a unanimous Supreme Court. It’d be nice if Republicans could remember that this election season, instead of calling every progressive a devotee of centralized authority. [The Volokh Conspiracy]

* Is anybody still using Google Plus? Any lawyers? Bueller? Frye? [Legal Blog Watch]

As you may have guessed from reading many of my posts, I am the self-appointed spokeswoman for women in small law firms. I recently read a post on the Careerist about women lawyers and ambition. Vivia Chen cites some sobering statistics from a survey done by More magazine: 43% of women (out of 500 35-60 year-olds surveyed) are less ambitious now than ten years ago; 73% would not apply for their bosses’ jobs (38% of them do not want to because they do not want to deal with the politics, pressure and responsibility); and 92% of women rate job flexibility as their number one career priority.

From this survey, Chen concludes as follows: “If you’re a female lawyer (or aspiring to be), you might be wasting your energy on the wrong endeavor. In fact, if you’re gunning for any high-paying, high-profile job in a male-dominated field, you might as well put the brakes on right now. Not only are your odds of success remote, but you won’t be happy.”

So now what do I say to my small-firm sisters? You are all lazy bums?

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Being a woman is a tough job, especially when you’re working in a Biglaw atmosphere. Among the long list of things that Biglaw women have to worry about — making partner v. making dinner, picking up documents v. picking up the kids, cleaning up the house v. cleaning up a brief — being cordial to coworkers sometimes tends to fall by the wayside.

So ladies, have you been wondering why your legal secretary avoids eye contact with you at all costs? Or in the alternative, have you been wondering why your legal secretary is giving you a look of death? Here, let me give you a clue: it’s because your legal secretary secretly hates you.

A new study has revealed, however, that maybe it’s not such a secret after all….

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If you ask a small-firm attorney what is the advantage of a small firm over Biglaw, most will tell you that smaller size makes firms more nimble and better able to adapt to client needs and market changes. It stands to reason, then, that small firms could revolutionize the law firm model. But what changes should small firms make? And how much wood would a woodchuck chuck if a woodchuck could chuck wood?

To answer these questions, I spoke to Mae O’Malley, founder of Paragon Legal, and a visionary when it comes to offering legal services. Paragon Legal is one of the fastest growing alternative legal models. Their model is to offer highly-qualified attorneys (with a minimum of 8 years of experience) to Fortune 500 companies, akin to a contract-attorney arrangement.

This model allows the client to obtain top-notch legal help for a fraction of the cost of Biglaw. The arrangement is also appealing to high-caliber lawyers, particularly women, who look to balance their professional growth with their family obligations. In light of the model’s success, it’s not surprising that Fortune recently featured O’Malley as an individual “fixing a broken legal industry.”

What advice does Mae O’Malley have for reforming legal workplaces?

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At the Creating Pathways to Diversity Conference, sponsored by the Minority Corporate Counsel Association (MCCA), there was a great lunchtime discussion called “Her Stories: The Evolving Role of Women in Business and Law.” It featured a panel of heavy hitters: two women currently serving as general counsel to Fortune 500 companies, and a third who previously served as GC to no fewer than four Fortune 500 companies over her career.

What does their rise say about the changing role of women in the corporate legal world? How did they get to their lofty perches? And what advice would they offer to lawyers aspiring to such successful careers?

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If learning to do this was mandatory in 3L year, law schools would be doing you a favor.

The stripper with the heart of gold who shakes what her momma gave her to make it through school would be a Disney movie if it didn’t require so much T&A. We know that “I’m doing it to pay for school” is the go-to line whenever you meet a stripper in a situation where she’s expected to keep her clothes on. Most of the women who claim that they need to strip to pay for school haven’t actually read anything since their last visit to the clinic. But for a fair number of strippers, tuition or debt repayment is a chief motivator.

Most women who go to law school think that their advanced education will buy them out of taking their clothes off for money (unless, you know, it’s partner money). But as a practical reality, stripper skills are very useful. It’s a job that can be done while in school or immediately after that pays a lot of money for relatively brainless work. It’s no more exploitative than working a law firm job. And in this economy, that law firm job is probably only available to the few women who are too ugly to strip or are willing to put out.

Hell, as we’ve previously reported, some strip clubs are even proactively screening for advanced degrees.

For today’s tale of a lawyer cum stripper, we have a young lady who has ended up stripping to pay her bills and law school debts. It’s not a sob story, though; she says that in one sense the job is less hostile than any law office she’s worked in…

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From the Bar to the Pole

When I was a child, my mom’s friend visited the house and brought her newborn baby with her. Without warning, the woman whipped out her boob and began feeding the newborn in front of me and all of God’s creation. I stared for an uncomfortably long ten seconds at the parasitic orgy, then quickly scampered behind the curtains located less than five feet from the feeding frenzy. As I stood behind the curtains, my face beet red with embarrassment, my mother and her friend tried to coax me out, assuring me that everything would be okay. After an unusually long time behind those curtains, I stomped past the horror and made a beeline to the kitchen. I had to conquer my fear. I was also determined to salvage what was left of my 14th birthday party.

Segue.

And so it was that a lady filed a complaint with the Equal Employment Opportunity Commission, claiming that she was fired from her job as a teacher because she had to leave the classroom to suck milk out of her boob.

Moooooo-re after the jump!

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Juliette Youngblood and Morgan Chu

Last month, Juliette Youngblood, an ex-partner at the elite California law firm of Irell & Manella, filed suit against her former firm. In her lawsuit for sex discrimination and wrongful termination, Youngblood advanced a whole host of salacious allegations — including a report of sexual harassment by Morgan Chu, arguably the nation’s #1 intellectual-property litigator.

Irell did not respond to the lawsuit at the time. Now it has, in a blistering 22-page filing that calls Youngblood’s claims “meritless” and “utterly false, complete fabrications manufactured out of whole cloth.”

What does the firm have to say about the specific claims made by Youngblood — such as the allegation that a drunken Morgan Chu made inappropriate and offensive comments to her at a firm happy hour, including remarks about her physical appearance and about “objects entering [Youngblood's] body”?

And what do ATL sources, including readers familiar with both Youngblood and Irell, think of the situation?

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Firm denies claims and moves for arbitration.

The statistics about women equity partners are bad. There is no shortage of “experts” opining on how to improve the statistics. The solutions often involve a cardigan (apparently the successful woman’s secret weapon), full-time nannies (the successful woman’s not-so-secret weapon), and a miracle.

There are some who offer more specific solutions. I personally love Skadden’s idea of hiring a “den mother” to mentor and guide their young female associates. Indeed, Sheli Rosenberg is correct when she channeled Madeleine Albright’s famous saying that “[t]here’s a place in hell for women who don’t support other women.”

I have had many conversations with small-firm attorneys about whether or not small firms may offer the solution to the gender gap among partners. Unfortunately, there is little to no research regarding the statistics of female partners in small law firms, so the discussions are based on personal experience as opposed to objective facts. Given the sources of the data, the results are, not surprisingly, mixed. Some say that small firms are better for women because the women have direct access to the decision-makers and clients, and there is less politics when it comes to promotion decisions in small firms. Some say that small firms are worse because the firms, unlike Biglaw, often do not disclose demographic information and so feel insulated — and because firm managers, who tend to be male, promotes their own….

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Ebony and ivory, billing together in perfect harmony.

We’ve talked a lot in these pages about the value of diversity. It’s important to clients, it’s important to law firms, and it’s important to the legal profession as a whole.

Given the significance of diversity, it’s not surprising that several organizations and news outlets focus on it, especially with respect to large law firms. In the past few weeks, we’ve discussed diversity data from Building A Better Legal Profession and from the American Lawyer, for example.

Today brings news of more diversity rankings, this time from the ranking gurus over at Vault. They’ve compiled a list of 25 best law firms for diversity.

Which firms made the cut? Is your firm on the list?

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Morgan Chu

Legendary litigator Morgan Chu, former managing partner and current litigation chair at Irell & Manella, is one of the nation’s top intellectual-property attorneys and trial lawyers. He has tried multiple IP cases to nine-figure jury verdicts, and he has earned every professional accolade under the sun (see his Irell website bio). He is arguably the nation’s #1 IP litigator. (If you disagree, make your case for someone else in the comments.)

And now Morgan Chu is the subject of sexual-harassment allegations. In a lawsuit filed in California Superior Court on Friday, former Irell partner Juliette Youngblood alleges that Chu sexually harassed her, then retaliated against her after she rejected his advances.

Morgan Chu is widely admired — at Irell, where his rainmaking monsoon-making helps generate robust partner profits (over $2.9 million in PPP in 2010), as well as above-market associate bonuses; in IP litigation circles, where he is a fearsome adversary; and among Asian-American lawyers, where he stands as proof that we can excel at litigation as well as transactional work.

It’s hard to believe that such a beloved figure has been hit with such salacious allegations (which we must emphasize are mere allegations at this point, nothing more). But let’s forge ahead and check them out — along with the pertly pretty plaintiff who is making them….

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Former partner alleges sexual harassment by Morgan Chu.

Which GC took home the most cash in 2010? For the first time, the winner was a woman.

Corporate Counsel just released its annual list of the highest-paid general counsel in the land. On the whole, the news is good: “If last year’s GC Compensation Survey showed the aftereffects… of the deepest trough of the recession, this year’s results show that chief legal officers made steady gains and recovered some momentum.”

This year there was at least one surprise: a winning woman. For the first time since the inception of the survey in 1994, the highest-paid general counsel on the list was a female attorney.

Who topped the list, and how much did she make? Let’s take a look….

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Non-Sequiturs: 05.27.11

* And finally, a law student sues a law school for its allegedly misleading post-graduate employment information. [Law School Transparency]

* A “leading business lawyer in Germany,” reportedly a partner at Linklaters, allegedly attempts to evade paying taxes on his new lederhosen. Now is the time on Spockets when we dance. [Roll on Friday]

* Score one for anonymous emails! [Law & Technology]

Paul Simon

* DSK gears up to blame the victim. [WSJ Law Blog]

* Female lawyers arguing over women having children and taking maternity leave. I think I’m going to read this post, go with my boys to see The Hangover 2, and then hit up Rick’s. [Vault]

* First-time Tennessee bar exam takers who graduated from the University of Memphis Law School passed the bar. All of them. As Successful Troll might say, congratulations to all of the soon-to-be-employed Memphis Law grads! [The Commercial Appeal]

* A patent attorney from Drinker Biddle helps Paul Simon out with a song. [Reliable Source / Washington Post]

* Deporting immigrant same-sex partners is just cruel. [In The Arena / CNN]

Ed. note: This is the latest installment of Size Matters, one of Above the Law’s new columns for small-firm lawyers.

After talking to so many happy small-firm lawyers, I have begun looking for my own niche to scratch. It came to me while driving in the suburbs a few weeks ago. There was a radio ad for an awesome night club (“18 to party and 21 to drink”) promoting ladies’ night and a wet t-shirt contest for the ladies until midnight.

As I got off the highway to head to the club, I realized that I had found my niche: ladies’ night is just for the ladies. What about man night? Where is the justice in the world? I should fight for all the men who are discriminated against by paying a cover charge on ladies’ night (well, except for those men who ultimately get preferential treatment from said ladies who enjoyed their free drinks).

Unfortunately for me, Roy Den Hollander took up this worthy cause before my fateful drive to the Boom Boom Room on Highway 12. Let’s learn more about him….

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* Who are the top plaintiffs firms in securities class-action litigation, ranked by 2010 total settlement value? [RiskMetrics / SCAS via WSJ Law Blog]

* Protip: if you go to a meeting at Deutsche Bank’s New York offices, avoid the men’s room. [Dealbreaker]

* This lawyer has an assistant with an unusual name. [Abuse of Discretion]

* We were impressed by the University of Chicago Law School’s new loan repayment assistance program (LRAP) — and we’re not alone. [The Belly of the Beast]

* Dov Charney’s latest accuser, Kimbra Lo, has an interesting past. Yes, there are pics. [Fashionista]

* You know the whole “anti-bullying” trend has gone too far when plaintiffs’ firms are setting up practice areas for it. [Constitutional Daily]

* Career alternatives for attorneys: meet Akila McConnell, traveler and writer. [Thrillable Hours / Legal Nomads]

* Is the “mommy track” a form of gender bias? [Lawyerist]

* Are prosecutors working on commission in one Colorado district? [ABA Journal]

There’s been so much talk of Biglaw women and baby making floating around the blogosphere this week that I think there must have been a “repopulate the species” action memo in US Weekly. Existentially, I blame the season. It’s January, and childless professional women just went through another holiday season getting bombarded with images of children on television (to say nothing of little nieces or nephews that might have been swarming like locusts when they visited family). They return back to their regularly scheduled lives, many of them with raises or bonuses for the new year, and now they’re looking around at their barren apartments and thinking, “What am I missing?”

You’ll see the same thing happen to men… after the Superbowl. They’ll watch the game and have fond memories of their dad or uncle or somebody teaching them fun things they can do with balls. Then post-Superbowl depression will set in, and you’ll see men sleepwalking through “honey-do” errands with vacant, suicidal looks on their faces. They’ll look around at fathers who don’t even seem to care which NCAA teams are on the bubble, and they’ll think, “What am I missing?”

But this week it’s women who are having replication pangs. Clear as I can tell, Vivia Chen on The Careerist started the ball rolling in the legal blogosphere by repackaging a Slate XX Factor article (by Dahlia Lithwick) that featured one woman telling other women that they were hobbling their careers by planning for a family before they had one.

And since women generally can’t stand to even be in the same room with each other, it wasn’t too long before everybody was rolling out their best women-dogging-other-women content….

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Ed. note: This post is by Will Meyerhofer, a former Sullivan & Cromwell attorney turned psychotherapist. He holds degrees from Harvard, NYU Law, and The Hunter College School of Social Work, and he blogs at The People’s Therapist. His new book, Life is a Brief Opportunity for Joy, is available on Amazon.

I did a podcast a while back with the ABA Journal. The topic was “work/life balance.” You can listen to it here.

It was a weird experience – like living on another planet.

I was the sole male. The other panelists and the moderator were women. That’s fine, but somehow, faced with the topic of “work/life balance,” everyone turned into Gloria Steinem circa 1971.

Don’t get me wrong. I’m a shrill, strident feminist committed to full equality for women, and I have no beef with Gloria Steinem.

But how is work/life balance in the legal world strictly a gender issue? Women are admitted to law schools, and graduate from them, like men. They go to the same law firms, make the same money and take the same abuse…

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[M]ale lawyers do not want to travel with, have lunch with, or mentor women lawyers because they fear someone will mistake their intentions and accuse them of sexual harassment.

— law firm consultant Cynthia Calvert, in a blog post entitled Male Partners: Help Your Firm by Connecting with Women Lawyers.

Ed. note: The following piece was authored by The Legal Tease, of Sweet Hot Justice fame. Check out her other musings from Sweet Hot Justice here.

Let’s say you just woke up. After working at the firm until midnight last night, you’re already underslept and overtired and now you have to haul your ass out of bed and get ready for another day at the firm. You either:

(A) Get up; brush your teeth; spend 10-15 minutes prepping your face, hair and bod; get dressed in the dry-clean-only version of the same basic outfit and shoes that you would wear if you were going to the park for a weekend stroll; and leave for work.

or

(B) Get up; brush your teeth; spend 45-75 minutes prepping your face, hair and bod; get dressed in the diametrical opposite of the outfit and shoes that you would wear if you were going to the park for a weekend stroll; and leave for work.

In other words, you’re either (A) a man or (B) already screwed before you get out the door. Because if you have two X chromosomes and work at a law firm, you’re always going to be inherently less productive than your XY counterparts by sheer virtue of the fact that you have to get ready for work every morning. Even if you couldn’t care less about your appearance.

Unconvinced? Let’s take a look at how the actual numbers shake out….

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The fantastically successful firm of Goldman Sachs isn’t just “a great vampire squid wrapped around the face of humanity.” It also discriminates against women, according to the allegations in a lawsuit filed earlier today.

Three female ex-employees of Goldman Sachs accuse the venerable bank of maintaining an “outdated corporate culture” that discriminates against women in terms of pay and promotions. The Goldman Girls — not to be confused with Betty White et al. — seek class-action certification for a class consisting of all female managing directors, vice presidents and associates in the last six years.

The lawsuit alleges that women are underrepresented in GS management, making up just 14 percent of partners, 17 percent of managing directors, and 29 percent of vice presidents. Given what it means to be a partner at Goldman — the New York Times recently described it as “the equivalent of winning the lottery,” in an interesting article about some GS partners being stripped of partnership (law firms aren’t the only ones who can play that game) — the stakes are high.

That’s the straightforward stuff. Other claims in the lawsuit, as noted by Nathan Koppel of the Wall Street Journal, are “a bit more salacious”….

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