Biglaw

These Biglaw Partners Are Super Pissed Someone Filed A Class Action Lawsuit On Their Behalf

These partners may have a point, but some of their language is dangerous.

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campbellkerrie_web2Remember Kerrie Campbell? The former Chadbourne & Parke partner made headlines last month for filing a $100 million class action against the Biglaw firm alleging the all-male management committee chronically underpaid female partners. Now some of the purported class members, other women in the ranks of Chadbourne partnership, have spoken out about the lawsuit — let’s just say they disagree.

In a letter to Campbell’s attorney, David Stanford, 14 women partners have made it clear they do not believe they’ve been discriminated against:

It is somewhat ironic that your firm advertises on its website that it “level[s] the playing field so that your voice is heard,” when you have only listened to the voice of one current female partner – your client – in filing the complaint. By attributing Ms. Campbell’s allegations to a proposed class, you have represented to the outside world that you consider us a part of that class. Your firm filed a class action on behalf of 26 women – each of whom you must have identified prior to filing the purported class action given the precise count of 26, and yet your firm made no effort to speak to any of us before filing the lawsuit. You did not make our voices heard, as you claim, but rather have attempted to silence us for your own purposes.

Fair enough, if these women who’ve worked at the firm disagree with the allegations in the complaint and do not wish to be part of the class action, so be it. And I was going to leave it at that, “hey there seems to be some difference of opinion, maybe discovery will shine some light on the allegations.” But then they wrote this line:

The complaint you crafted makes a group of very accomplished, assertive and intelligent professional women look like they are victims unable to hold their own with their male colleagues.

All right, hold on there. The notion that some women are too smart or strong to be discriminated against is a pretty dangerous one. It subtly — or not-so-subtly — shifts the blame onto women for not being “good” enough to rise above or for “letting” herself be discriminated against. The ability to “hold [your] own” with male colleagues doesn’t insulate someone from discrimination. Would that it were true.

I’m glad these women don’t feel like they’ve been discriminated against, and I wish more women at law firms felt the same way. If these partners don’t think the lawsuit speaks for them, and they want to let that be known, that’s great. However, let’s not suggest gender discrimination can be avoided if only you’re a good enough lawyer.

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Maybe there were discriminatory practices at play here, and maybe not. The litigation is in far too early a posture to have a definitive opinion. But attitudes that suggest that smart, successful women cannot be victimized by oppression don’t help anyone.

(Read the full letter on the next page.)

Female Partners at Chadbourne Respond to Discrimination Suit[WSJ Law Blog]

Earlier: Biglaw Firm Hit With $100 Million Class Action Gender Discrimination Lawsuit

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Kathryn Rubino is an editor at Above the Law. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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