Legal Careers of Parents and Child Caregivers: Results and Best Practices from a National Study of the Legal Profession<\/a>. The underlying study is based on a national survey of 8,168 legal professionals and a series of focus groups. It\u2019s a lot more than \u201cjust another report\u201d because it provides a detailed picture of what actually happens to lawyers\u2019 careers when they become parents, looking at mothers, single mothers, and fathers. And some of the findings are worse than I thought, especially for single mothers. But fortunately, the report also provides remedies and a toolkit to help firms and other organizations follow through on the findings.<\/p>\nYes, the report explains, once again, how difficult it is to be a mother and a lawyer. It talks about the motherhood penalty for lawyers. It shows why women may be afraid to take time away from work to have children because they worry it will hurt their careers. And, unfortunately, the data suggest that their fears are not unfounded.<\/p>\n
Perhaps more interestingly, though, the report shows that while fathers can experience a parenthood penalty, too, it is often much less severe for them. In some cases, parenthood may actually give fathers an advantage. In other words, the legal profession may have a \u201cdaddy track,\u201d but it is very different than the well-known \u201cmommy track.\u201d<\/p>\n
We Already Knew About the Motherhood Penalty for Lawyers<\/h2>\n
Let\u2019s start with what isn\u2019t exactly news. <\/p>\n
Women with children face competing expectations. They are expected to be good mothers who put their children and families first while also being ideal lawyers who show complete commitment to their careers. The report describes the criticism and stereotypes mothers face regarding their competence and commitment to their legal careers.<\/p>\n
And the data back up what many women lawyers already know: <\/p>\n
Mothers are more likely than fathers to report negative experiences at work. They are more likely to experience tension between parenting and their legal careers. They are overwhelmingly the ones doing the double duty of childcare and household responsibilities. They also report higher levels of stress and burnout.<\/strong><\/p>\nAnd that double duty isn\u2019t just picking the kids up from school. Rather, it includes arranging childcare, leaving work when a child is sick, taking care of children during the evening, helping with homework, arranging medical appointments, attending extracurricular activities, cooking meals, and handling the other responsibilities that keep a household running.<\/p>\n
Meanwhile, the lawyer who is also a mother is still supposed to be available. All. The. Time. Because one of the things legal leadership has decided makes us \u201cgood\u201d lawyers is being available 24\/7 and demonstrating that the law comes before everything else. Total commitment. That is an impossible standard for anyone to meet \u2014 even when you don\u2019t have kids. Asking a parent to do it is \u2014 in my opinion \u2014 insane.<\/p>\n
But here\u2019s the part of the report that really got my attention.<\/h3>\n
The report makes clear that fathers can experience negative consequences when they become parents, too. We know that parenthood can affect men\u2019s careers, and nobody should pretend otherwise. But in some circumstances, fathers who take on childcare responsibilities are actually rewarded<\/em> at work for being good parents. That\u2019s right: rewarded.<\/p>\nThink about that for a minute. Mom does the childcare and it is evidence that she\u2019s less committed to her career. Dad does the childcare and he gets a pat on the back for being a great father.<\/p>\n
Mom has to leave work because her child is sick, and people wonder whether she is really committed to her job. Dad has to leave work because his child is sick, and everyone notices what a devoted dad he is.<\/p>\n
Mom has been doing the childcare and household work for years. Dad steps in occasionally and apparently deserves a gold star.<\/p>\n
The report describes this difference in treatment, and I couldn\u2019t help thinking that we have spent years talking about the \u201cmommy track\u201d while overlooking the possibility of a \u201cdaddy track.\u201d <\/p>\n
This is the essence of the motherhood penalty for lawyers:<\/strong> The mommy track says, \u201cShe\u2019s a mother, so maybe she isn\u2019t as committed to her career.\u201d The daddy track can say, \u201cHe\u2019s a father, and look at him being such a great dad.\u201d Same child. Same childcare responsibility. Very different interpretations. That is not a parenting problem. It\u2019s a bias problem.<\/strong><\/p>\nThe Problem Is Bigger Than Childcare<\/h2>\n
It would be easy to read these findings and conclude that the answer is simply to make childcare easier. Of course, affordable and accessible childcare does help. So does paid parental leave, family leave, flexible schedules and remote work. But the report shows that the problem goes deeper than that.<\/p>\n
Legal careers are often structured around the assumption that the lawyer has few competing demands on their time. Long hours, billable-hour requirements, expectations of constant availability, informal assumptions about commitment, and the fear of career consequences when someone steps away all contribute to the problem.<\/p>\n
And here\u2019s where I think we sometimes get the solution backward. We tell parents, especially women, to get better at managing it.<\/p>\n
\n- Set boundaries.<\/strong><\/li>\n
- Learn to delegate.<\/strong><\/li>\n
- Find good childcare.<\/strong><\/li>\n
- Get a mentor.<\/strong><\/li>\n
- Negotiate for flexibility.<\/strong><\/li>\n
- Be more resilient.<\/strong><\/li>\n<\/ul>\n
All those things may be useful. But none of them change a workplace<\/em> that equates commitment with being available all the time. We cannot solve a structural problem by making the person experiencing it better at coping with the faulty structure.<\/strong><\/p>\nSo, What Would Actually Help? Listen Up, Law Firm Leaders<\/h2>\n
The ABA report offers a long list of recommendations for legal employers. There are 13 in all, ranging from family-friendly policies and flexible work to compensation and billable-hour changes, on-ramp programs, career development and tracking metrics. A few stand out to me.<\/p>\n
First, flexibility has to be a real benefit.<\/h3>\n
It isn\u2019t enough to have a policy that says lawyers can work remotely or part-time if the people who use it are then viewed as less committed. The report specifically warns that lawyers who take advantage of flexible work arrangements should not be disadvantaged through less desirable assignments, compensation, advancement, or mentorship opportunities. Otherwise, it\u2019s not really a benefit. It\u2019s a career gamble.<\/p>\n
Second, parental leave has to be something people can actually take.<\/h3>\n
The report recommends paid family leave and emphasizes that both mothers and fathers should be able to take it without fear of negative consequences for evaluations, compensation, bonuses, or promotions. This is especially important if we want to eliminate the double standard mothers face. If fathers routinely take parental leave and handle childcare, caregiving becomes a normal part of being a lawyer rather than something associated primarily with women.<\/p>\n
Third, employers need to measure what happens after a lawyer becomes a parent.<\/h3>\n
Don\u2019t just ask whether you have a parental leave policy. Look at what happens to the people who use it.<\/p>\n
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