omen
are expected to be the majority of students entering law school
this fall, a development that is already leading to changes in
the way law is practiced. And the movement is ultimately
expected to help propel more women into leadership positions in
politics and business.
Women, who made up about 10 percent of first-year law
students in 1970, accounted for 49.4 percent of the 43,518
students who began law school last fall, according to data to be
released soon by the American Bar Association, and that rate of
growth is expected to continue. As of March 9, more women than
men had applied for admission to law schools this fall.
That trend will affect the way schools operate — perhaps
making classes more teamlike and less adversarial, for instance
— and change somewhat the way law firms operate, lawyers and
professors said. But even more significant, as the number of
women with law degrees grows, they may be more likely to pursue
careers in business and politics where legal training has often
been a springboard to positions of power.
"Women may go to medical school, and that's good for a
variety of reasons," said Carol Gilligan, a Harvard
University psychologist who teaches at New York University Law
School. "But that doesn't affect the structure of our
society."
Several factors are driving the increase, which is seen at
very selective schools like Yale as well as at public
institutions like the law school at the City University of New
York. While certainly seeking the security, income and prestige
that have long drawn men to the law, women are also reacting to
the decline of real and perceived barriers in the profession. It
used to be that many judges would not hire women as law clerks,
for example, and major law firms would not recruit them.
Some important obstacles still remain. Despite the increasing
number of women graduating from law school and passing bar
exams, the proportion of judges and partners at major law firms
who are women has not kept pace. In New York, for example, where
women represent more than 41 percent of the associates at law
firms, fewer than 14 percent of the partners are women,
according to the National Association of Law Placement.
Women have made serious inroads in other professional schools
— notably medicine, where they accounted for about 46 percent
of the students who started last fall. They also dominate
schools of education and veterinary medicine. And women have
moved in larger numbers into business schools, where, according
to the International Association for Management Education, they
accounted for 38 percent of M.B.A.'s awarded in 1998, the most
recent data available.
But far more people attend law schools, and given their low
starting point, women have made significantly greater advances
there — women were just 4 percent of first-year law students
40 years ago.
There has been "a slow changing of assumptions about
what women should consider doing," said Jean K. Webb,
director of admissions at Yale Law School, where women accounted
for a majority of the entering class for the first time last
fall. Women were 46 percent of the entering class at Harvard Law
School last fall, 44 percent at Stanford Law School, 51 percent
at Columbia Law School and 50 percent at New York University
School of Law.
Cynara Hermes, 22, who grew up in Uniondale, N.Y., and is now
a first- year student at New York Law School, has wanted to be a
lawyer since she was 7, she said, a result of watching
"Matlock" on TV. Her interest was confirmed after a
prosecutor in Mineola, N.Y., took her to see some criminal
proceedings when she was in the 11th grade, as part of a program
run by a local women's bar association, she said.
"I was fascinated," Ms. Hermes said. "When
you're in a working- class neighborhood, you really don't get to
see a lot of people" who are lawyers, she said. "It
helped. I told her that I wanted to be a lawyer."
As with men, the attraction of law school for many young
women is not so much the law itself as the opportunities a
degree may open up. "It gives you so many options about
different kinds of work you can do," said Mallory Ciar
Curran, a second- year law student at N.Y.U.
A law degree can make it easier to get a job as a government
policy analyst, enter politics or move up in business, as well
as represent individual clients, she said.
While some schools still go out of their way to recruit
women, many law schools no longer do. Yale did once, in 1996,
but since then "the numbers have risen, and they seem to
have risen without particular efforts on our part," Ms.
Webb said.
More women in law school classes may lead professors to
re-evaluate how they teach, to encourage more participation.
Changing the adversarial environment fostered by some classes
may better prepare all students for the real-world practice of
law, according to Lani Guinier, a professor at Harvard Law
School, because today most lawyers do not go to court and they
work closely with other lawyers instead of practicing alone.
Law firms have already made some adjustments to the
increasing numbers of women associates, who are quicker than men
to raise concerns about balancing work and family, partners at
several firms say. For example, when Judith Thoyer became the
first woman to be a partner at Paul, Weiss, Rifkind, Wharton
& Garrison, a large New York firm, in 1974, the firm had no
flex-time or part-time schedules. Now, she said, it has adopted
both.
But some experts worry that the greater number of women in
the law may lead to a loss of prestige for the profession, if it
becomes a "pink- collar ghetto."
Deborah Rhode, who teaches at Stanford Law School, said women
receptionists at law firms are in such a ghetto.
"Receptionists at law firms used to be men," and were
accorded more respect, she said.
Lawyers are divided about when women may come closer to
parity in the judiciary, on law school faculties, or in law firm
partnerships. Of 655 federal district court judges, only 136 are
women, according to the Alliance for Justice, a Washington-based
organization for nonprofit advocacy groups. Women are about the
same share — 20 percent — of full law school professors,
Professor Rhode said.
One result is that many women lawyers now serve as in-house
counsels at companies. About 37 percent of the lawyers belonging
to the American Corporate Counsel Association in 1998 were
women. Others leave to work for the government or for
public-interest groups, but statistics are hard to come by.
One reason more women are not judges, partners or professors
is a "residual amount of prejudice," said Cynthia
Fuchs Epstein, a professor of sociology at the Graduate Center
of the City University of New York. Another is the decision by
some women "not to go for broke," she said, because
they bear a greater share of family obligations.
Women may also face additional pressures in some of their law
school classes, Professor Guinier said. Even women who consider
themselves very assertive often participate less than men in
their law school courses, according to research she conducted.
"Many men and women experience law school as intimidating,
perhaps because of its emphasis on individual performance in a
large, intensely competitive classroom environment,"
Professor Guinier said. "This disproportionately may affect
women who feel more pressure to perform well for many reasons,
including the fact that when they speak, they feel as though
they are speaking on behalf of women who are not present."
This does not mean that women are not zealous advocates in
adversarial settings when they practice law, she added.
Professor Rhode said that the increasing number of women in law
school "is too often taken as a sign that the `women
problem' has been solved," she said, adding that "the
central problem is the perception that there is no
problem."
But she remains an optimist. "Women are simply too large
a share of the talent pool for their concerns not to be
addressed," she said. "The demographics are with
us."