Ten-year Gender Survey: an Overview of the Last Twenty Years
| Jurisdiction | New Hampshire,United States |
| Citation | Vol. 51 No. 1 Pg. 0008 |
| Pages | 0008 |
| Publication year | 2010 |
2010 Summer, Pg. 8. Ten-Year Gender Survey: An Overview of the Last Twenty Years
Volume 51, No. 1
Summer 2010
CHAPTER 1: INTRODUCTION
It has been over twenty years since the Task Force on Women in the Bar brought gender issues to the forefront of the New Hampshire Bar Association through it gender bias survey. The 1987 survey determined the extent of gender bias and its patterns. As a result of that study, the Task Force took measures to educate the Bar and make recommendations for the elimination of gender biases between and among attorneys, judges and masters and court personnel. In 1997, the Gender Equality Committee conducted a gender bias study to further the work of the Task Force by tracking and marking our progress over ten years. The results of that survey were reported in the article "Ten-Year Gender Survey" written by Attorneys Catherine Shenelaris and Henrietta Walsh Luneau, which was published in the March 1998 Bar Journal. In 2009, the Gender Equality Committee conducted another gender bias study to further evaluate our progress over the last twenty years.(fn1)This article provides an update to the data reported in the "Ten-Year Gender Survey" published ten years ago.
Methodology
The Gender Equality Committee has used the same questionnaires in the surveys conducted in 1987, 1997 and 2009, with the addition of a few questions that have become more relevant. The original 1987 questionnaire was based on a manual prepared by the Foundation for Women Judges (Lynn Hecht Schafran, Esq. and Nomra J. Wikler, Ph.D.) entitled "Operating a Task Force on Gender Bias in the Courts" (Washington, D.C. 1986). The information was gathered through a written mail survey that was sent to all 800 active in-state female attorneys and an equal number of active in-state male attorneys (n=1600) of the male attorneys in the New Hampshire Bar Association. The overall return rate was 49.7 percent (n=795) with a 58.1 percent (n=465) return rate from female attorneys and a 41.3 percent (n=330) return rate from male attorneys. Due to the fact that the total sample contained more female than male respondents, the data was then weighted so that more weight was placed on the male responses (weight = .7) than on the female responses (weight = .3).
The 1997 questionnaire was mailed to 800 female and 800 male active, in-state members of the New Hampshire Bar Association who were randomly selected from directory information. A total of 465 (58 percent) female attorneys and 330 (42 percent) male attorneys returned usable questionnaires. An additional 24 people sent back the survey with insufficient information to analyze. Total respondents were 819 or a total 51 percent return rate.
The questionnaire used for the 2009 survey was almost identical to the 1997 survey. The 2009 survey was sent electronically to all members of the Bar (approximately 5,000 members).(fn2) The overall return rate was approximately 35 percent, with a 49.1 percent return rate from female attorneys and a 50.9 percent return rate from male attorneys.
CHAPTER 2: EXECUTIVE SUMMARY
This study is a follow up to the Bar's survey conducted in 1997. The surveys have been designed to highlight the progress made in regards to female attorneys' participation in the profession of law, and to pinpoint areas where more progress may be needed. A total of 5104 bar members were invited to participate in the survey. Based on the number of usable questionnaires returned, the survey represents at the 95 percent confidence level, within a margin of error +/- 2.4 percent.
In the last twenty years, many things have changed, but some remain the same. Approximately 50 percent of law school graduates are female attorneys. However, the percentage of female attorneys in the New Hampshire Bar has only grown slightly. Female attorneys now comprise 35 percent of the New Hampshire Bar, as compared to 35 percent in 2004/2005, 30 percent in 1997, and 19 percent in 1987. The anticipated percentage increase in female attorneys practicing law is not being realized. While the average number of years of experience for both female and male attorneys has risen from ten years ago, female bar members tend to be younger and less experienced than male bar members, which was also true ten years ago.
In terms of areas of concentration, female and male attorneys were most likely to engage in criminal or noncriminal litigation. The percentage of male attorneys who practice in domestic relations has increased over the last ten years. In 2009, female attorneys were over twice as likely to engage in domestic relations law than male attorneys, whereas in 1997, female attorneys were almost four times as likely to practice domestic relations law than male attorneys. Both female and male attorneys are now more likely to work in private practice and less likely to work in governmental positions. In 2009, female attorneys were four times as likely to work part-time: 20 percent of the female attorneys working part-time are between the ages of 31 to 40, whereas approximately 41 percent of the female attorneys are between the ages of 41 to 50.
Some of the significant differences that were present ten years ago are still true today. Among full-time attorneys, 23 percent of female attorneys earn over $ 100,000 as compared to approximately 44 percent of male attorneys. Only 3 percent of female attorneys reported earning over $200,000, as compared to 12 percent of male attorneys. Some differences can be accounted for in the fact that the male bar is older and more experienced, but that does not fully explain the salary gap.
With respect to family life, many aspects have not changed for female attorneys. Over half of the married, full-time female attorneys with spouses who also work full-time still assume more than half of the household duties. For attorneys who have children living at home, female attorneys continue to have most of the responsibility for child care. Both male and female attorneys take more time off from work for child care than they did ten years ago. However, many female attorneys still believe they need to postpone parenthood for their career, or make sacrifices in their career to care for their family. Almost twice as many female attorneys as male attorneys made the decision to postpone parenthood for their career, and almost four times as many female attorneys as male attorneys made the decision to postpone parenthood for partnership. Many female attorneys report that child care responsibilities have affected their choice of job, geographic location and hours worked.
There is a general decrease in the observation of overt gender bias outside the courtroom, but an increase in the observation of certain gender biases within the courtroom by judges and clerks. Female attorneys continue to report that they regularly observe subtle discrimination in their law practices. Female attorneys report condescending treatment, inappropriate comments on their apparel/appearance, and lack of participation in management decisions at their law practices. Although there are many areas where female attorneys have made progress in the last ten years, there are some important areas that appear to remain unchanged or have declined.
CHAPTER 3: DEMOGRAPHICS
Age and Experience
The impact of gender on New Hampshire practice becomes apparent when the percentage of female attorneys who have been admitted to the Bar is examined. While no female respondents were admitted prior to 1970, 96 percent have been admitted since 1980. In contrast, only 76 percent of male attorneys were admitted since 1980 which might reflect the changing demographic make-up of attorneys in New Hampshire (Table 3-1).
YEAR ADMITTED TO THE BAR
table 3-1
|
Female |
Male |
|
|
Before 1960 |
0% |
6% |
|
1960 - 1969 |
0% |
3.4% |
|
1970 - 1979 |
4.0% |
20.1% |
|
1980 - 1989 |
20.8% |
26.3% |
|
1990 - 2000 |
32.2% |
21.2% |
|
2000+ |
43.0% |
28.3% |
|
1990+ |
75.2% |
49.5% |
Approximately 50 percent of female attorneys are under the age of 45, whereas only 27 percent of male attorneys are under the age of 45 (Table 3-2). The median age of female attorneys is 45 and the median age of male attorneys is 50. Ten years ago, almost 75 percent of female attorneys were under the age of 45, whereas 50 percent of the male attorneys were under the age of 45.
AGE Of ATTORNEYS
table 3-2
|
Female |
Male |
|
|
Under 30 |
12.0% |
5.8% |
|
30 - 34 |
7.5% |
4.3% |
|
35 - 39 |
14.5% |
8.9% |
|
40 - 44 |
17.2% |
8.0% |
|
45 - 49 |
17.5% |
14.1% |
|
50 - 54 |
13.8% |
15.8% |
|
55 - 60 |
13.4% |
24.0% |
|
60 - 64 |
3.6% |
11.9% |
|
65+ |
5% |
7.1% |
There continues to be large disparities between male and female attorneys regarding the date of their graduation from law school. A substantial majority of female attorneys graduated after 1980 (95 percent) compared to 70 percent of male attorneys. Conversely, approximately six times as many male attorneys graduated prior to 1980 (30.4 percent vs. 4.6 percent) (Table 3-3).
YEAR GRADUATED FROM LAw SCHOOL
TABLE 3-3
|
Female |
Male |
|
|
Before 1960 |
0% |
1.1% |
|
1960 - 1969 |
0% |
3.2% |
|
1970 - 1979 |
4.6% |
26.1% |
|
1980 - 1989 |
25.9% |
28.8% |
|
1990 - 1999 |
33.8% |
20.7% |
|
1999+ |
35.6% |
20.1% |
Male attorneys still have considerably more...
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