Ellen Schanzle-Haskins was also positive about the status of female trial attorneys. Ms. Schanzle-Haskins has been a practicing trial attorney for 20 years. She began as an Assistant United States Attorney and then acted as prosecutor for the Illinois Attorney General's Office. She then worked in private practice before becoming Director of the Illinois Court of Claims. Ms. Schanzle-Haskins is now the Chief Counsel of the Illinois Emergency Management Agency, Homeland Security, Anti-Terrorism Task Force and the Department of Nuclear Safety. She expressed that the biggest hurdle to overcome as a female trial attorney is building trust. She works almost exclusively with men, and said that some men "don't immediately trust you, which is crucial to effective prosecution." She said you also have to try to gain the confidence and trust of the jury, who, because of your gender, are initially "not sure about you." She said that while these burdens are significant and difficult to overcome, she now firmly believes it can be accomplished. She also noted there has been a dramatic positive change in the attitudes toward female trial attorneys since she graduated law school in 1976.
While the status of female trial attorneys has advanced, there is always room for improvement. The number of women active in organizations, while drastically improved, is still relatively low compared to men. There is also room for change in the courtroom itself. Ms. Kelly stated that the attitudes toward and numbers of women in some state courtrooms is not as consistent as in federal court. Further, honors awarded to female trial attorneys are still low compared to men. The American College of Trial Lawyers is arguably the "premier professional organization" for attorneys in the country. Trial attorneys become fellows only by invitation and after an extensive investigation to determine whether the trial attorney's career has reached the highest standards of accomplishment and professionalism. Out of 286 fellows elected in Illinois, only approximately 11 fellows are female. Warren Lightfoot, President of the American College of Trial Lawyers, recognized the discrepancy and stated that the members of the College "work very hard to increase our female membership." They attempt to do this by placing females on committees to network and offer the names of highly qualified female trial attorneys that may have otherwise been overlooked.
So, while the status of female trial lawyers in Illinois has definitely improved and is always positively changing, there is always more room for advancement. But if these trends continue, the future for female trial attorneys looks optimistic.
Insights into career moves by women lawyers
By E. Lynn Grayson
A recent study reported in Recasting the Brass Ring: Deconstructing and Reconstructing Workplace Opportunities For Women Lawyers (29 Capital University Law Review 923 (2002)) shows women move more often than men, women move earlier in their careers than men and women are more likely than men to make moves characterized as horizontal or even downwards. In analyzing workplace opportunities for women lawyers, the authors, Nancy J. Reichman (Associate Professor of Sociology, University of Denver) and Joyce S. Sterling (Professor of Law, University of Denver), found that women continue to face numerous barriers, particularly in a law firm setting. These concerns arise for women in an environment that undervalues their work, misreads their commitment and thwarts effective mentoring. The authors conclude that women tend to be disadvantaged when it comes to accumulating the professional assets needed for advancement.
When women of childbearing age leave, the universal conclusion is that they do so because they want to devote more time to their family. The concept of choice is more complex in how it is constructed and interpreted, in how it is informed by options at home and in the workplace and how it is influenced by institutional pressures. The central question the authors attempted to analyze was "In short, what do choices really mean in the decision to leave a position in private law practice?"
To conduct the study, the authors evaluated a "snapshot" of Denver law practice for two years involving 100 attorneys--52 women and 48 men. Key findings are:
* Within one year, 15 percent of the attorneys overall had moved--13 percent of the men and 21 percent of the women.
* Within two years, 18.6 percent of men associates moved versus 27.6 percent of women associates.
* 46 percent of women made their first firm move within two years versus 14 percent of men.
In seeking to understand these differences, the authors interviewed the study group about their everyday experiences and understandings of the work environment. The authors contend that a "gendered organization" makes achievement of three professional assets problematic: (1) rewarded work; (2) expressed commitment; and (3) effective mentoring. In the study, the authors make numerous interesting observations including:
* Rather than the glass ceiling, the appropriate metaphor might be "sticky" floor where gendered work practices and compensation systems do not allow women attorneys to progress.
* Even when they are willing to come in at night and work around the clock, women report that firms rely on stereotypes and assume that they will not be available or should not be available.
* Women have more difficulty finding a mentor with whom they can develop rapport and who move beyond the role of teacher to become advocates and career launchers.
* Notwithstanding their increasing presence in the legal profession, women can only rise to the top of the hierarchy when law firms rework the path to partnership.
The authors conclude that women can only rise "to the top of hierarchy" when firms rework the path to partnership. These changes include throwing out traditional definitions of commitment to lawyering, adopting or perhaps re-adopting team work that rewards the team instead of the individual lawyer, allowing greater flexibility in scheduling, and the ability to take leaves from work (for family or other reasons) without running up against a system that permanently disadvantages those who choose, in the words of MIT Professor of Management Lotte Bailyn, to "Break the Mold."
To view another summary of this study and related law review article, visit the American Bar Foundation at <www.abf-sociolegal.org> for the article entitled Opting Out: Women Lawyers, Gendered Law Firms and the Context of Choice, Volume 14, Number 2, Spring 2003 of Researching Law: An ABF Update.
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E. Lynn Grayson is a partner with Jenner & Block in Chicago.
Collaborative law-- A new way to work the old problem of divorce1
If the term "collaborative law" is not already familiar to you, it soon will be. Illinois has recently joined a number of other states in forming a collaborative law institute for the education and promotion of this newest model of dispute resolution.2 In 2002, Texas became the first state in the nation to adopt a statute recognizing collaborative law as an alternative process to traditional litigation in the area of divorce.3
Although collaborative law has application to all types of disputes no matter the fact pattern, currently the model is being most widely used across the United States and in Canada in the area of family conflict. This article is meant as a brief introduction to those who are not yet familiar with the model and its emergence as an alternative to more traditional modes of conflict resolution, i.e., litigation, arbitration, mediation. Particularly, this article will concentrate on collaborative law and its application in the area of family law.
Collaborative law is the brain child of Minneapolis attorney, Stu Webb. Mr. Webb conceived the idea as an alternative to traditional civil law practice in the late 1980s. He has been practicing collaborative family law exclusively since January 1, 1990.4 He admits that the concept was born out of desperation with the incivility and schizophrenic nature of trial and family law practice. The use of this model has been called a "social movement."5 Its aim is to assist families in sorting through the many complex and emotional issues of separation and divorce in a dignified manner structured to help redefine and preserve relationships, especially where children are involved and the relationships may have to continue long after the final decree is entered.
In the collaborative law model, from the outset the participants (parties and attorneys) commit themselves to resolving differences justly and equitably and without resort, or threat of resort, to the court system. The model relies on an atmosphere of honesty, integrity, professionalism and cooperation. What attorney does not pride herself on her honesty, integrity and professionalism? Cooperation is the key component which is at odds with the "winner takes all" premise of the traditional litigation or arbitration models currently available to divorcing couples. Cooperation, although also a key component of the family law mediation model of dispute resolution, is often eroded and compromised when clients submit their mediated settlement agreements to their respective litigation attorneys for review.
Cooperation of the parties and of their attorneys on all fronts is the cornerstone of the collaborative law process. By modeling cooperative behavior, attorneys can have a significant impact on their clients. Attorneys can significantly influence their client's willingness to work within the context of this model by concentrating on disposing of issues rather then seeking the assignment of blame for past wrongs. The assignment of blame is usually the strongest instinct of divorcing couples. By diminishing the "the-us-versus-them" mentality, the collaborative law process helps divorcing parties concentrate on the various components of the "us" (children, house, car, assets, future monetary and financial needs) which must be addressed when dismantling a marriage.
The emergence of this newest model for divorce has come about as a direct result of the movement away from the concept of the lawyer solely as warrior or fighter to a more therapeutic concept of lawyer as healer and counselor. Attorneys working in the collaborative law model agree from the beginning of a case that neither will serve in the capacity of litigator to the parties they are representing. The attorney's role rather is that of legal counselor, supporting the client with legal knowledge and negotiation expertise when working through issues posed by the particular fact pattern. Attorneys assisting clients in this process agree in writing to withdraw if the parties choose to seek court intervention. Litigation, if it becomes necessary, is then handled by different counsel. Attorneys and parties agree to use all energy, resources, and monies in reaching a conclusion in which everyone's needs are addressed. This model has had much success in other states and has been so successful in Canada that it is practiced exclusively in some communities.6
For more information about education of Illinois attorneys in this model and about the newly formed Collaborative Law Institute of Illinois, the author can be reached at (312) 263-2536 or sandra@feingoldcrawford.com.
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1. This article is dedicated to the memory of Chicago family law attorney, Forrest S. Bayard, November 7, 1940 - December 29, 2002. An individual who dedicated his life and work to assisting families and couples in finding the "higher Self" during times of conflict and dispute. His contribution to the legal community will truly be missed.
2. For information regarding The Collaborative Law Institute of Illinois, a Non-Profit Corporation, visit the institute at <http://www.collablawil.org>.
3. Texas Family Code Section 6.603.
4. See AFCC Newsletter Winter, 2001, Conversation Corner, Stu Webb, Collaborative Family Law. AFCC is an interdisciplinary nationwide association of family law judges, attorneys, mediators, evaluators, court administrators, financial planners, and mental health professionals, working in collaboration to further ideas and issues to help resolve family conflict and protect the interests of families and children. <http://www.afccnet.org>.
5. Quote from Mr. James Galvin, Collaborative Law attorney, practicing in Park Ridge, Illinois, and one of the founding members of The Collaborative Law Institute of Illinois.
6. Canadian Living, "The Best Place to Get Divorced in Canada," by Terri Perrin, June 2002, pages 154-160.
* The University of Illinois at Springfield's Women's Center hosts the Central Illinois Women's Action (CIWA) e-mail list--a moderated forum for the posting of events and other short announcements of interest to women. CIWA is free and open to individuals and organizations. To subscribe to CIWA, send an e-mail to ciwa@uis.edu. Type SUBSCRIBE in the subject field and send.
* The Illinois Historic Preservation Agency maintains a special archive of women's history in Illinois and provides Internet links to similar archives and research projects throughout the U.S. A brief summary of information available includes: 4,000 Years of Women in Science--biographies and photos regarding women in science and interactive quizzes; History of Women's Suffrage--articles about women's suffrage in Illinois; Women's History in America--brief history spanning over women's rights, legal status, feminism, politics, reform movements, attitudes and discrimination towards women. For a more detailed summary of information available, visit <http://www.state.il.us/hpa/lib/women.htm>.
* The Chicago Public Library has a special research section dedicated to historical information about Chicago women. The Chicago Women's History home page at <http://www.chipublib.org/003cpl/chgowomen.html> includes biographical information about Chicago women, a list of historical sites associated with famous women and events in Chicago and a history of the suffrage movement in Chicago.
* Chicago Bar Association, Alliance for Women Program, Topic: Status of Women in the Law, Tuesday, September 23, 2003 at Noon at CBA.
* Chicago Foundation for Women--18th Annual Luncheon and Symposium, Thursday, September 25, 2003.
* Women in the Law--Next Newsletter Deadline-- Wednesday, October 15, 2003.
* Women's Bar Foundation Annual Scholarship Luncheon, Friday, October 17, 2003, Congress Hotel Chicago. To RSVP call Judi Schuch at 312-641-1441.
* Women in the Law, Friday, October 24, 2003, Noon 3:00 p.m., ISBA Chicago Office.
* Chicago Bar Association Alliance for Women Program, Topic: Promoting and Marketing Yourself, Tuesday, October 25, 2003 at Noon at CBA.
* 2003 Illinois Women's Health Conference--October 28-29, 2003--Donald E. Stephens Convention Center, Rosemont, IL.
The goal of the 5th annual conference, sponsored by the Illinois Department of Public Health Office of Women's Health, is to improve the lives of Illinois women and girls by initiating, facilitating and coordinating health awareness and education and activities to encourage healthier lifestyles. The conference brochure and registration form are available at <http://www.idph.state.il.us/about/womenshealth/events.htm> or by calling Brenda Blasko at 217/584-1844.