The COVID-19 pandemic’s effect on the legal profession has been profound and has impacted law firms of all sizes. Female attorneys in particular may see the worst of the pandemic’s effects. (Russell-Craft, Bloomberg Law). After a sharp decline following the post-2008 economic downturn, the percentage of female attorneys working in large law firms had just returned to pre-recession levels when the COVID-19 pandemic hit. (Tribe & Russell-Craft, Bloomberg Law). As a result, diversity experts are concerned that female attorneys will again be the group most impacted by the current economic crisis. Id. They worry that the pandemic will undo much of the work the legal profession had done in the years following 2008 to promote diversity and facilitate success for females in the profession. Id.

This effect results from the combination of two factors. First, legal employers, like most employers, are hesitant to lay off their most experienced and most efficient workers. Id. Instead, they generally look to lay off the least experienced portion of their workforce. Id. In the law firm setting, this means laying off newer attorneys who are in their first five to ten years of their careers. These attorneys are less likely to have connections with clients and are generally not as experienced in handling complex projects without supervision, making them less valuable to the firm. (Poll, LexisNexis). Second, female lawyers overwhelmingly fall into this newer lawyer category. (Gillespie, American Bar Association). Female students currently make up roughly 47% of law school graduating classes, but they only represent about 23% of law firm partners and just 18% of equity partners. Id. As these numbers illustrate, the attrition rate among female lawyers far outstrips the attrition rate among their male counterparts. Id. The reasons behind this attrition rate differ from lawyer to lawyer, but some authors suggest that women’s desire to raise a family (work/life balance), unconscious bias, and the pay gap experienced by women in the legal profession all have an impact. (Bass, American Bar Association).

Another potential effect of the pandemic could be a reduction in diversity programs, including those intended to benefit women in the legal profession. While firms maintain that they are committed to employing a diverse workforce and pride themselves on these programs, it could be easy for them to let such efforts slip during a time of added financial pressure. (Tribe & Russell-Craft, Bloomberg Law). The time and resources allotted to providing mentorship and opportunities for female and other diverse attorneys could find itself on the chopping block if firms do not prioritize it. Id. In response to the pandemic’s “new normal," firms should remain mindful of diversity issues and look for opportunities to retain and accommodate female attorneys impacted by the pandemic. Budget cuts may provide one such opportunity. When firms make decisions regarding which attorneys to lay off to meet their shrinking budgets, they should find ways to accommodate part-time work arrangements. These arrangements could potentially benefit newer female attorneys looking to work less hours and raise a family, which simultaneously helps solve the firm’s budgetary issues by reducing hours.

Another opportunity firms might explore to mitigate the effect of the pandemic on female attorneys is allowing for more liberal work-from-home programs. The pandemic has disproportionately pressed many new female attorneys into double duty by forcing them to care for their children during the workday—with in-person schooling halted—as well as perform their normal duties as an attorney. (Russell-Craft, Bloomberg Law). Liberal work-from-home opportunities might alleviate some of the pressure put on these attorneys, allowing them to care for their children during the day while getting their legal work done during the early mornings or at night when their kids are asleep or under the supervision of the other parent.

Finally, firms should remain committed to the programs they currently employ for the advancement of their female attorneys. The only way that the percentage of female law firm partners will rise is if the profession can retain its new, talented female attorneys long enough for them to reach higher levels within the organization. Continuing to provide these attorneys with impactful projects to work on and with mentorship and exposure opportunities within the firm is crucial. While providing these opportunities might expend some of the firm’s limited resources, retaining talented, female attorneys who might otherwise leave the firm will pay dividends in the long term.