Genie Harrison Editor-in-Chief
On being the best trial lawyer you can be For a woman lawyer, getting past a juror’s, “Ugh, is she going to be any good at this?” may depend on thorough preparation
“Strong, smart, sharp, works twice as
hard, ferocious, aggressive, efficient, effective, driven to succeed, competitive, authoritative, assertive, outspoken, responsible, gutsy, compassionate, well- qualified, badass.” Who do these words describe? According to participants in one of my recent focus groups, these words describe the term “woman lawyer.” Granted, this one focus group does
not rise to the level of providing a statis- tically significant sample, but the descrip- tions of women lawyers and the percep- tions behind them are useful to consider. Is this kind of respect automatically afforded to female trial lawyers? Are male trial lawyers in a better or worse position vis-à-vis the jury at the beginning of a trial? Is there anything a male trial
32 — The Advocate Magazine FEBRUARY 2012
lawyer just cannot do when his opponent is a woman? I am no social scientist or expert, but
I do have opinions on these subjects. My first opinion is this – despite the respect- ful tone struck in the adjectives used by my focus group to describe “woman lawyer,” I don’t think that jurors automat- ically view women trial lawyers as being the complimentary things listed above. Instead, I believe that there are jurors (of both genders) who view women lawyers skeptically and require proof that the female attorney is qualified. I also believe that this skepticism is different from and in addition to the tort reform skepticism that we all face. Obviously, my opinion about the perspective certain people have about
female trial attorneys is informed by my own experience, but it is also informed by the experience of some of my clients. One of the most illuminating con-
versations I have had in recent memory was with a client who has an interesting perspective about the difference between living life as a woman versus a man. Let’s call my client “John Doe.” John lived for a long time as a woman, and worked for a long time in what is traditionally a man’s business. After she lost her job, she transitioned into living as a man. In a recent meeting, John told me
that he had no idea just how hard women had it in life until he became a man. He said that it is much easier to live life as a man. He explained that when he walks
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