Band of Brothers: The Role of Gender in the Trial Profession

The American legal profession serves as a pillar of societal order and is integral to the functioning of a democratic society. However, within this esteemed professional realm, an enduring gender disparity persists, notably in the trial profession (ABA, 2023). In the legal field those who are trial lawyers enjoy some of the of the highest paid and most esteemed positions (US Bureau of Labor, 2024). The American legal profession has long presented itself as a meritocracy, an organizational society that rewards individual talents and abilities (Kroncke, 2022). The American dream, based on the meritocratic ideal, is the belief that everybody has an equal opportunity to succeed regardless of their demographic characteristics and background. However, in the legal profession many who believe in meritocracy might not find themselves in a pleasant dream.

Over the past decade more woman (56%) than men (44%) have entered the legal profession, yet the role of trial law remains heavily male dominated: 80% male, and only 20% female (AO Reports, 2023; ABA, 2024). To better understand the reason for this gender disparity in the trial profession, fifteen senior elite trial lawyers participated in qualitative interviews and were asked questions about necessary characteristics to be a trial lawyer, and the influence of gender in the trial profession.

This study, focusing on the experienced trial lawyers themselves (rather than jurors), examines: (RQ1) the characteristics and qualifications necessary to be selected as a trial lawyer; and (RQ2) the role gender plays in shaping the selection and promotion decisions in the trial lawyer profession. These finding shed light and understanding why for over a century males have heavily dominated the trial lawyer profession, even though over the last decade more females have entered the legal profession (56%) and are qualified for trial lawyer positions.

Book: Band of Brothers