Can Women Really Have It All? Yes, No, Maybe So.

Click for Christie's WebsiteBy Christie Foppiono

The answer to that rather loaded question depends, of course, on who you ask.  I decided to look at the “answers” of three successful women who have been in the spotlight recently.

Sheryl Sandburg is the high-powered COO of Facebook and mother of two.  As you probably already know, she has written the book Lean In:  Women, Work & the Will to Lead, which encourages women to embrace and pursue our ambitions.  Focus on and discuss what we can do, not what we cannot.  According to her Forbes online profile, Sandburg says "I don't believe in 'having it all.’  But I do believe in women and men having both a successful career and family.  The more women we get into positions of power, the more likely we'll get that."  I will take that as a qualified yes.   

Gabrielle Reece, (former) professional beach volleyball player, model and mom, has written a book which begs to differ.  The author of My Foot Is Too Big for the Glass Slipper says you have to choose your focus.  What is your priority right now – work or home?  And in a move which was sure to ignite debate, Reece also suggests, being feminine means being submissive, at least at home.  No, you cannot have it all, at least not all at once.      

What about Yahoo CEO, Marissa Mayer?  She does not have a book (not yet anyway) so all we can do is observe her behavior.  Mayer might say you can have it all.  The formula?  Take a two-week maternity leave, eliminate telecommuting for your staff and build a private nursery next to your own office.  Maybe?                              

No matter who you ask, one thing is sure - the fairer sex has come a long way, even if we still have more ground left to cover.  When the Equal Pay Act was passed fifty years ago, women were not COOs, CEOs or writing books about their take on the role and place of women in the workforce.  There was no conversation about work-life balance.      

So, can you have it all?  The only answer that really matters is yours - whether you are an equity partner, a stay-at-home mom or something in-between.  Good luck finding it!      

Equal Pay? Maybe Someday.

Click for Christie's WebsiteBy Christie Foppiano

I recently spoke at a workshop for female graduate students about the importance of negotiating, particularly in light of the gender pay gap.  According to the National Women’s Law Center, for every dollar a white male earns, his white female counterpart only earns seventy-seven cents.  The statistics are even worse for African-American and Latina females.

The legal world is not immune from these inequities.  The American Bar Association’s research, among others, indicates that in large law firms, the compensation gap “persists even when hours and business development are equal.  The gap widens with each step up the law firm ladder, all the way into the level of equity partners where the greatest disparity exists.”  The ABA Toolkit for Gender Equity in Partner Compensation, page 3 of 8.  You may find some useful information on the ABA’s Gender Equity Task Force web page.  http://www.americanbar.org/groups/women/gender_equity_task_force.html

The first challenge women may face in negotiations is gender specific.  Women may be more reluctant to negotiate than men.  An April 1, 2013 Wall Street Journal article opines that the difference in male and female negotiating tactics plays a role in the gender pay gap.  When it is unclear whether wages are negotiable, men are more likely to negotiate than women.  You can access this article online where you can also find a link to the underlying study.  http://blogs.wsj.com/economics/2013/04/01/negotiating-tactics-play-role-in-gender-pay-gap/

The second challenge is gender neutral.  Given the competitive nature of the current job market, you may have limited or no ability to negotiate salary.  However, you will not know whether salary is negotiable unless you ask.  Respectfully and professionally ask for what you want.  Perhaps you won’t get more salary but you may be able to gain some non-monetary advantage which is also important to you. 

Unfortunately, the issue of equal pay will likely continue over the course of your career.  To combat this reality, strive to position yourself to have increasing value to your employer.  Increasing your value will give you the leverage you need to negotiate for pay and for position. 

Literally and figuratively, you cannot afford to stop negotiating.  If you need a reminder, April 9, 2013 was Equal Pay Day.  It represents the date in 2013 through which women had to work to match what men earned in 2012.  With that in mind, keep calm and negotiate on!    

My Fees, Please

By Christie Foppiano

If you practice law long enough, you will have at least one client who is unhappy with, among other things, your bill.  Probably several.  If you are unable to collect your fee and are inclined to sue, proceed with caution.  There are some ethical hoops you must jump through first.  The Rules of Professional Conduct require you to notify your client about the State Bar’s Fee Dispute Resolution Program (“Program”).      

(f) Any lawyer having a dispute with a client regarding a fee for legal services must: 

(1) make reasonable efforts to advise his or her client of the existence of the North Carolina State Bar's program of fee dispute resolution at least 30 days prior to initiating legal proceedings to collect the disputed fee; and

Rule 1.5(f)(1) of the Rules of Professional Conduct.    

The comments to Rule 1.5 clarify when notice is required.  “Notification must occur not only when there is a specific issue in dispute, but also when the client simply fails to pay.”  There is no notification requirement if your client acknowledges liability but indicates an inability to pay.  Should you need to advise your (perhaps former) client about the existence of the Program, the State Bar has a form letter you can use:  http://www.ncbar.com/PDFs/32.pdf.   

The Program, which uses mediation and voluntary binding arbitration to resolve disputes, is available to lawyers and clients alike.  Either may file a Petition for Resolution of Disputed Fee.  If your client elects to participate in the Program, you must not only participate but do so in good faith.  Rule 1.5(f)(2).  (There is no such requirement in Superior Court mediations.)  If you file a petition, the client may, but is not required to, participate.  On a positive note, a client may not file a grievance against you while a fee dispute is pending.  The Petition for Resolution of Disputed Fee can be found online at http://www.ncbar.gov/PDFs/fee_arbit.pdf.   

“Attorneys in their professional capacity” may also use the Program to resolve fee disputes with “other attorneys, physicians, stenographers, consultants, and expert witnesses” if the dispute “arises out of a professional relationship other than that of attorney-client.”  Section 1.2, Bylaws of the Tenth Judicial District Bar’s Fee Dispute Resolution Committee.  In that instance, a “reasonable filing fee” may be charged.  There is no charge for attorney-client disputes.    

Before you make a mad dash to the courthouse, be sure to comply with Rule 1.5.  The last thing you need is an empty pocket and a grievance from the State Bar.  Here’s hoping your Spring is filled with prosperity and happy, or at least reasonably satisfied, clients.         

Lawyers in Love?

By Christie Foppiano

Valentine’s Day has come and gone but the holiday got me thinking about love, of course.  Since this is no place to resurrect the ghosts of Valentine’s past, I wondered how lawyers rank in the love department.  I set out to review statistics about the success rates of two lawyer marriages.  (By the way, I fall into this category.)  Although unable to find any lawyer specific statistics, I did find some interesting, if not depressing, information. 

My first stop was an article by a psychologist who had herself married a lawyer.  This optimistic and heartwarming piece is entitled “Marry A Lawyer?  Proceed with Caution.”  We, as a profession, are apparently “less emotionally astute” and perhaps for that reason are drawn to the law.  The skills that make us good lawyers can keep us from a healthy personal life.  “…[T]he same traits that bring lawyers success in the workplace also interfere with their achieving meaningful, intimate relationships in the home.”  Dr. Travis did offer some advice for the love-lorn lawyer about how to be a better spouse.  If, like the Tin Man, you are searching for your heart, below is the link to the article complete with helpful hints.  http://www.lawyeravenue.com/2009/02/12/the-lawyer-spouse-balancing-love-work-ambition/  

My next stop, the Bitter Lawyer, was equally disheartening.  A non-lawyer was seeking advice about his seven-year marriage to a female attorney.  According to the unhappy husband, his wife was often physically absent and when present, did not meaningfully engage with either him or their young child.  A recent incident had pushed him to the brink.  The dutiful husband had painted the couple’s living room as a surprise.  Despite having hated the previous color, two weeks later, his wife had not yet noticed.  You can find Bitter Lawyer’s advice, with some particular insights about the challenges female attorneys face, at http://www.bitterlawyer.com/i-married-a-lawyer/. 

Lawyers might be struggling in the love department but we are good at lawyering in matters of love.  For instance, we help employers avoid liability in the face of office romance.  Unfortunately, we may not be as good at taking our own advice.  A Wall Street Journal law blog article, “Lawyers, Love and Regulating Romance,” notes that “… relationships between bosses and subordinates are more likely to crop up at professional workplaces such as law offices than they are on the factory floor.”  (Emphasis added.)  You can read the full article with an online WSJ subscription.  http://blogs.wsj.com/law/2013/02/11/lawyers-love-and-regulating-romance/ 

Alas, what are we to do?  In addition to using good common sense, I say rent Legal Eagles where lawyer love prevails.  You might also want to download “Lawyers in Love,” the film’s theme song by Jackson Browne.  It has a good beat and you can (almost) dance to it.  I hope you had a good Valentine’s Day and will keep fighting the good fight in and out of the office.         

New Year, Better You

New Year, Better You

By Christie Foppiano

The New Year is a chance to take stock of the last one.  At least metaphorically, you can leave the past behind and strive for positive change.  It is a new beginning of sorts.  Many of us make resolutions.  Forty-five percent of Americans usually make New Year’s Resolutions.  (FN. 1)  Not surprisingly, only eight percent are successful in achieving them.  Id.  Even so, I believe the exercise still has merit.  You never reach a goal which you have failed to set.  

In the hopeful spirit of a New Year, here are my resolutions

1. Meet intention with action.  I often find that when I have a good idea or thoughtful impulse, I do not always follow through on it.  This is especially true if it is not something I have to do.  As the adage goes, the road to hell is paved with good intentions.  Apparently, I am in good (or bad) company.  So, this year, I have committed to turning my good intentions into action. 
2. Procrastinate less.  Carpe diem!  While I am not a big procrastinator, I find this habit rearing its ugly head if a task is not time-sensitive or is particularly odious.  (On a personal note, I am thinking about my bonus room where unused things go to die.)  There really is no time like the present.  And I do feel a big sense of relief when I finally finish something I have been putting off.
3. Communicate more effectively.  For me, this resolution is more targeted to communicating with my children.  However, it is a lesson that attorneys should also heed in our professional lives – with colleagues, coworkers and clients.  Lawyers’ failure to communicate with clients is one of the leading reasons for bar complaints.  Effective (and polite) communication with firm staff will not go unnoticed.
4. Search for balance.  Society seems to acknowledge the need for and importance of work-life balance.  The legal world does, too.  At least in theory.  This ideal may be cold comfort to an associate learning the ropes or to you when professional demands are monopolizing your time.  Most of us will never achieve true work-life balance.  However, I have resolved to look for and take advantage of opportunities for balance when they arise.
5. Have more fun.  I am trying to do more things I like.  This is easier said than done, especially in the work arena.  Handle more cases in your favorite practice area or get involved in professional activities you actually enjoy.  There will always be things we don’t like about our jobs.  But perhaps if we are doing more of the things we like, the drudgery will be more tolerable.    

I may look back on this article next year and laugh at how miserably I failed.  If so, I will try to remind myself that every day really is a new beginning.  So, here’s to new beginnings and a Happy New Year! 

FN 1.  www.statisticbrain.com