GFIC: Substantive Law and Courtroom Environment Changes

To finish out November is the final recap of the Gender Fairness in the Courts CLE from earlier in the month. The last panel reviewed differences in substantive areas of law impacting women and changes in the court environment for women litigants, witnesses, attorneys, and judges in the last 20 years.

The panel consisted of:
Hon. Diana E. Murphy, Eighth Circuit Court of Appeals
Hon. Susan Richard Nelson, Magistrate judge for the U.S. District Court
Marianne D. Short, Dorsey & Whitney
Michelle Grant, Dorsey & Whitney (moderator)

Judge Nelson was asked about her thoughts on the new federal rules surrounding who will be lead counsel in a class action, and how judges have to look at the gender and minority make up of the firms. Judge Nelson thought these rules were important to follow because of the diverse group of plaintiffs present in some of the large class actions law suits. "All those people should be represented by a representative group." She noted that on the Guidant and Medtronic MDLs, the lead trial lawyers and the top in-house counsel where all women lawyers. "This is an extraordinary moment for us."

Marianne Short was asked about how law firms are working to continue to eliminate gender disparity. She said that while 10 years ago it was all about recruiting, "now it is all about retaining and engaging women in practice." She said that they really work to make sure women and minority associates have mentors and role models, and they continue to work on their work distribution, exposure to clients, and taking advantage of technology and the ability to work remotely. She also talked about how the changes law firms are making due to the recession, such as merit-based pay, have to be monitored carefully to make sure they are not having a disparate impact on women. "That concern does give me pause."

When asked what the Bar should focus on in the next 20 years, Murphy responded that there continues to be a need to focus on implementation. Everyone needs to recognize there is a problem, and recognize that each appointment matters. She talked about how studies like the Gender Fairness study from 1989 are a tremendous amount of work, and that there needs to be another generation of people to step up and think about initiating the next one.