Latin America: The Challenges for Female Lawyers

Transcription

1 July 2, 2014 Latin America: The Challenges for Female Lawyers Female lawyers continue to be under-represented. BY JOACHIM BAMRUD Female lawyers continue to be under-represented, both at major international law firms dealing with Latin America and law firms based in the region. Female lawyers are often a minority when it comes to meetings and negotiations with senior business people [and] they are a minority in terms of achieving partnership positions in law firms, says Silvia Fazio, a partner at Chadbourne & Parke who divides her time between Sao Paulo and London. The under-representation applies to Latin America s business and politics in general, she points out. Despite the fact that region now has several female presidents, prime ministers and a growing number of CEOs in large corporations, I believe the challenges are still related to the lack of representation of women both in business and politics, Fazio says. In most Latin American countries, we have a greater population of women than men, but women take part in less than 10 percent of decision making positions both in business and politics. Mary Rose Brusewitz, Strasburger; Silvia Fazio, Chadbourne & Parke; Amy Kyle, Bingham and Antonia Stolper, Shearman & Sterling. Latin America affinity group at Shearman & Sterling. Women in Latin America who aspire to be lawyers face many of the same obstacles that women in the United States face, although there has been major progress in both regions, says Antonia Stolper, head of the Change is coming quickly to Latin America but depending on the country, may lag somewhat behind the United States, she says. There are, however, a number of Latin American countries that have many prominent women lawyers and more every day. The obstacles are similar -- cultural barriers and family pressures, Stolper says. As more and more clients exert pressure for change and as more law firms embrace diversity as a strategic priority, I expect to see a significant increase in the number of women lawyers in the region, she says. In the legal profession, there are an average 17 percent of women at large law firms [in the United States], says Francesca Odell, a partner at Cleary Gottlieb. We ve had a hard time breaking past that. But that s no reason to stop trying. Cleary itself is among the exceptions, with four female partners among the 18 senior members of its Latin

2 America practice. Shearman & Sterling is another key exception, with 9 out of 25 partners in its Latin America group being female. According to a 2013 survey of Latin American firms on Latin Lawyer magazine s Latin Lawyer 250, 49 percent of associates in Latin America are female, and that number falls to 20 percent at the partnership level. But as economies develop and new generations enter the workforce, there will be more opportunities for women lawyers, says Amy Kyle, a partner at Bingham. There is a significant number of women lawyers entering the profession, so the landscape is changing, albeit slowly, Kyle says. Fazio concurs that there are more female law students, but sees continued problems at the hiring level. In Latin America we certainly can see a growing number of female law students being admitted to the best universities, in some countries they are even a majority now, she says. In such sense, the legal profession is rapidly being transformed and the growing number of female law students is due to have an impact in the legal market as a whole in the medium to long term. However, the challenges are still present when we look at retention and development of women in the legal career, Fazio says. I believe this situation is due to numerous factors, including cultural barriers, she says. Meanwhile, traditional cultural values in Latin America place more societal pressure on women to focus on family life. This can result in women not sticking with a legal career due to pressure to stay home, whether external, or simply from a sense of personal values, Kyle says. Mary Rose Brusewitz, Chair of the International Practice and Partner in Charge of the New York office at Strasburger, agrees. Some of my contacts in Mexico, where there are few senior women partners at law firm, report that while women are more respected as professional colleagues (and even seen as worthy competitors by men) as time goes by, the social and cultural pressures from family members and the internal pressures to prioritize family simply still can become overwhelming, she says. Thus many women may drop out entirely or opt for positions with more stability and certainty. This in turn causes others at higher pressure work places (probably unconsciously) to wonder about whether women can be/are as committed as men and thus this may impact opportunities for advancement. However, Kyle emphasizes that she has seen many successful women lawyers in Latin America and the growth of the legal community in countries such as Brazil has resulted in many more opportunities for lawyers there. Firms that will be the most successful in recruiting, retaining and advancing women lawyers will be the ones that focus on training, mentoring and work-life, among other issues, she says. CHALLENGES Female lawyers dealing with Latin America at international law firms say they have not encountered discrimination. There is a respect for experience and to some degree hierarchy in Latin America that actually can benefit women in leadership roles, Stolper says. For example, when I am in meetings in Latin America, my status as an expert and authority is usually not challenged on the basis of my gender. In fact, it s in the United States she can face discrimination. The lack of hierarchy and the sense of entitlement in the United States sometimes encourage sexist and unprofessional behavior from men, which I deal with appropriately, Stolper says.

3 Kyle agrees. I think that women lawyers from the United States may see less discrimination in the region, as we may be viewed as outsiders who may play by different rules, she says. People in any country in the region see female US lawyers as distinct, and perhaps not subject to the same cultural pressures or even stereotypes that may apply locally, Brusewitz adds. We may be deemed gringo workaholics and people may even shake their heads at how we manage our work and travel schedules, but they respect us, generally, at least in formal settings, she says. Odell say it can often even be an advantage being a women practicing law in Latin America business. Quite honestly, in some ways it s easier to distinguish yourself when a woman, she says. There are not that many women practicing law in that senior level. In Latin America business is based on relationship building and long term commitment, Odell points out. It should make it just as easy for a female partner, maybe even easier, she says. However, the key driving force behind earning the respect of Latin American clients is the quality of the work, Odell points out. We have a very sophisticated group of Latin America clients, she says. They are very progressive, very successful corporations. They look at the quality of lawyering they get. That makes it easier, when clients looking at it from that type of sophisticated [perspective and] looking at best quality legal services. But she does acknowledge that the amount of travel involved can represent a challenge, depending on the partner s personal situation. It does involve a lot of travel [and] sometimes travel is tough, Odell says. One major difference between practicing in the United States and Latin America is that clients may often ask for diversity in the US, but not so much in Latin America, Brusewitz points out. While in the US some clients are expressly demanding diversity in their legal teams, I am not sure that is as prevalent in the region as in the US, she says. Meanwhile, female lawyers also face a different standard than men when it comes to behavior, Kyle argues. One of the challenges that exists generally, and this is an issue women lawyers everywhere face, is that there may be a narrower band of acceptable behavior for women lawyers than for men, she says. You have to come across as assertive without being overly aggressive. The situation of female lawyers and women in business in general has improved substantially over the last 15 to 20 years in Latin America, Fazio says. But that doesn t mean that female lawyers don t need to have a clear understanding of the challenges they face. Female lawyers need to learn to work in an environment where decisions are substantially made by men, and they need to make themselves respected and understood in such environment, she says.

4 Latin America: Female Lawyer Q&A Latinvex asks prominent female attorneys about their experience dealing with Latin America. Does being a female lawyer present any type of challenge when dealing with Latin America, a region known for its discrimination against women? And why aren't there more female lawyers in general and in the Latin America area specifically? We asked five of the lawyers that are on the latest Latin America s Top 50 Female Lawyers ranking from Latinvex. Our panel: Mary Rose Brusewitz, Chair of the International Practice and Partner in Charge of New York office, Strasburger Amy Kyle, Partner, Bingham Silvia Fazio, International Partner, Chadbourne & Parke Francesca Odell, Partner, Cleary Gottlieb Antonia Stolper, head of Latin America affinity group and Capital Markets-Americas group, Shearman & Sterling CHALLENGES Latinvex: Does being a female lawyer present any type of challenge when dealing with Latin America, a region known for its discrimination against women? Fazio: The reputation for being discriminatory against women is not an exclusivity of Latin America. The situation of female lawyers and women in business in general has improved substantially over the last 15 to 20 years in Latin America. Despite the fact that region now has several female presidents, prime ministers and a growing number of CEOs in large corporations, I believe the challenges are still related to the lack of representation of women both in business and politics. In most Latin American countries, we have a greater population of women than men, but women take part in less than 10 percent of decision making positions both in business and politics. Female lawyers are often a minority when it comes to meetings and negotiations with senior business people; they are a minority in terms of achieving partnership positions in law firms. Female lawyers need to learn to work in an environment where decisions are substantially made by men, and they need to make themselves respected and understood in such environment. Brusewitz: For a foreign female attorney, especially one with experience and cultural/language skills, I don t know that dealing with clients and others presents so many challenges, though I have been working in the region for many years and as a more senior (i.e. old ) person, perhaps I ignore or no longer recognize signs of distinct treatment out of habit or have earned some degree of respect. I suppose one factor may be that the people in any country in the region see us as distinct, and perhaps not subject to the same cultural pressures or even stereotypes that may apply locally. We may be deemed gringo workaholics and people may even shake their heads at how we manage our work and travel schedules, but they respect us, generally, at least in formal settings. They do not, after all, have to live with us! Each country has a distinct profile in terms of the environment for women lawyers and professional in general, as well as the challenges that women lawyers may face. It is my perception that most of the

5 issues seem cultural and societal. In fact some of the challenges that female attorney friends and colleagues from the region cite are shared by women in the US as well. Some of my contacts in Mexico, where there are few senior women partners at law firm, report that while women are more respected as professional colleagues (and even seen as worthy competitors by men) as time goes by, the social and cultural pressures from family members and the internal pressures to prioritize family simply still can become overwhelming. Thus many women may drop out entirely or opt for positions with more stability and certainty. This in turn causes others at higher pressure work places (probably unconsciously) to wonder about whether women can be/are as committed as men and thus this may impact opportunities for advancement. In other countries I hear that men and women colleagues sometimes act probably out of envy and may attempt to attribute success to unseemly things that women supposedly do to get business, internally at firms, and externally, from clients (hmmmmmm..how did she get that client/deal/level of collections?). In other countries, one does see some women in top legal positions, though I understand that they usually earn less than male colleagues at similar levels. In Brazil, the number of women judges is rising rapidly, though and I believe that compensation for those jobs is probably regulated so there may not be a differential in pay for the same work between men and women. Of course the reason for the interest of women in these positions may be precisely because the schedule is more predictable than for example at a law firm if a woman lawyer wants to excel. I feel that the level of express professional discrimination is less prevalent than a few years ago in many environments, despite the fact the people may joke about issues like harassment in a less politically correct manner than we may see in for example to US. But there may still be more affairs between colleagues at law firms than would be tolerated in top firms in the US at this point in time. Also, while in the US some clients are expressly demanding diversity in their legal teams, I am not sure that is as prevalent in the region as in the US. Kyle: Challenges vary from country to country. Argentina and Brazil, for example, seem to have a greater representation of women lawyers in senior ranks. One of the challenges that exists generally, and this is an issue women lawyers everywhere face, is that there may be a narrower band of acceptable behavior for women lawyers than for men. You have to come across as assertive without being overly aggressive. That being said, I have not personally experienced discrimination while working on deals in Latin America. I think some of that stems from our relationships in the region. From my perspective, I think that women lawyers from the United States may see less discrimination in the region, as we may be viewed as outsiders who may play by different rules. Odell: Everyone has a different experience. I have not encountered a lot of those issues at all. A lot of times before you know a client, you gain that level of trust. These days even harder with and that you don t meet in person right away. But not encountered that in Latin America any more than [other areas]. Quite honestly, in some ways it s easier to distinguish yourself when a woman. There are not that many women practicing law in that senior level. We have a very sophisticated group of Latin America clients. They are very progressive, very successful corporations. They look at the quality of lawyering they get. That makes it easier, when clients looking at it from that type of sophisticated [perspective and] looking at best quality legal services. In Latin America business is based on relationship building and long term commitment. It should make it just as easy for a female partner, maybe even easier. Stolper: Not in my experience. There is a respect for experience and to some degree hierarchy in Latin America that actually can benefit women in leadership roles. For example, when I am in meetings in Latin America, my status as an expert and authority is usually not challenged on the basis of my gender. On the other hand, the lack of hierarchy and the sense of entitlement in the United States sometimes encourage sexist and unprofessional behavior from men, which I deal with appropriately.

6 UNDER REPRESENTED Latinvex: Why aren't there more female lawyers in general and in the Latin America area specifically? Fazio: In Latin America we certainly can see a growing number of female law students being admitted to the best universities, in some countries they are even a majority now. In such sense, the legal profession is rapidly being transformed and the growing number of female law students is due to have an impact in the legal market as a whole in the medium to long term. The challenges are still present when we look at retention and development of women in the legal career. I believe this situation is due to numerous factors, including cultural barriers. Brusewitz: In most countries in the region at this time, my impression is that the number of men and women in the law schools is about equal at least. At the junior ranks at law firms, I feel that trend carries on. Just as in the US, the rub comes later when people marry and assume more family responsibilities, women may opt for the less high profile and pressure positions if they continue to work. So I suspect there are a lot of junior female lawyers and then the ranks get winnowed down, just as they do in the US. Kyle: According to a 2013 survey of Latin American firms on Latin Lawyer magazine s Latin Lawyer 250, 49 percent of associates in Latin America are female, and that number falls to 20 percent at the partnership level. Those numbers are comparable to U.S. and European law firm representation. As economies develop and new generations enter the workforce, there will be more opportunities for women lawyers. There is a significant number of women lawyers entering the profession, so the landscape is changing, albeit slowly. Just as in the United States and in other regions around the world, challenges around work-life issues exist. In Latin America, traditional cultural values place more societal pressure on women to focus on family life. This can result in women not sticking with a legal career due to pressure to stay home, whether external, or simply from a sense of personal values. I have seen many successful women lawyers in Latin America, however, and the growth of the legal community in countries such as Brazil has resulted in many more opportunities for lawyers there. Firms that will be the most successful in recruiting, retaining and advancing women lawyers will be the ones that focus on training, mentoring and work-life, among other issues. Odell: Bottom line is that in the legal profession, there are an average 17 percent of women at large law firms. We ve had a hard time breaking past that. But that s no reason to stop trying. Stolper: Women in Latin America who aspire to be lawyers face many of the same obstacles that women in this country face, although there has been major progress in both regions. Change is coming quickly to Latin America but depending on the country, may lag somewhat behind the United States. There are, however, a number of Latin American countries that have many prominent women lawyers and more every day. The obstacles are similar -- cultural barriers and family pressures. As more and more clients exert pressure for change and as more law firms embrace diversity as a strategic priority, I expect to see a significant increase in the number of women lawyers in the region.

7 Latin America s Top 50 Female Lawyers: The Standout Firms Bingham, Chadbourne & Parke, Cleary Gottlieb and Shearman & Sterling. BY LATINVEX STAFF Latinvex asks firms that stood out on our recent ranking of Latin America s Top 50 Female Lawyers why they have been so successful at retaining prominent female attorneys. The attorneys on the ranking of Latin America s Top 50 Female Lawyers came from 37 different firms based in the United States, the United Kingdom, Canada and the Cayman Islands. Four firms stood out: Bingham (with four entries) and Cleary Gottlieb, Jones Day and Shearman & Sterling with three each. Meanwhile, Chadbourne & Parke was among the firms with two entries. Four firms stood out: Bingham (with four entries) and Cleary Gottlieb, Jones Day and Shearman & Sterling with three each. Meanwhile, Chadbourne & Parke was among the firms with two entries. CHADBOURNE & PARKE Silvia Fazio, International Partner Chadbourne has been a leader and pioneer in Latin America for decades. The firm s dedicated multidisciplinary Latin America team has been privileged to work in virtually every country in Latin America across a broad array of disciplines. Lawyers in Chadbourne s Latin America practice are fluent in Spanish and Portuguese, and many are admitted to practice in more than one jurisdiction. Chadbourne s Latin American practice has been widely recognized in the market and has received a number of awards and nominations over the years. The firm has recently founded and sponsored "WILL - Women in Leadership in Latin America" a nongovernmental organization aimed at supporting women leadership in the region. Its objectives include sharing best practices aimed at closing the gender gap and promoting women in leadership roles across all industries; assisting corporations headquartered in Latin America with establishing career development programs for women; and helping women acquire and enhance leadership skills through mentoring programs. WILL recently held a kick-off event in São Paulo, where more than 300 guests attended featured a panel discussion with a number of business leaders across a variety of industries from Brazil. BINGHAM Amy Kyle, Co-Chair of Transactional Finance Practice Group and member of the Diversity Executive Committee. Bingham has longstanding ties to Latin America, dating back to when client Bank of Boston began financing wool grown in Argentina for textile merchants in New England. A number of Bingham s leading practices are now advising clients in the region. The firm s international platform, its work for some of the leading global companies and financial institutions, and the number of women lawyers in senior positions provide many opportunities for women lawyers to work on Latin America-related matters. Not only are the Bingham lawyers on the Latin America s Top 50 Female Lawyers list active in the region, but women lawyers from Bingham offices worldwide have experience in Latin American deals.

8 CLEARY GOTTLIEB Francesca Odell, Partner I spend a lot of my time focusing on retention and promotion of women here at Cleary Gottlieb. It s an important goal and one that the firm takes seriously. We focus on whether anything internally we can do, by making sure we are giving women lawyers opportunities and a way to accommodate any needs they have. If they have personal family issue concerns, by being more flexible. In our Latin America practice of 18 partners, four of us are women. That s a pretty good average. Also, even before us we ve had other senior women partners. That has been useful.we have had a lot of success in promoting women in the group. We have a great group. There s been a lot of support for all the women partners I think especially in our group been a great deal of support for women. That makes it easier to practice and be successful as women. The other [factor is] how we practice. Being able to practice internally in a very collegial way is important. At Cleary, partners get compensation on seniority, not business getting in. That s really good for building a strong partnership. Something that also Carmen [Corrales], Chantal [Kordura] and Amy Shapiro have benefited from. All four of us have been able to have robust practices and a collegial system. SHEARMAN & STERLING Antonia Stolper, Head of Latin America Affinity Group Shearman & Sterling has been a leading international law firm in Latin America and the Caribbean for more than a century and has played an active role in the economic development of the region. We have been recognized by many leading publications and our track record speaks for itself. I am the head of our Latin America & Caribbean Group, and 9 of the 25 partners in the group are also women who are considered leaders in their respective fields. I am proud to share the stage with my colleagues who were recognized as top female lawyers in Latin America. The large number of women partners in the group demonstrates that once a pipeline has begun and women reach senior positions in the profession, they can bring along the next generation and help nurture the women who come after them. Copyright Latinvex