The Motherhood Myth, Traditional Firms, and the Underrepresentation of Women

This Article explains that the motherhood narrative—that women are underrepresented in partnership and leadership ranks of law firms because they are their children’s primary caregivers—is a myth. After detailing how the motherhood myth has been used as an excuse for poor retention of women, the Article provides evidence of an alternative explanation: traditional firms—characterized by extreme work expectations and reliance on the unpaid labor of attorneys’ stay-at-home spouses or partners (SAHSs)—are structurally and culturally hostile to women. To thrive in a traditional firm, an attorney needs a SAHS—not just an equal parenting partner as the motherhood myth claims. Traditional firms’ demand for and reliance upon SAHSs drives out women. Decades of small interventions at the margins have not and cannot stem the attrition of women from traditional firms. Quantifying, tracking, and working to decrease firms’ dependence on SAHSs can. This Article makes the case that the goal of reducing SAHS reliance will motivate at least some firms, will not harm clients, and is the linchpin for improving the representation of women in firm partnership and leadership roles. The Article closes by explaining the role that bar associations (and other organizations), law firms, and attorneys can play in gathering, assessing, reporting, and using SAHS reliance data. The effort of any one of these groups has the ability to spur meaningful change in the retention and promotion of women in law firms.