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WOMEN TRIAL LAWYERS PREDOMINATE AT D.C. MALPRACTICE LAW FIRM
March, 1999

Two newly hired trial attorneys have helped to change what was once an exclusively male law firm into one where women are now in the majority -- totaling five out of eight lawyers. According to Jack H. Olender, chief trial attorney at the Washington malpractice law firm of Jack H. Olender & Associates, P.C., the decisions leading to this shift were made in the interest of both the firm and its clients.

"We were very well aware that women were underrepresented in the legal field because of discrimination; but, to be frank, we weren't motivated primarily out of a desire to remedy historic wrongs," said Olender. "The women hired over the years, two of whom are now senior trial lawyers, were selected because they were, in our estimation, the best possible candidates. In retrospect, we made very wise personnel decisions. Besides their efficiency and legal acumen, these attorneys have important human relations skills that are essential to good client relations."

Olender's success is no secret in the Washington, D.C. area, or for that matter, across the country. The firm has won or settled more than one hundred malpractice or personal injury cases upwards of a million dollars each. What is less well known is that the women attorneys of Jack H. Olender & Associates have played a central role in many of the firm's recoveries for its clients, including cases involving children with cerebral palsy and brain damage, wrongful deaths, and failure to diagnose life threatening illnesses.

Notwithstanding the good news for the female attorneys at Jack H. Olender & Associates, a 1997 report by the National Association of Law Placement shows disappointingly slow progress for women. Nationwide, only 14% of partners and 40% of associates or staff attorneys at the nation¹s law firms are women. In the D.C. area, percentages of women partners and associates were identical to the anemic national figures.

Besides hiring barriers, women also trail men in salary and promotion. Given that women still carry a disproportionate amount of responsibilities at home, the demands of the legal profession also make advancement especially difficult. Many law firms that evaluate attorneys based solely on their ability to maximize billable hours are frequently slow to make changes that are women and family-friendly, such as the institution of flex time.

Like women, minorities also lag in representation, accounting for only 3% of law firm partners and 11% of associates. When being female and a member of a racial minority group intersect, there is acute underrepresentation due in part to sexism and racism.

"I see progress, but that progress is slow," says Sandra Robinson, a senior trial lawyer at Jack H. Olender & Associates, who is African-American. "There are trailblazers, however," she adds. "At Jack Olender & Associates, for example, three of our eight lawyers are women of color -- that's more than one-third -- which is almost unheard of in any law firm. The firm has also given attorneys and staff the flexibility to adjust schedules to meet the demands of family life while maintaining peak performance in their jobs. I would say these family-friendly policies have actually increased productivity and efficiency." Robinson, who is the mother of a college-age child, has won verdicts and settlements for her clients in the six and seven figure range.

At the Olender firm, tilting the balance in favor of women are two recently hired trial lawyers. The first, Melissa Rhea, Esq., was formerly a partner and active litigator at Cadeaux and Taglieri, and joins the firm as a Senior Attorney. Ms. Rhea has handled medical negligence, product liability, wrongful death and personal injury cases in D.C. and Maryland, and serves on the Board of Governors of the Trial Lawyers Association, D.C. A volunteer mediator, arbitrator, and mediation trainer with the Multi-Door Civil Division of D.C. Superior Court, she has twice traveled to East Africa with D.C. judges to train magistrates and judges in mediation techniques. She has also served on the faculty of the National Institute of Trial Advocacy.

Elizabeth Frey, formerly with the Baltimore law firm of Verderaime & DuBois, is an "R.N." as well as an "Esquire." A registered nurse who has been honored for outstanding clinical performance, she practiced in four East Coast Hospitals prior to commencing her law career in 1986. Since becoming an attorney her practice has consisted primarily of medical malpractice and personal injury cases. She presently serves on the Board of Governors of the Maryland Trial Lawyers Association.

"Law has been an almost exclusively male bastion ever since legal codes were first inscribed in clay tablets and stones," says attorney Olender. "When I was a student at the University of Pittsburgh Law School in the late 1950s, there was only one female student in attendance during my three years at the law school. Now, approximately 40 years later, women comprise almost 50 percent of all law students."

"In addition to making gains in law school admissions," adds Sandra Robinson, "women have scaled the highest levels of the legal profession. Locally, two outstanding women jurists hold key chief judgeships: The Hon. Annice B. Wagner serves as Chief Judge of the D.C. Court of Appeals and the Hon. Norma Holloway Johnson is Chief Judge of the U.S. District Court for the District of Columbia. And at the pinnacle of our judiciary, Justices Ruth Bader Ginsberg and Sandra Day O'Connor have made a bridgehead on U.S. Supreme Court."

Reflecting on the changing demographics of the legal profession, Olender embraces change and prides himself on being ahead of the curve when it comes to hiring and promotion. "The experience of our firm has shown that diversity is not only possible but highly desirable," he says. "The perspectives of women and racial minorities have contributed enormously to our success" And there is no arguing with Olender's success.


Orginally published in the Washington Afro-American and Women and Minority Business Council Newsletter
 
 

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