NYSBA Study Finds Gender Disparity Persists in New York Courtrooms

New York Attorney Dyan Gershman has been practicing law for 30 years. In addition to her various professional experiences including establishing her firm, Gershman Law, PLLC, Dyan Gershman is an active member of the New York State Bar Association (NYSBA).

The NYSBA works to shape the development of the law and educate and inform the public. It also provides New York attorneys with a wide array of valuable information and resources, including legal practice trends in the state. Recently, the organization published updated research relating to the role that women attorneys take in courtrooms throughout the state.

The study conducted recently was a follow up to the landmark NYSBA report issued three years ago. In 2017, a questionnaire-based study titled “If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR” found that only 24.7 percent of lead counsels in courtrooms throughout New York were female attorneys.

The small percentage of women who were in speaking roles happened at all levels of the New York state judicial system (i.e., upstate and downstate, criminal and civil, trial and appellate, and multi-party and ex parte matters). The findings were similar for instances when cases involved mediation, arbitration, and neutral conduct meetings.

The 2020 follow up study conducted through NYSBA titled “The Time Is Now: Achieving Equality for Women Attorneys in the Courtroom and in ADR,” found that the improvements were disappointingly small despite a roadmap of recommendations included in the 2017 report.

Women in lead counsel roles rose to 25.3 percent (from 24.7 percent in the 2017 study). The 2020 report makes a number of recommendations to improve gender equity across the legal profession, including ongoing efforts by the judiciary to encourage more women in leadership roles in the courtroom.

NYC Bar Association Urges Humanitarian Exception for Attorney Giving

Dyan Gershman is an established presence in the New York City legal community who focuses on a wide range of corporate and commercial matters, including mergers and acquisitions, for both US and international clients. As part of her community engagement, Dyan Gershman maintains membership in a number of legal professional organizations such as the New York Women’s Bar Association, and the NYC Bar Association.

The NYC Bar association recently responded to the COVID-19 pandemic by requesting that the New York Rules of Professional Conduct be amended to include a humanitarian exception. Under longstanding ethics rules, attorneys are not allowed to contribute financially to litigation clients. However, recent events have brought about a situation in which the rules prevent contributions toward the common good.

For example, one lawyer seeking to make a contribution to a community restaurant that serves low-income residents was informed that this could lead to potential disciplinary action. In another case, a legal organization was prevented from covering rent and food costs within immigrant communities it serves through representation.

A humanitarian exception would allow the establishment of funds that go toward litigation clients’ groceries, medical supplies, clothing, and other basic living expenses. This would apply to paying clients with limited financial means, as well as those being served on a pro bono basis.

Three Past Presidents of the New York Women’s Bar Association

 

Dyan Gershman

The recipient of a juris doctor degree from Boston College Law School, Dyan Gershman is a corporate and mergers and acquisitions attorney with over 25 years of experience. Dyan Gershman began her legal career with the international law firm Jones Day, and then went on to be an executive at Bristol-Myers Squibb and General Electric before establishing her own law firm, Gershman Law, PLLC, in 2014. In addition to her law practice, Dyan Gershman is a member of numerous organizations, including the New York Women’s Bar Association (NYWBA).

The NYWBA was established in 1934 by a group of women attorneys seeking greater equality for women in the legal profession. Rose Lehman Stein served as its first-ever president and numerous women have since had the honor of holding this position. Below are three of the organization’s past presidents:

1. Jenet Kaplan Brown – Brown was the NYWBA’s second-ever president, serving from 1938-39. She was very active in advocating for the nomination of women Supreme Court Justices in the First Judicial District in New York. In 1942, during WWII, she was chairman of the American Women’s Voluntary Services which, under her guidance, partnered with the NYWBA to establish a legal clinic to support military personnel and their families.

2. Julia Perles – President of the NYWBA from 1951-53, Perles is widely credited for playing a significant role as chair of the committee that brought about the passage of New York State’s equitable distribution law, which went into effect in 1980. This law brought a revolutionary change in the rights of marital partners in New York.

3. Martha E. Gifford – President of the NYWBA from 1994-95, Gifford also founded the NYWBA Foundation, a not-for-profit organization whose goals include eliminating gender bias and other discrimination in the legal system and legal profession and addressing the unmet legal needs of women and children.

New York Women’s Bar Association’s Martha E. Gifford Summer Program

New York Women’s Bar Association
Image: nywba.org

An experienced corporate attorney, Dyan Gershman oversees her own law practice in New York City, Gershman Law, PLLC. For close to three decades, she has provided legal advice in matters such as corporate law, joint ventures, and mergers and acquisitions. Dyan Gershman supplements these responsibilities with membership in multiple professional and nonprofit organizations, including the New York Women’s Bar Association (NYWBA).

Founded in 1934, NYWBA is dedicated to improving women’s status in society, assisting women lawyers in professional development and advancement, and promoting the fair and equal administration of justice. NYWBA pursues these goals through the efforts of its many committees, and through the assessment of judicial candidates. In addition, NYWBA seeks to educate women lawyers and provides a wealth of continuing legal education programs and professional development activities.

Initiatives include the annual Martha E. Gifford Summer Program, which provides insights about what to expect as a woman in the legal profession. Featuring a panel of senior attorneys, the program is geared to law students, new attorneys, summer associates, legal interns, and recruiting coordinators. Discussions are led by law firm partners, local bar association directors, and other industry leaders and authorities. The speakers explore issues that significantly affect women lawyers in the early stages of their careers and share their experiences in government, in-house law departments, and large and small law firms.