Women Criminal Defense Attorneys: What Happens When Women “Opt Out” of the Workforce?

There was a recent article in the New York Times Magazine that came out August 7th which is causing a stir: The Opt-Out Generation Wants Back In.  The article, by Judith Warner, revisits women who decided to leave the workforce ten years ago, and contrasts their current situation with their situation in Lisa Belkin’s original 2003 article in the New York Times Magazine, titled the Opt-Out Revolution.

Warner reached out to nearly two-dozen women that were highlighted in the original Opt-Out article, though many wouldn’t even discuss their current situation openly with her. A corporate lawyer who anonymously discussed how she lost confidence while being unemployed caught my attention. She wouldn’t be identified because she was newly employed and didn’t want to draw attention to her years away from the workforce.  The hierarchy of law is largely based on experience and time in the trenches, so opting out of those experiences would necessarily affect a lawyer’s ability to be marketable.  I am sure this is true in many sectors of business and it is without a doubt a reality in the business of law. And the fact that the law itself is constantly changing makes it that much harder to remain current in any area of law when you have a long absence.

The focus of the article is to explore the consequences for women who were highly educated with promising careers, but who left the workforce to raise children.  It is absolutely worth reading and although the article doesn’t offer an exact answer as to whether these women felt they made the right decision, I think it is clear that the women who left the workforce paid a high professional price.

I also found Lisa Belkin’s take on the new article in the Huffington Post to be interesting. It’s entitled I Wrote the Original Opting-Out- Here’s How Little Has Changed and I thought the lessons she drew from the new article were valuable: First, keep your hands in the workforce rather than leaving the workforce completely, by working part time or consulting.  Second, this is no longer just about women, because men are experiencing the same pressures to balance work and family today as our societal roles are changing some. And third, the workplace needs to (continue to) change and allow for more flexibility for all workers in the workforce.

Unfortunately, in our society women still bear most of the burden associated with child rearing, so the conflicts inherent in juggling children and a profession impact women in higher numbers. In a previous post we discussed a female lawyer highlighted on the Makers website who has created a firm focused on flexible work schedules that is largely staffed by women lawyers…maybe that is the answer to the dilemma.  I don’t think this new discussion offers all the answers but it certainly sheds light on the challenges many women face.  I hope in the near future there will be more flexible opportunities for women and men that want to have a family and a career… so that this discussion becomes a thing of the past.

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Women Criminal Defense Attorneys: Susan Brune Stands Out As a Lawyer and a Leader

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Women Criminal Defense Attorneys: NACDL's Champion Magazine Highlights Women in Criminal Defense