The long-standing expectation that women should perform as if they do not have children while simultaneously parenting as though they do not have careers continues to influence women in the legal profession. According to Sarah Mannion, the current president of MothersEsquire, many law firms express support for working mothers publicly but fail to follow through with meaningful action. This ongoing disparity demonstrates that the “motherhood penalty” remains firmly embedded within the legal field. As this penalty becomes more widely acknowledged, efforts such as the Mansfield Rule have emerged to encourage reform, and economists have begun identifying the subtle wage differences tied directly to motherhood.
The narrative surrounding “work and family” persists throughout the legal sector, fueled largely by the demanding culture of practicing law. A global consulting study that followed professionals for 18 hours concluded that stalled career advancement among women can often be traced to an entrenched culture of overwork. While heavy workloads affect many legal professionals, mothers are disproportionately impacted by an environment that rewards constant availability. This culture not only reinforces existing gender inequalities but often forces mothers into career-limiting accommodations so they can manage the dual expectations of work and family life.
Once women become mothers, they are frequently encouraged to shift to reduced schedules or transition into internal roles—changes that may seem supportive but ultimately hinder long-term advancement. Although these accommodations are intended to benefit mothers, they lose value when they create new disadvantages for the very individuals they aim to support.
Recent statistics highlight both progress and challenges. An ABA report from 2023 revealed that women made up 56.2% of law students and 41% of practicing lawyers in the United States. However, women accounted for only 28% of law firm partners. Research by attorney and director Sharon Rowan found that persistent work-life imbalance, unconscious bias, and ongoing wage gaps contribute heavily to women leaving the practice altogether. She concluded that women remain in firms where they feel valued, acknowledged, and respected beyond their professional roles.
Growing attention is also being paid to the wage gap created by the motherhood penalty. Studies indicate that mothers receive lower initial salary offers than women without children, while fathers often benefit from a “fatherhood bonus,” with earnings rising after having children. This contrast is often rooted in positive assumptions about fatherhood and outdated perceptions of mothers in the workforce. Greater salary transparency and a shift in societal attitudes may help reduce these disparities.
One former professor shared her own experience with this challenge, explaining how returning from maternity leave was met with immediate demands from a senior male partner who overlooked the realities of new parenthood. This conflict ultimately pushed her to establish her own firm, a decision driven by resilience but also by a systemic issue that no mother should feel forced to confront.
The challenge also manifests in what many call the “returnity” crisis—when women return from maternity leave to environments that have only grown more demanding, leaving them to navigate intensified responsibilities alongside unchanged expectations.
A promising response to these issues is the Mansfield Rule, named after Arabella Mansfield, the first female lawyer in the United States. This national initiative evaluates whether law firms consider at least 30% women, lawyers of color, LGBTQ+ lawyers, and lawyers with disabilities when making leadership, hiring, and promotion decisions. In 2023, Diversity Lab announced that over 240 firms had earned certification, signaling a growing commitment to addressing disparities within the profession.