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Fatherhood, gender and the making of professional identity in large law firms: bringing men into the frame

Published online by Cambridge University Press:  03 July 2018

Richard Collier*
Affiliation:
Newcastle Law School, Newcastle University, UK

Abstract

This paper reframes debates about gender equality in the legal professions by interrogating the practices of men and interconnections between fatherhood, gender and parenting within the specific context of large corporate law firms. Drawing on interviews with male lawyer-fathers, it argues that closer exploration of fatherhood reveals much about the gendered dynamics of identity formation as a legal professional in this sector. A set of ideas about fatherhood, the paper suggests, shape how men's work can define a distinctive gender identity as a ‘family man’ and good lawyer. Political-economic and cultural shifts around fatherhood, however, are reconfiguring and adapting gender relations in law in a number of contradictory ways with implications for understanding the place of men in relation to gender-equality agendas. Ideas about fatherhood, family, work and career, I argue, are mobilised and enmeshed within the reproduction of distinctive law-firm cultures and gendered ideas of organisational commitment. What, in short, might it mean to be both a ‘good father’ and a ‘good lawyer’?

Type
Article
Copyright
Copyright © Cambridge University Press 2018 

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References

Aboim, S (2010) Plural Masculinities. London: Routledge.Google Scholar
Ames, J (2016) Why is the law still mainly male and pale? (Student law, the brief – ‘Let's talk about diversity’), The Times, 18 February.Google Scholar
Ashcraft, KL (2013) The glass slipper: ‘incorporating’ occupational identity in management studies. Academy of Management Review 38, 631.Google Scholar
Ashdown, J (2015) Shaping diversity and inclusion policy within research. Fordham Law Review 85, 22492275.Google Scholar
Asher, R (2011) Shattered: Modern Motherhood and the Illusion of Equality. London: Vintage Books.Google Scholar
Ashley, L (2010) Making a difference? The use (and abuse) of diversity management at the UK's elite law firms. Work, Employment and Society 24, 711727.Google Scholar
Ashley, L and Empson, L (2013) Differentiation and discrimination: understanding social class and social exclusion in leading law firms. Human Relations 66, 219244.Google Scholar
Atkinson, J (2017) Shared parental leave in the UK: can it advance equality by changing fathers into co-parents? International Journal of Law in Context 13, 356368.Google Scholar
Bekkengen, L (2006) Men's parental leave: a manifestation of gender equality or child-orientation. In Gonäs, L and Karlsson, JC (eds), Gender Segregation: Divisions of work in Postindustrial Welfare States. Aldershot: Ashgate.Google Scholar
Blagoev, B, Empsom, L and Ortlieb, R (2017) Overwork, identity and the autonomy/control paradox in professional organizations. Available at https://www.egosnet.org/jart/prj3/egos/main.jart?rel=de&reserve-mode=active&content-id=1499635422149&subtheme_id=1474852915025 (accessed 6 June 2018).Google Scholar
Blair-Loy, M (2003) Competing Devotions: Career and Family among Women Executives. Cambridge, MA: Harvard University Press.Google Scholar
Bostock, J (2014) The Meaning of Success: Insights from Women at Cambridge. Cambridge: Cambridge University Press.Google Scholar
Braithwaite, J (2010) Diversity staff and the dynamics of diversity policy making in large law firms. Legal Ethics 13, 141163.Google Scholar
Brandth, B and Kvande, E (1998) Masculinity and child care: the reconstruction of fathering. The Sociological Review 46, 293313.Google Scholar
Bridges, T and Pascoe, CJ (2014) Hybrid masculinities: new directions in the sociology of men and masculinities. Sociology Compass 8, 246258.Google Scholar
Bullock, L (2016) Young lawyers give up partnership dream, Lawyers Weekly, https://www.lawyersweekly.com.au/news/18358-young-lawyers-give-up-partnership-dream (accessed 6 June 2018).Google Scholar
Buonocore, Porter N (2006) Re-defining Superwoman: an essay on overcoming the ‘maternal wall’ in the legal workplace. Duke Journal of Gender, Law and Policy 13, 5584.Google Scholar
Burgess, A (2007) The Costs and Benefits of Active Fatherhood: Evidence and Insights to Inform the Development of Policy and Practice. London: Fatherhood Institute.Google Scholar
Campbell, B (2013) The End of Equality. London: Seagull Books.Google Scholar
Campbell, I and Charlesworth, S (2012) Salaried lawyers and billable hours: a new perspective from the sociology of work. International Journal of the Legal Profession 19, 89122.Google Scholar
Carlson, D, Grzywacz, J and Zivnuska, S (2009) Is work-family balance more than conflict and enrichment? Human Relations 62, 14591486.Google Scholar
Chan, J (2014) Conceptualising legal culture and lawyering stress. International Journal of the Legal Profession 21, 213232.Google Scholar
Choroszewicz, M (2016) Women attorneys and gendering processes in law firms in Helsinki. Sosiologia 53, 122137.Google Scholar
Chow, EN-L (2003) Gender matters: studying globalisation and social change in the 21st century. International Sociology 18, 443460.Google Scholar
Christensen, K (2005) Achieving work-life balance: strategies for dual-earner families. In Schneider, B and Waite, L (eds), Being Together, Working Apart: Dual-Career Families and the Work-Life Balance. Cambridge: CUP.Google Scholar
Cohen, RB (2017) Can women lawyers ever find equality in Biglaw. Above the Law. Available at http://abovethelaw.com/2017/04/can-women-lawyers-ever-find-equality-in-biglaw/ (accessed 6 June 2018).Google Scholar
Collier, R (1995) Masculinity, Law and the Family. London: Routledge.Google Scholar
Collier, R (2010) Men, Law and Gender: Essays on the ‘Man’ of Law. London: Routledge.Google Scholar
Collier, R (2013) Rethinking men and masculinities in the contemporary legal profession: the example of fatherhood, transnational business masculinities and work-life balance in large law firms. Nevada Law Journal 13, 101130.Google Scholar
Collier, R (2015) Naming men as men in corporate legal practice: gender and the idea of ‘virtually 4/7 commitment’ in law. Fordham Law Review 83, 23472406.Google Scholar
Collier, R (2016) Wellbeing in the legal profession: reflections on recent developments. International Journal of the Legal Profession 23, 4160.Google Scholar
Collier, R and Sheldon, S (2008) Fragmenting Fatherhood. Oxford: Hart.Google Scholar
Coltrane, S (1997) Family Man: Fatherhood, Housework and Gender Equity. Oxford: OUP.Google Scholar
Coltrane, S, Miller, EC, DeHaan, T and Stewart, L (2013) Fathers and the flexibility stigma. Journal of Social Issues 69, 279302.Google Scholar
Conaghan, J and Rittich, K (2005) Introduction: interrogating the work/family divide. In Conaghan, J and Rittich, K (eds), Labour Law, Work and Family: Critical and Comparative Perspectives. Oxford: OUP.Google Scholar
Connell, R (2005) Globalization, imperialism and masculinities. In Kimmel, M, Hearn, J and Connell, RW (eds), Handbook of Men and Masculinities. London: Sage.Google Scholar
Connell, R (2009) A thousand miles from kind: men, masculinities and modern institutions. Journal of Men's Studies 16, 237252.Google Scholar
Connell, R (2010) Lives of the businessmen: reflections on life-history method and contemporary hegemonic masculinity. Österreichische Zeitschrift für Soziologie 35, 5471.Google Scholar
Connell, R (2012) Inside the glass tower: the construction of masculinities in finance capital. In McDonald, P and Jeanes, E (eds), Men, Wage, Work and Family. New York: Routledge.Google Scholar
Connell, R (2014) Global tides: the market world and gender dynamics. Social Currents 1, 512.Google Scholar
Connell, R and Messerschmidt, J (2005) Hegemonic masculinity: rethinking the concept. Gender and Society 19, 829859.Google Scholar
Connell, R and Wood, J (2005) Globalization and business masculinities. Men and Masculinities 7, 347364.Google Scholar
Connelly, T (2017) Reed Smith offers flexi-working option to all London lawyers. Available at https://www.legalcheek.com/2017/04/reed-smith-offers-flexi-working-option-to-all-london-lawyers/ (accessed 6 June 2018).Google Scholar
Cook, ACG, Faulconbridge, JR and Muzio, D (2012) London's legal elite: recruitment through cultural capital and the reproduction of social exclusivity in City professional services fields. Environment and Planning A 44, 17441762.Google Scholar
Crary, J (2013) 24/7: Late Capitalism and the Ends of Sleep. London: Verso.Google Scholar
Cunningham, K (2001) Father time: flexible work arrangements and the law firm's failure of the family. Stanford Law Review 53, 9671008.Google Scholar
Darby, E (2009) No father forward, The Guardian, 17 January, p. 1.Google Scholar
Dermott, E (2001) New fatherhood in practice? Parental leave in the UK. International Journal of Sociology and Social Policy 4, 145164.Google Scholar
Dermott, E (2006) The Effect of Fatherhood on Men's Employment. London: ESRC.Google Scholar
Dermott, E (2008) Intimate Fatherhood: A Sociological Analysis. New York: Routledge.Google Scholar
Dinovitzer, R (2011) The financial rewards of elite status in the legal profession. Law and Social Inquiry 36, 971998.Google Scholar
Doucet, A (2006) Do Men Mother? Fathering, Care and Domestic Responsibility. Toronto: University of Toronto Press.Google Scholar
Dowd, N (2010) The Man Question: Male Subordination and Privilege. New York: NYU Press.Google Scholar
Drew, NM-C, Datta, D and Howieson, J (2015) The holy grail: work-life balance in the legal profession. UNSW Law Journal 38, 288322.Google Scholar
Duff, L and Webley, L (2004) Equality and Diversity: Women Solicitors, Research Study 48, Vol. II: Qualitative Findings and Literature Review. London: Law Society.Google Scholar
Elliott, K (2016) Caring masculinities: theorising and emerging concept. Men and Masculinities 19, 240259.Google Scholar
Engel, GV (1970) Professional autonomy and bureaucratic organization. Administrative Science Quarterly 15, 1221.Google Scholar
Flood, J (1996) Megalawyering in the global order: the cultural, social and economic transformation of global legal practice. International Journal of the Legal Profession 3, 169214.Google Scholar
Flood, M and Howson, R (eds) (2015) Engaging Men in Building Gender Equality. Newcastle: Cambridge Scholars Publishing.Google Scholar
Francis, A and Sommerlad, H (2009) Access to legal work experience and its role in the (re)production of legal professional identity. International Journal of the Legal Profession 16, 6386.Google Scholar
Fredman, S (2014) Reversing roles: bringing men into the frame. International Journal of Law in Context 10, 442459.Google Scholar
Fudge, J (2011) Labour as a ‘fictive commodity’: radically reconceptualising labour law. In Davidov, G and Langille, B (eds), The Idea of Labour Law. Oxford: OUP.Google Scholar
Gilding, M (2010) Motives of the rich and powerful in doing interviews with social scientists. International Sociology 25, 755777.Google Scholar
Goldman, R and Burgess, A (2017) Where's the Daddy? Fathers and Father-Figures in UK Datasets (Condensed Report). Marlborough: Fatherhood Institute.Google Scholar
Green, L (2010) Understanding the Life Course. Cambridge: Polity.Google Scholar
Gregg, M (2010) Work's Intimacy. Cambridge: Polity.Google Scholar
Gregory, A and Milner, S (2009) Editorial: Work-life balance: a matter of choice. Gender, Work and Organization 16, 113.Google Scholar
Gregory, A and Milner, S (2011) What is ‘new’ about fatherhood? The social construction of fatherhood in France and the UK. Men and Masculinities 14, 588606.Google Scholar
Groysberg, B and Abrahams, R (2014) Manage your work, manage your life. Harvard Business Review 92, 5866.Google Scholar
Hakim, C (2004) Key Issues in Women's Work: Female Diversity and the Polarisation of Women's Employment. London: Routledge.Google Scholar
Hanlon, G (1998) Professionalism as enterprise: service class politics and the redefinition of professionalism. Sociology 32, 4363.Google Scholar
Hanlon, N (2012) Masculinities, Care and Equality: Identity and Nurture in Men's Lives. Basingstoke: Palgrave Macmillan.Google Scholar
Hauari, H and Hollingworth, K (2009) Understanding Fathering: Masculinity, Diversity and Change. London: Josepth Rowntree Foundation.Google Scholar
Headworth, S, Nelson, RL, Dinovitzer, R and Wilkins, DB (eds) (2016) Diversity in Practice: Race, Gender and Class in Legal and Professional Careers. Cambridge: Cambridge University Press.Google Scholar
Hearn, J (2015) Men of the World: Genders, Globalizations, Transnational Times. London: Sage.Google Scholar
Hearn, J, Biese, I, Choroszewica, M and Husu, L (2016) Gender diversity and intersectionality in professions and potential professions. In Dent, M, Bourgeault, IL, Denis, J-L and Kuhlmann, E (eds), The Routledge Companion to the Professions and Professionalism. London: Routledge.Google Scholar
Hearn, J, Bragojević, M and Harrison, K (eds) (2012). Rethinking Transnational Men. London: Routledge.Google Scholar
Hinsliff, G (2015) Son, we need to talk … the bitter truth is that something men can't have it all, The Guardian, 6 November, p. 41.Google Scholar
Hobson, B (ed.) (2002) Making Men into Fathers: Men, Masculinities and the Social Politics of Fatherhood. Cambridge: Cambridge University Press.Google Scholar
Hood, J and Golden, S (1996) Beating time/making time: the impact of work scheduling on men's family roles. In Auster, CJ (ed.), The Sociology of Work. Thousand Oaks, CA: Pine Forge Press.Google Scholar
IPPR (2018) The State of Pay: Demystifying the Gender Pay Gap. London: IPPR.Google Scholar
Isaacson, D (2017) Where do we go from here? Big law's struggle with recruiting and retaining female talent. Law.com. Available at http://www.law.com/sites/ali/2017/04/17/where-do-we-go-from-here-big-laws-struggle-with-recruiting-and-retaining-female-talent/?slreturn=20170808042931 (accessed 6 June 2018).Google Scholar
Jackson, D (2016) Exploring Aging Masculinities: The Body, Sexuality and Social Lives. New York: Palgrave Macmillan.Google Scholar
James, G (2009) Mothers and fathers as parents and workers: family friendly employment policies in an era of shifting identities. Journal of Social Welfare and Family Law 31, 271283.Google Scholar
Johansson, T and Klinth, R (2008) Caring fathers: the ideology of gender equality and masculine positions. Men and Masculinities 11, 4262.Google Scholar
Junior Lawyers Division (2018a) Resilience and Wellbeing Survey Report. London: Law Society.Google Scholar
Junior Lawyers Division (2018b) Supporting Resilience and Wellbeing in the Workplace: Guidance for Best Practice. London: Law Society.Google Scholar
Kay, F, Alarie, S and Adjei, J (2013) Leaving private practice: how organisational context, time pressures and structural inflexibilities shape departures from private law practice. Indiana Journal of Global Legal Studies 20, 12231260.Google Scholar
Keate, G (2014) Executive quit after daughter gave him a list of missed milestones, The Times, 26 September, p. 11.Google Scholar
Kugelberg, C (2006) Constructing the deviant other: mothering and fathering at the workplace. Gender, Work and Organization 3, 152173.Google Scholar
Kumra, S (2015) Busy doing nothing: an exploration of the disconnect between gender equity issues faced by large law firms in the United kingdom and the diversity management initiatives devised to address them. Fordham Law Review 83, 22772299.Google Scholar
Longlands, H (2014) Men, masculinities and fatherhood in global finance: a study of hegemonic practices in London, thesis submitted for the degree of Doctor of Philosophy, Institute of Education, University of London, February.Google Scholar
Madrid, S (2013) Getting into the lives of ruling class men: conceptual problems: methodological solutions. In Pini, B and Pease, B (eds), Men, Masculinities and Methodologies. Basingstoke: Palgrave Macmillan.Google Scholar
Madrid, S (2017) ‘The good night kiss’: fatherhood among corporate managers and the reconfiguration of hegemonic masculinity in Chile. NORMA: International Journal of Masculinity Studies 12, 240255.Google Scholar
Marsiglio, W and Pleck, JH (2005) Fatherhood and masculinities. In Kimmel, MS, Hearn, J and Connell, RW (eds), Handbook of Studies of Masculinities. London: Sage.Google Scholar
Marsiglio, W, Roy, K and Litton Fox, G (eds) (2005) Situated Fathering: A Focus on Physical and Social Spaces. Oxford: Rowman and Littlefield.Google Scholar
McGlynn, C (1998) The Woman Lawyer. Oxford: OUP.Google Scholar
McQueen, F (2017) Male emotionality: ‘boys don't cry’ versus ‘it's good to talk’. NORMA: International Journal for Masculinity Studies 12, 205219.Google Scholar
Miller, T (2011) Making Sense of Fatherhood: Gender, Caring and Work. Cambridge: Cambridge University Press.Google Scholar
Morgan, D (1996) Family Connections: An Introduction to Family Studies. London: Polity.Google Scholar
Mossman, MJ (2006) The First Women Lawyers: A Comparative Study of Gender, Law and the Legal Professions. Oxford: Hart.Google Scholar
Muzio, D and Tomlinson, J (2012) Researching gender and diversity in contemporary professions and professional organizations. Gender Work and Organization 19, 455466.Google Scholar
Neuberger Lord (2014) Rainbow Lecture on Diversity 2014, House of Commons, 12 March. Available at http://supremecourt.uk/docs/speech-140312.pdf (accessed 6 June 2018).Google Scholar
Nicolson, D and Webb, J (2005) Public rules and private values: fractured profession(alism)s and institutional ethics. International Journal of the Legal Profession 12, 165172.Google Scholar
Parker, C (2014) The ‘moral panic’ over psychological wellbeing in the legal profession: a personal or political ethical response? University of New South Wales Law Journal 37, 11031141.Google Scholar
Pinnington, A and Sandberg, J (2013) Lawyers professional careers: increasing women's inclusion in the partnership of law firms. Gender, Work and Organization 20, 616631.Google Scholar
Plickert, G and Hagan, J (2011) Professional work and the timing of family formation among young lawyers in US and German cities. International Journal of the Legal Profession 18, 237261.Google Scholar
Ranson, G (2012) Men, paid employment and family responsibilities: conceptualizing the ‘working father’. Gender Work and Organization 19, 741761.Google Scholar
Rhode, D (2001) Balanced lives: Changing the Culture of Legal Practice. Chicago: American Bar Foundation.Google Scholar
Rimmer, E (2015) The harsh reality of a long hours culture, Legal Week, 24 April.Google Scholar
Rudman, L and Mescher, K (2013) Penalizing men who request a family leave: is flexibility stigma a femininity stigma? Journal of Social Issues 69, 322340.Google Scholar
Ruspini, E and Crespi, I (2016) Balancing Work and Family in a Changing Society: The Fathers’ Perspective. London: Palgrave.Google Scholar
Sandberg, J and Pinnington, A (2009) Professional competence as ways of being: an existential ontological perspective. Journal of Management Studies 46, 11381170.Google Scholar
Schultz, U and Shaw, G (eds) (2008) Women in the World's Legal Professions. Oxford: Hart.Google Scholar
Schultz, U and Shaw, G (eds) (2013) Gender and judging: overview and synthesis. In Schultz, U and Shaw, G (eds), Gender and Judging. Oxford: Hart.Google Scholar
Silius, H (2003) Making sense of gender in the study of the legal profession. International Journal of the Legal Profession 10, 135148.Google Scholar
Sommerlad, H (1996) The myth of feminization: women and cultural change in the legal profession. International Journal of the Legal Profession 1, 3153.Google Scholar
Sommerlad, H (2002) Women solicitors in a fractured profession. International Journal of the Legal Profession 9, 213234.Google Scholar
Sommerlad, H (2007) Researching and theorizing the processes of professional identity formation. Journal of Law and Society 34, 190217.Google Scholar
Sommerlad, H (2010) Minorities, merit and misrecognition in the globalized profession. Fordham Law Review 80, 24812512.Google Scholar
Sommerlad, H (2016) ‘A pit to put women in’: professionalism, work intensification, sexualisation and work–life balance in the legal profession in England and Wales. International Journal of the Legal Profession 23, 6182.Google Scholar
Sommerlad, H and Sanderson, P (1998) Gender Choice and Commitment: Women Solicitors in England and Wales and the Struggle for Equal Status. Aldershot: Ashgate.Google Scholar
Sommerlad, H, Webley, L, Duff, L, Muzio, D and Tomlinson, J (2010) Diversity in the Legal Profession in England and Wales: A Qualitative Study of Barriers and Individual Choices. London: Legal Services Board.Google Scholar
Stanley, K (2005) Daddy Dearest? Active Fatherhood and Public Policy. London: IPPR.Google Scholar
Stewart, A (2011) Gender, Law and Justice in a Global Market. Cambridge: CUP.Google Scholar
Sturm, SP (1997) From Gladiators to problem solvers: connecting conversations about women, the academy and the legal profession. Duke Journal of Gender, Law and Gender 4, 119147.Google Scholar
Thornton, M (1988) Authority and corporeality: the conundrum for women in law. Feminist Legal Studies 6, 147.Google Scholar
Thornton, M (1996) Dissonance and Distrust: Women in the Legal Profession. Oxford: Oxford University Press.Google Scholar
Thornton, M (2014) Hyper-competitiveness or a balanced life? Gendered discourses in the globalisation of Australian law firms. Legal Ethics 17, 153176.Google Scholar
Thornton, M (2016a) Squeezing the life out of lawyers: legal practice in the market embrace. Griffith Law Review 25, 471491.Google Scholar
Thornton, M (2016b) The flexible cyborg: work-life balance in legal practice. Sydney Law Review 38, 121.Google Scholar
Thornton, M (2016c) Work/life or work/work? Corporate legal practice in the twenty-first century. International Journal of the Legal Profession 23, 1339.Google Scholar
Thornton, M and Bagust, J (2007) The gender trap: flexible work incorporate legal practice. Osgoode Hall Law Journal 45, 773811.Google Scholar
Tienari, J, Vaara, E and Meriläinen, S (2010) Becoming an international man: top manager masculinities in the making of a multinational corporation. Equal Opportunities International 29, 3852.Google Scholar
Townsend, N (2002) The Package Deal: Marriage, Work and Fatherhood in Men's Lives. Philadelphia: Temple University Press.Google Scholar
Turkle, S (2011) Alone Together: Why We Expect More from Technology and Less from Each Other. New York: Basic Books.Google Scholar
Vas, S, Forshaw, M and Grogan, S (2016) Men's experiences of middle-age: an interpretative phenomenological analysis. NORMA: International Journal for Masculinity Studies 11, 7188.Google Scholar
Wajcman, J (2015) Pressed for Time: The Acceleration of life in Digital Capitalism. Chicago: University of Chicago Press.Google Scholar
Wald, E (2010) Glass ceilings and dead ends: professional ideologies, gender stereotypes and the future of women lawyers at large law firms. Fordham Law Review 78, 22452288.Google Scholar
Wallace, J (2006) Work commitment in the legal profession: a study of baby boomers and Generation Xers. International Journal of the Legal Profession 13, 137151.Google Scholar
Webley, L (2015) Legal professional de(re)regulation, equality, and inclusion, and the contested space of professionalism within the legal market in England and Wales. Fordham Law Review 83, 23492367.Google Scholar
Webley, L and Duff, E (2007) Women solicitors as a barometer for problems in the legal profession – time to put values before profits? Journal of Law and Society 34, 374402.Google Scholar
Weldon-Johns, M (2016) From modern workplaces to modern families – re-envisioning the work-family concept. Journal of Social Welfare and Family Law 37, 395415.Google Scholar
Wimmer, A and Schiller, NG (2002) Methodological nationalism and beyond: nation-state building, migration and the social sciences. Global Networks 2, 301334.Google Scholar