Leadership in Maritime Law Firms: The Antwerp Case


Year

Men

Women

Total

2012–2013

915 (40 %)

1,389 (60 %)

2,304

2013–2014

969 (41 %)

1,419 (59 %)

2,388



As highlighted Table 2, female students graduating from the Advanced Master in Transport and Maritime Law of the UA, make up 50 % regarding the academic year 2013–2014. In the previous 2 academic years, they made up, respectively, 72 and 75 %.


Table 2
Enrollment percentages, Advanced Master in Transport & Maritime Law at the University of Antwerp
































Year

Men (%)

Women (%)

2009–2010

65

35

2010–2011

39

61

2011–2012

25

75

2012–2013

29

71

2013–2014

50

50

Female students tend to surpass their male peers in terms of grades. However, concerning the highest performers, female students are under-represented. Moreover, as one climbs higher up the academic ladder, from assistantships to PhD’s, to independent academic staff, the percentage of women decreases steadily (Wyckaert 2006).

Furthermore, data collected from the Bar association indicate that women still form a minority regarding the total number of lawyers. Nevertheless, their participation is steadily growing. Currently, first-year female trainees outnumber their male counterparts in Antwerp. Although empirical evidence is lacking, female attrition rates are presumed to be significantly higher than those of male colleagues. In the fall 2013, 63 female trainees and 45 male trainees, embarked on their legal career at the Antwerp bar. Fifty-eight percent of the first-year trainees thus consist of women. The combined percentages of first- to third-year trainees currently registered at the Antwerp bar, demonstrates a ratio of 189 female trainees (63 %), compared to 113 male trainees (37 %). The Flemish Bar reports there were in total, 5,814 male lawyers (58 %) and 4,280 female lawyers (42 %) active in Flanders in 2012. Since 2000, 473 (51 %) female lawyers, compared to 470 male lawyers (49 %), have quit practicing at the Antwerp bar. Given that the participation of women has only recently dramatically increased, these percentages suggest that attrition rates among young women are disproportionately high. This is consistent with Dutch research pointing towards highest attrition rates among female lawyers below the age of 35 (De Haas 2006).

Lastly, data were collected regarding Antwerp’s 15 maritime law firms (Table 3). Only those who made maritime law their main area of practice were included. Lawyers within these firms, whom are not practicing maritime law as their main area of practice, were filtered out. Consequently, the ratio of male to female maritime lawyers entails 68–17, i.e., 80–20 %. The percentage of female maritime lawyers is markedly lower than the percentage of female lawyers prevailing in firms practicing other branches of law. The ratio of male to female partners at said maritime firms imparts yet another picture, being 34 male partners to 3 female partners. Only a baffling 8 % of the maritime women break through to partnership.


Table 3
Maritime law firms in Antwerp






















































































































Firm

Male lawyers

Female lawyers

Male partners

Female partners

1. Roosendaal Keyzer

8

1

4

0

2. Fransen Luyten

7

1

3

0

3. Ambos

3

1

1

1

4. Van Doosselaere

6

0

2

0

5. Ponet

7

1

3

0

6. Van Hemelen, Bettens & De Cocker

5

0

3

0

7. Clijmans

2

1

1

0

8. Navius

2

0

2

0

9. Kegels Co

6

3

2

0

10. Elegis

5

1

3

0

11. Marcon Rubens

7

3

4

0

12. Metis

2

3

1

2

13. D’Hoine & McKay

4

2

2

0

14. In-port lawyers

2

0

1

0

15. Goemans & De Scheemaecker

2

1

2

0

Total

68

17

34

3

Percentage

80 %

20 %

92 %

8 %

Hypotheses were derived from the literature review in Section 1, on female underrepresentation in the maritime sector and on impediments to female lawyers’ leadership. A questionnaire was developed aimed at testing whether the combined hypotheses apply to the maritime law firms in Antwerp. The questionnaire was partly modelled after the 2010 National Association of Women Lawyers (NAWL) Survey on the retention and promotion of women in law firms (Scharf and Sanders Netties 2004; Scharf et al. 2009). In particular, the questionnaire tested for the following (Scharf and Flom 2010).

First, the rationale for female under-representation was questioned. Particular interest is drawn by whether lawyers attribute gender differences to inherently female or external factors. It was investigated whether female under-representation is attributed to factors such as availability, capabilities and commitment. Secondly, the extent to which traditional gender roles help account for and reinforce low female participation, were examined. It was also explored whether workplace structures and demands are rooted in traditional gender roles, and whether they are flexible. Availability of flexible work hours, part-time work and child-care facilities were investigated. Also, the extent to which there are objective standards for appraisal, hiring and rewards were gauged. Third, it was explored whether (female) role models, mentors and support networks are provided. Fourth, it was examined to what extent the shipping environment, i.e., clients, in which participating lawyers operate, is still male dominated. It was gauged whether female participation is a requisite for profitability and whether clients compel for diversity. Fifth, the extent to which women are currently “rainmakers” within Antwerp’s maritime law firms was inquired, as well as the opportunities given to them to achieve such status. Opportunities given to develop client relations, levels of responsibility and opportunities given to advance to, inter alia, partnership, were measured. Furthermore, the extent to which women are held to higher standards and perceived to be less competent was examined. It was also explored whether female participants report having to conform to male standards and work environments, and even having to prove themselves. Lastly, the perception of low female participation is a problem and the priority attached to remedying the problem was gauged.

The questionnaire was disseminated to nearly 60 Maritime Lawyers in Antwerp, out of which 31 participated. The response rate was 52 %. The percentage of women participating was 32 %, or 10 females. Most questionnaires were conducted in writing, whereas a few occurred orally, so as to give some nuances.

Two female participants (20 %) advanced to partnership. The results thus reflect a selection bias, given that only 8 % of all Antwerp’s female maritime lawyers advanced to partnership during their professional career. Next, only two female participants are above the age of 40. Of the remaining 7 women, 4 are below the age of 27 and 3 constitute trainees. One female participant had already completely quit practicing due to a burn-out, whereas two of the women below age 27 are about to quit practice within a year.

The percentage of participating men entails 68 %, or 21 male attorneys. Eight participants are above the age of 40, or nearly 40 %. Again, a selection bias was present, given that the response rate among the younger male attorneys was considerably higher. In reality, more male lawyers are above the age of 40 than suggested by the results.



4 Findings



4.1 General Observations


The results suggest that the majority (80 %) of the female maritime attorneys are below the age of 40, compared to 60 % of the males. However, the male percentage is believed to be even lower, given the selection bias towards young male participants. This suggests that women have only recently begun joining maritime firms in greater numbers. Some of the in-depth interviews with older lawyers confirmed the changing dynamic. Likewise, it suggests that female attrition rates are substantially higher than those of male counterparts. A half of the female participants below the age of 30 said that they would be withdrawing from a career as a maritime lawyer within a year. Some participants pointed out that female trainees often tend to quit after a few years, either switching to other branches of law, or embarking on an in-house legal career. This suggestion is plausible, given the high percentages of female law graduates and female trainees at the bar, gradually decreasing as these women progress in their careers. The high attrition rates among young, female, maritime lawyers is not easy to explain, as most of these women do not have family lives yet. Dutch research suggests that these withdrawing women display a lack of self-confidence, which is indispensable for the lawyer’s profession (De Haas 2006). This paper argues that although future empirical research is required, one cannot only blame women.

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