Ch. 4 Difference C. Women in the Justice System Dealing with Dirty Tricks, Jerks, Strategic or Clueless Sexists)

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Ch. 4 Difference C. Women in the Justice System Dealing with Dirty Tricks, Jerks, Strategic or Clueless Sexists)

“What Would YOU Do?” Prob. 4.7 Orange County Judge, “Are you ready to have your baby? Is it momentarily?... Well, your appearance, Ms. Roberson, leaves a lot to be desired, as far as your clothing is concerned.” (2004 incident) Conduct by male opposing conduct: overt, strategic to throw woman offguard vs. clueless older man?

The Woman Advocate (2d Ed. 2010) Women trial lawyers up against very old archetype (aggressive, effective white male trial lawyer) Research: heightened scrutiny of women litigators, double-standard Catch 22: aggressive women don’t get same advantage as aggressive men, may negatively affect jurors. Anger works for men, not for women.

“Threading the needle” Successful female trial lawyer: -effective, confident, composed, in control and feminine -quiet but commanding confidence, feminine compassion, demeanor denotes calm, matriarchal quality slightly eclipsed by dedicated professionalism. Appears to have family & friends, but work is her passion.

“Threading the needle” Not shrill or aggressive, but assertive Confident w/o being icy, but gives impression that warmth will evaporate quickly if crossed. Professional but clearly takes time with her appearance. Sends NO sexual signals, because she means business on her terms.

Takeaways Be assertive, not aggressive Advantage: superior emotional intelligence Confidence is good, arrogance is bad Importance of first impressions (Malcolm Gladwell, Blink) Carefully measure use of emotions (narrower range permitted for women)