For decades, women in professional services like law have faced the so-called “motherhood penalty” – the invisible bias that having children slows career growth, invites scrutiny, or blocks opportunities. But while the landscape has shifted to lessen the extent of such a penalty, two award-winning lawyers note that accommodations for flexibility must still be earned.
Speaking on a recent episode of the Lawyers Weekly Show, Jane Bowes, managing partner at Bowes Legal, and Danielle Keyes, general counsel at NOVA Entertainment Group, explored a question that has long shadowed women in law: does the so-called “motherhood penalty” – the career bias faced by mothers – still hold sway in today’s legal profession?
For Bowes, she shared how motherhood has at times been “seen as a barrier” within law, but she emphasised that this perception is outdated, noting that “it is not, and it definitely is not anymore”.
“When we became mothers, it was at different points in our careers. [Danielle is] obviously quite senior at her top of the field. I was a junior, and I still look back and I don’t know how I survived,” Bowes said.
She reflected on the immense challenges faced by her and other women of her generation, balancing demanding legal careers with motherhood, while noting that today’s female lawyers have far greater flexibility and the option to work from home.
“It was so, so difficult, because there was no flexible working. There was no work-from-home option on a Tuesday. There was no leaving at 4:00pm,” Bowes said.
“I remember I would have to get into the firm. I would drop the kids off at 6:30am, even when they were babies. I would get in at 6:45am, and the agreement was that I could leave at 4:30pm, but then I would always log in and do work later.”
Even seemingly small acts, like leaving on time, drew criticism, Bowes recalled, with colleagues quick to question her commitment.
“Some partner said to me on the way out, ‘Oh, see you later. Off to do the council shift’, you know, insinuating that I was lazy because I was leaving the office at 4:30pm. Meanwhile, he’d been at lunch all afternoon,” Bowes said.
Yet, Bowes is clear that flexibility is something that must be earned through dedication and hard work, not simply granted, and it always comes with the responsibility of doing the work.
“You still have to do the work, you still have to do the time. It’s OK to take the time off, but there are no shortcuts, and it’s not a hindrance,” Bowes said.
“A very great mentor of mine told me that ‘It’s a marathon, not a sprint’. I wish I’d listened to that advice at the time. At the time, [my thinking was that I was] trying to get to where I need to be as fast as possible.”
Danielle Keyes echoed Bowes’ experiences, reflecting on the reality that flexibility doesn’t mean less effort – clients and colleagues still expect you to perform at a high level.
“You’re clinically sleep-deprived, but clients expect you to bring you’re A-game, and at best, you’re on your G-game on a good day,” Keyes said.
Now well established in her legal career, Keyes shared that the flexibility she once lacked is far more accessible today, though she acknowledged it is something she has earned through years of dedication and building trust.
“I certainly am at a kind of point in my career – maybe because I’m almost 20 years PQE now, so I’ve really ridden that wave – where I have so much more flexibility because of my seniority,” Keyes said.
“But I’ve earned my time, my stripes and the trust of the business to be able to be as flexible as I need to be a mother and a lawyer.”