Switzerland – Where are all of your female partners?

No female partners? No problem. Switzerland is traditional, lawyers claim, which is why you don’t see many female lawyers in top positions at independent firms. But the diversity void at top-level partnership may cost Swiss firms dearly in the long run.

Switzerland’s diversity figures are well below the (already low) average of Euro 100 firms. Looking solely at 2015 data, its biggest firms have an average of 3.6 female partners per firm, compared to the overall average of 13.35 across Europe. This has remained largely flat over the two previous years that The Lawyer has compiled diversity data: a 3.2 average in both 2014 and 2013.

With six women partners and a female partnership proportion of 22.2 per cent, Pestalozzi is the most diverse Swiss firm, but women represent less than 8 per cent of the partnership in five of the Swiss firms in the rankings.

“The number of female partners who can serve as a role model and share career development experiences is steadily increasing” Tanja Luginbühl

Compared to other traditional European markets, Switzerland still lags behind. Italy has an average of 12 female partners among its seven Euro 100 firms, while the 12 largest French firms’ average female partners number 27.9. Germany’s 19 firms averaged 15.8 last year.

Austria’s three biggest firms have an average of 9.3, up from the previous year’s 6. But there has been a turnaround – three years ago, the average was 3.3, lower than Switzerland’s. Is the latter country set for an increase?

At top level, Switzerland’s female equity partners paint a bleak picture. Once again, it is at the bottom of the list for diversity, with 2.9 female equity partners on average across firms in the Euro 100. This is below France (11.8), Germany (6.7) and Italy (6). But there is a silver lining: the figure has increased since 2013, when top firms had an average of one female equity partner.

What are the big firms doing to change?

According to Homburger partner Felix Dasser, whose firm has 6 per cent female partnership (two partners out of 33), his firm has “close to 40 per cent [female representation] among associates”. He adds: “For many years, we have been taking steps to motivate female attorneys to stay on partner track. One feature is to offer less-than-100 per cent-partnership positions (75 or 80 per cent) to allow time with children, as the balance between work and children is a major issue in Switzerland.

“This year, two female attorneys (one with children) were promised equity partnership, which under our system will follow almost automatically after another one or two years as senior associates – we will then have four female partners out of 35. Our current two female partners both have young children, acting thus as role models for female associates who want to have children too.”

Dasser says gender diversity “takes much longer than all of us expected” and that diversity is on the agenda for internationally facing Swiss firms. “Law firms are very well aware that diversity, namely but not only gender diversity, is important for a firm to succeed in the future and they do a lot to improve their diversity,” he explains.

At the centre of the Swiss Euro 100 tables with a turnover of €57m, Niederer Kraft & Frey (NKF) has a 12 per cent female partnership (four partners out of 33). Partner Daniel Eisele says that NKF has “already remedied” the lack of diversity at the top level of the firm. “In the last two years, eight new partners were appointed by NKF. Five of them are female lawyers. That says it all.  In our NKF dispute resolution team, the percentage of female associates is in the range of 60-70 per cent. NKF’s gender diversity is not based on quotas, but on merit. For female partners with young children, NKF has a special, highly attractive female partner model.”

Froriep, which has a 13 per cent partnership (or four female partners out of 32 total partners), is “recruiting female lawyers at all levels” to feed the partnership talent pool. At present, it claims that over 50 per cent of its associates are women (or 22 from 42).

Froriep managing partner Catrina Luchsinger Gaehwiler says she was on maternity leave with her first child when she was elected to partnership. “I have been told by quite a few female associates that they really like having me and other female partners around as it gives them confidence that a career at Froriep is possible for a woman,” she adds.

But Swiss working conditions in general mitigate against a healthy work-life balance. “There is a lot of social pressure on mothers to work part-time,” Luchsinger Gaehwiler says. “It is a challenge to combine career and family and it is not a route that everyone is willing to take. Childcare, schools, extra-curricular activities are organised on the assumption that there will be a parent at home most of the time. Also, the tax system is a disincentive to professional working wives.”

Swiss independents: the bigger picture

As the Euro 100 covers the biggest firms by revenue, it may not tell the whole story. Lalive partner Domitille Baizeau, for instance, says her firm boasts 50 per cent female representation at associate level and 30 per cent at partner level.

“The firm has always been very supportive of its female associates and counsel,” she says, “in particular by ensuring that maternity is not perceived as interfering, and does not in fact interfere, with promotion to partnership, by avoiding any salary gap due to gender and by allowing female partners to take on leadership roles. This is in addition to more basic steps such as flexibility on maternity leave and work organisation.”

Lenz & Staehelin partner Tanja Luginbühl says female lawyers represent 40 per cent of her firm. At associate level, they account for 49.6 per cent.

“We are very much committed to the retention and advancement of women attorneys,” Luginbühl says. “Efforts to attract and develop a pipeline of successful women lawyers are made at all levels. We have recruited and promoted women who can serve as role models for the firm’s junior women. In addition, women partners hold leadership positions as practice heads and as chairs or members of our compensation and partner screening committees.”

The firm’s hiring statistics are reviewed annually, Luginbühl explains. “Part-time work arrangements are available on a case-by-case basis. We welcome and support the ongoing peer support and the informal networking that has been established among the female lawyers with a view to exchange information and insights about balancing career and family, childcare arrangements and working part-time.”

According to Baizeau, attitudes are changing in Switzerland. “Switzerland remains very traditional. The gender gap in law firms simply reflects the gender gap at management level in many other businesses. However, mentalities are evolving here also. There is certainly a younger generation of very talented female lawyers who are acutely aware of the issue, are pushing for change and using their network very effectively to do so. These are interesting times.”

Luginbühl agrees. “As many see having a demanding career and having children as being incompatible, there are efforts required to persuade the younger generation,” she says. “The number of female partners who can serve as a role model and share career development experiences is steadily increasing. Another aspect that will help to remedy the current situation is the creation of a culture of true flexibility which supports flexible office and homeworking.”

Find out more about this year’s Euro 100 and its headline figures at: Reports.thelawyer.com. To buy a copy of the Euro 100 2016, contact Richard Edwards (richard.edwards@centaurmedia.com).

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