Employment Law
 
Breaking Away: Women Lawyers Follow Different Paths to the Front Lines Of Employment Law
by Charity Kenyon
 

Charity KenyonA group of Sacramento lawyers find commonality in the different paths that led them to the front lines of employment law. Their clients reward them with assignments and accolades that the most seasoned veteran would be proud to have earned. Most practice in small firms often stereotyped as lacking depth of resources and experience for complex litigation. Most do exclusively defense work. Every generalization has exceptions but one: they are all women and their graduation from law school coincided with the emergence of a new type of employment litigation - litigation based on enforcement of civil rights.

These lawyers share war stories, refer clients, give business development and organization tips, laugh a lot and revel in the success each has enjoyed. Mastery of golf does not seem to be essential - even to those who enjoy the sport.

Terry Wigen of Cook, Brown & Prager LLP saw the potential of meeting regularly with the others. Terry entered the employment law arena with an unabashed desire to "save the world" and see "justice" done. She clerked for the ACLU in law school, working on a groundbreaking drug testing matter. Then, management was the enemy. Little did she expect, fifteen years later, to be representing employers in state and federal courts and administrative proceedings. "I truly believe that I do more good by providing management with appropriate training, prevention techniques and thoughtful advice." When Wigen sees the need, she is the first to take off the gloves, but "collegiality with opposing counsel is the best way to resolve differences and achieve an efficient, cost-effective result for your client. Without it, a lot of time and money is spent fighting for the sake of fighting."

Susan CarlsenAfter becoming a partner, Wigen, with Susan Carlsen, convened the unique networking group to provide interaction and support and to promote business opportunities in the Sacramento area. "I feel a real sense of kinship with those in the group and believe we provide each other not only business opportunities but a wealth of knowledge about law firm management, administration and survival tactics that really need to be shared. I look forward to the crazy stories ("I once had a judge fall asleep during oral argument and wake up just in time to rule against me!"), field trips (bird watching at the Cosumnes River Preserve), frank admissions ("I really don't want to play golf anymore.") and useful advice ("If you're ever in _____ County court, don't wear a jacket that actually matches your skirt, you will be overdressed and people will look strangely at you.").

Vida ThomasSusan Carlsen, with partner Vida Thomas, was about to embark on a new adventure as a two-lawyer partnership, when Carlsen and Wigen began meeting. At the time Carlsen did not know that she and Thomas would be leaving Kronick, Moskovitz, Tiedemann & Girard to form Carlsen Thomas LLP at the end of January 2000. Indeed, she gathered the courage and resolve to break away in the course of meeting with others who had struck out on their own and were still enjoying the respect of the clients whose representation had been so rewarding in larger firm settings.

Says Pat Jaurequi, Human Resources Director of Elk Grove School District, "What I appreciate most is feeling like I am Susan's only client - the expertise, the getting back, the follow through. It's the responsiveness and high quality legal work that make me seek her out professionally for complex cases."

UC Davis School of Law Professor Martha West, who taught Carlsen as a law student and was her client as a member of the Davis School Board, praised Carlsen as both "incredibly smart" and as a hard worker - "just what it takes to be an excellent lawyer."

Carlsen is the first to credit the founders and leaders of KTMG with instilling in her the values by which she and Thomas seek to guide their firm. The pair actually negotiated a statement of the principles they strive to practice by. Serving others is their first priority. "This means your clients, your partners, and all those individuals who work hard every single day to support you and what you believe in." But prominent in the mix is that elusive goal of "balance," which they define as "living a rich, full life that includes work, play, family and friends." So far, with Thomas' one maternity leave under their belts, it's working well for them and their valued clients.

Susan SheridanSusan Sheridan of Sheridan & Carroll LLP provided Carlsen with invaluable know-how that got the phones ringing, the computers running and the clients coming - all at the same time! Sheridan served as managing partner of Knox, Lemmon, Anapolsky & Sheridan before striking out on her own with Sheila Carroll in November 1996. Active with the Chamber of Commerce and Rotary, Sheridan represents both employees and employers, and actually enjoys golf. Initially she questioned "what, if anything, I could bring to the group and what value it could be to me." She has found the business and personal relationships invaluable. "We have developed a group culture and created a network of referrals that has allowed us to do business together and to represent our clients more effectively."

An experienced trial attorney, Sheridan has enjoyed working side by side with Susan Schoenig on employment and corporate matters and has faced a "formidable" opponent in Nancy Sheehan as opposing counsel. In addition to Carlsen, Sheridan has enjoyed counseling Michelle O'Neal and Glenda Reager regarding changes in their careers. "The fact that we can each pick up the phone and call the others to facilitate a process or resolve an issue has been a very satisfying result of our efforts to get to know each other on personal level as well as a professional basis." As far as her clients are concerned, her collegiality and reputation pay dividends. Donna Selnick, of the CSU Office of General Counsel, has a vivid recollection of Sheridan's representing a student who had alleged sexual harassment by a faculty member. "Her willingness and ability to see all sides make her a pleasure to work with, when multiple interests are at stake in a case."

Glenda Reager, then a partner with Hardy Erich Brown & Wilson, expressed her confidence in Sheridan by retaining her to prosecute a lawsuit against one of the area's largest homebuilders. Reager's subsequent career change has taken her to one of the largest law firms in the state: the California Department of Justice.

Michelle Neal took an entirely different path. After having her second child, Neal had to decide whether to return to work full-time as a partner at Littler Mendelson. Wanting to spend more time with her family than a full-time partner work schedule would allow, Michelle chose not to return, without knowing exactly what direction her career would take. As it turned out, two of her partners at Littler, Sandra Disario and Debra Hinshaw, were also looking for a change. All three saw a need for qualified investigators and trainers who would not suffer a conflict of interest in any ensuing employment litigation. They formed Employment Law Counsel, LLP, a law practice that emphasizes workplace investigations and training. They advise both employers and employees of their rights and obligations.

Within months, business was booming for Neal and her partners. In addition to matters for ongoing clients, requests by defense counsel or their clients for workplace investigations or training began pouring in. "When we started getting really busy," recalls Neal, "there were times I was working as many or more hours as when I was working full-time. I had two thoughts-first, this is great for business, and second, I made the right decision not to work full-time at this point in my life!" Employment Law Counsel recently welcomed Mary Lee Thomson, also a former partner at Littler. For Neal, the last two years have flown by, and she is grateful she was able to change paths. Her practice allows her the flexibility she needs with young children at home, and at the same time provides her the opportunity to maintain a legal career at the forefront of employment law.

Susan SchoenigOf the group, Susan Schoenig, is a member of the largest law firm, McDonough Holland & Allen LLP. Her work involves sensitive matters, not only for her numerous clients, but for her law firm, where she heads the Employment Law Section and is a member of the firm's governing board. One of her specialties is investigation of employment discrimination and sexual harassment charges. She often works for public employers who want her to sort out claims involving substantial conflicting evidence. "If there is a valid employee complaint, the employer should know it as soon as possible so that corrective measures can be taken. I don't go into an investigation to take sides. Even though I am hired by a city or county, my job is to give the public agency my best analysis of the facts - even if it hurts."

The first woman partner in a major Sacramento firm, Schoenig is proud of the success women have had in the law. Speaking of the informal networking group, she said, "I've made wonderful new friends. It's great to be able to share life's ups and downs with people you trust and admire. Also, it gives me a great group of attorneys to refer work to. I have had the pleasure of working with both Nancy Sheehan and Susan Sheridan on several matters. They were professional, practical and result oriented, while maintaining a sense of humor - something you do not always find in litigation." That sense of humor and a passion for bicycling help this litigator maintain the perspective critical to a breast cancer survivor who is also active in counseling other women with the disease. It's a winning combination in the eyes of her clients and partners.

Carol LivingstonPerhaps the dean of the group is Carol Livingston, managing partner of Livingston & Mattesich LLP, which she has led from 5 to 25 lawyers and lobbyists. Carol points out that her partner, Rebecca Ceniceros, is an employment attorney who shares the group's characteristics. Ceniceros graduated in 1982 with a law degree from Boalt Hall. She served two years as a law clerk for Lawrence K. Karlton, Chief Judge Emeritus of U.S. District Court, Eastern District of California, then practiced fours years in San Francisco as a plaintiffs' attorney in employment law. She switched to the defense bar and in 1988 joined Livingston & Mattesich. Ceniceros explained the move, "I wanted clients who could pay for high quality legal work, along with the personal, supportive environment of a small firm." Rebecca has built her employment practice by cross selling to the firm's lobbying clients and government contacts. Looking back over the last dozen years, she reflected, "We've managed to maintain a collegial environment while growing large enough to serve our national business clients in more than one capacity. I enjoy the opportunities to represent them before government agencies on tax, license, Prop 65 and other business-to-government issues."

Rebecca CenicerosCeniceros' current large private sector clients include Unilever Corporation and State Farm Insurance. Public sector clients include the Department of Corrections, the Department of Conservation, the CHP, the Department of Justice, and the State Personnel Board. She represented state Assembly members in two highly publicized cases some years ago. Nina Thomson, then Chief Counsel for the Assembly Rules Committee, commented that "Rebecca is the best all around attorney I've seen. She's great with clients, good on her feet, and really effective as a writer. Plus, she keeps getting better."

Finally, Nancy Sheehan of Porter, Scott, Weiberg & Delehant LLP is the master of the humorous insight that cements the group. It seems to rub off. Sacramento County Sheriff Lou Blanas at first claimed he "never heard of her in my life." Then he couldn't stop the flow of praise: "Nancy is without doubt one of the most common sense lawyers who has ever represented the Department. She is thorough and understands law enforcement thoroughly. She has a great personality, is friendly, approachable and has a great sense of humor." For Sheehan the group provides an opportunity to spend time with women who are not only great attorneys but also great people. "It also provides a resource for my clients. If a client needs an investigation done or advice on collective bargaining, I can refer them to other members of the group with confidence."

Nancy SheehanThirteen years ago Sheehan's foray into the world of employment trials had a difficult start. A particle lodged under one contact lens during opening statement in a sexual harassment case, causing her to cry out of one eye. "I had to choose between the mortification of asking for a recess or risking that the jurors would think I was crying about my client's conduct. Putting pride aside I chose the former, tried the case and sent my career in a new direction." She hasn't looked back.

Sheehan has devoted her practice to defending employment litigation ever since. Along the way, she has "found myself saying words in front of a jury that would make my Catholic school teachers wince, learned one should never ask a peace officer client to demonstrate a handcuffing technique on you (it hurts and you are left in an awkward position), and survived a client announcing on the stand that 'maybe we made a mistake' when asked why he terminated the plaintiff's employment." Dennis Shimek, UC Associate Vice Chancellor has the highest praise for Sheehan. "In all my years of experience, which involves hundreds of employment-related suits, from not complex to multimillion dollar claims, if asked who I would want to represent UC, of all the attorneys I could pick, it would be Nancy. Nancy is the most competent, prepared attorney that I've worked with. That includes attorneys from many firms in the Bay Area and in Sacramento. She brings a sense of humor and humanity that makes you feel comfortable and makes you feel she's real, combined with being a super fantastic competent attorney. Whenever I have a tough case, the person I go to is Nancy. She's my number one."

Breaking away, setting the pace, these lawyers are maintaining their positions on the front lines of employment law as best demonstrated by the loyalty of their impressive clients. Less experienced lawyers may be heartened by realizing that potential paths to success in this challenging and competitive field can be not only tremendously varied but also collegial and even fun.

September 2001