Women in law are not wimps. Not the ones that I know. Even in law school, they struck me as outspoken, articulate, and, not infrequently, argumentative. I don't recall too many shrinking violets back then, and I don't see many now.

Yet, women's voices aren't being heard--literally. That seems to be happening both in law school classrooms and in the highest court in the land.

First, on female law students: From a recent study of 26,000 law students at 77 law schools conducted by Indiana University, the Chronicle of Higher Education (hat tip: ABA Blog) reports:

Although nearly half of American law students are women, they are less likely than their male classmates to ask questions in class or to discuss assignments with their professors.

Female law students are also more likely to say they work hard out of a fear of failure or the desire to avoid being embarrassed in front of their peers.

Unfortunately, that reluctance to speak out, coupled with the fear of making mistakes in public, might be crippling women throughout their careers. It could also be a factor as to why so few women have argued in the U.S. Supreme Court.

As The Washington Post reports: "While the high court now has three women on its nine-member bench--the most ever--the justices are still more than five times more likely to hear an argument from a male attorney than from a woman, an Associated Press review shows." In other words, women argue only 15 percent of the high court cases.

Arnold & Porter partner Lisa Blatt (pictured left) made history recently with her latest appearance before the Supreme Court: She's now the record holder among women for arguing the greatest number (30) of cases before the high court (her advocacy style was recently discussed in The National Law Journal).

The Wall Street Journal Law Blog calls Blatt's achievement a "milestone," but cautions, "Let’s put that into perspective: According to the Supreme Court, Blatt is currently 21st in the number of most argued cases among active attorneys. First is Edwin Kneedler, who has been in the solicitor general’s office since the Carter administration, with 111."

So what accounts for the dearth of women before the high court, in Blatt's opinion? She told WSJ: "It’s helpful to enjoy the art of advocacy--verbal combat or verbal jousting. I find it telling that so many woman might be horrified, and you know, wouldn’t want to do it."

Even in the less rarefied world of business litigation, Blatt says, "you see more men than women." Interestingly, Blatt herself gravitated towards appellate practice because she found working as a trial lawyer "draining" and "combative." She also told the WSJ that "[trial] lawyers aren’t nice to one another. At the Supreme Court, everyone is so honorable."

Akin Gump partner Patricia Millett, who's argued 28 cases before the Supreme Court, told The Washington Post: "One of the things I'm most concerned about is women self-select out of the types of things that lead to appellate Supreme Court careers."

Are women muffling their own voices? Or are the powers-that-be just tuning them out? Maybe it's time for women to make a lot more noise.

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