women and the legal profession Flashcards
(34 cards)
Francis quote on gender
‘gender is clearly a significant category of disadvantage, and the subordination of women within the legal practice has been well documented’
Lord Neurbeurger (recent examples of debate around gender)
“what we need is a change in culture” - solicitors with family responsibilities inevitably work fewer hours and lose out to “obsessive testosterone men” who work 24/7
but those with more balanced lives can be more effective at their job and arguably able to bring more to the firm.
100 plus firms statistics (long road ahead) - plus general stat
only two out of 100 have 50% female partners
female lawyers made up over 50% entering into legal profession but not progressing to higher roles.
2014 statistics on women in legal profession
47% female trainees
24% female partners
newspaper example of sexism in workplace
barrister faced serious backlash after speaking out over sexist complimentary remark made by solicitor on linkedin; facing “career suicide”
women not being taken seriously enough to progress further in their profession = we should be grateful for what men have “allowed” us to participate in already
Defining terms (formally we have these, but how far do we have them substantively?)
EQUALITY:
equality = idea seeks to ensure individuals or group of are treated fairly and equally and not less favourably to their particular needs - dichotomy between formal equality and substantive equality can be seen in legal profession: on the surface the cultural setting of the workplace and entry into the legal prof reflects equal opportunity but equality within institution itself has not been successfully addressed.
- equality might not be as relevant in university context and in access to legal education/qualifications, but does it matter in judiciary panel?
Defining terms (formally we have these, but how far do we have them substantively?)
DIVERSITY:
Diversity = importance of need to recognise, respect and value people’s differences to contribute & realise their full potential.
- promotion of this in legal profession can offer a wide range of resources, skills, ideas and energy to the business providing a ‘competitive edge’
- Law firms will also reap the benefits of resourcing from a ‘wider pool of talent’, improving productivity and raise profile.
Advantages of both equality and diversity
- in a diverse society these professions and social institutions should better reflect the ‘reality’ of society and this would in turn promote the legitimacy of law firms (particularly judicial diversity - where decisions and precedents are set that ultimately impact society as a whole for decades after)
- Law has been marked as setting an example to society; a profession that does not accommodate child care and flexible working could have devastating effects for individuals and society as a whole as the law is presenting a position that does not reflect the reality that the majority face.
What is a profession?
trait model = idea that there is something inherently special about professional knowledge that makes it distinct from other fields of work
market control approaches = sees professionalism as a way of organising and controlling certain areas of work (i.e. regulating sizes of a profession)
Examples of stratification (Sullivan) - areas of work
BAD
women have been noted to more likely work in community orientated and lower paid fields (e.g. family, employment & benefits)
Examples of stratification (DCA) - early career choices
BAD
areas of law designated for women heightened by fact people are directed towards these areas at early stages of career. - this is used as possibly explanation for narrowing pool from which applicants are selected for silk and judiciary.
Examples of stratification (sullivan) - judiciary
BAD
women reluctant to apply for judiciary due to perceived lack of flexibility it offers (usually ones burdened with family responsibilities) - female judges agree, talented women are lost to the profession due to its unwillingness to offer flexible ways of working.
Berrymans Lace Mawer firm (example of flexible working positive)
firm has highest proportion of female partners in top 100 = 35% - this is attributed to firm’s focus on defendant insurance work, which allows greater flexibility in time management and availability of part-time working arrangements to partners.
shows positivity of flexibility in fragmenting stratification)
(issue with Berryman Lace Mawer)
survey by King’s college London & Association of Women’s solicitors
found that half of women lawyers considered that solicitors who took up flexible working were “viewed as less serious about their careers” and has negative effects on promotion aspects.
Stats of stratification (the times)
women make up 51% joining legal profession but only 26% in judiciary
Stratification quote (Sullivan)
passive barrier
‘the culture of the profession creates a passive barrier for females’
e.g. networking seen as an essential requirement for progression in the profession and often involves women participating in male past times (golf) and are often told about after-hour events they may not be able to go to because of family commitments
NETWORKING EVENTS REQUIRE WOMEN TO ASSUME GENDERED ROLES
examples of fragmentation (Law Society + Sullivan) - diversity
GOOD
a greater increase in diversity of legal profession after research from law society concluded that large law firms indirectly discriminated against ethnic minority students by selecting trainees on basis of the higher education institution they attended and so indirectly their social background.
Sullivan reported BME students had higher desire to fit in when picking universities so avoided red brick universities despite their potential and academic ability
Fragmentation (Francis) - expansion of lawyers
GOOD
there has been an expansion in number of lawyers available and work opportunities from living in an increasingly legalised society.
Fragmentation (Francis) volume of work available
GOOD
increase in sheer volume of law/litigation/regulation - growth and complexity in legislation governing all aspects of social life provides an abundance of diverse legal work that requires a diverse selection of lawyers
(BUT, who gets what job? discrimination on who work assigned to)
Fragmentation (Francis) - rise of salaried employment
GOOD
rise of salaried employment over past two decades after move from solo practice to firms - providing more flexibility to be implemented in the workplace.
Solo practice historically male dominated and so movement to firms where there is an increased pressure to promote diversity and equality has arguably helped to brighten the prospect of today’s young females joining the legal profession
Fragmentation (Francis) - positive of early career choice
GOOD
increasing specialisation from early on in career could provide more opportunities for women to progress further in particular areas of law that they dominate
(but stratification)
Brief history of women in the legal profession (two spheres + thornton and McGlynn critique)
women associated with PRIVATE sphere and professions as part of PUBLIC sphere (mainly male)
the separation of male and female into these spheres was justified on assumption of biological difference between the two as outlined by Thornton.
women faced the “womb-brain” dilemma” - McGlynn
Bebb v Law Society (history of women in LP)
graduated oxford with first in jurisprudence and was rejected registration as a trainee solicitor because she was not a ‘person’ under the Solicitors act 1843 for these purposes
sought declaration to be declared person within meaning of act and case dismissed on grounds she was incapable because of her sex & unless relevant laws changed.
Since Bebb v Law Society (progress)
1919 sex discrimination act = remove legal barriers to women entering profession
transformation focus on female solicitors and since 1984 has grown tenfold.
