The Role of and Support for Women within the Legal Profession - Essay Example

Critically Assess the Role Of and Support for Women within the Legal Profession Practicing at the Bar is not a profession in the UK. Instead it is a way of life. The professional has to be available all the time. They need to respond immediately and if they are at home they have to travel all the way to the office, if required. In addition, they have to work late hours and on weekends. They have to forego their holidays to meet the demands of their profession. They do not have any employment rights and have no fixed working hours. The profession demands self reliance and often this may lead to selfishness. Therefore women who have family commitments view it as being disastrous for them, despite obtaining external assistance1. The stress and unregulated working conditions make most of the skilled and talented women to leave the profession or to take up insignificant jobs in the Chambers. However there are some women who have accommodated themselves to the demands of the job, as well as their family commitments. Such women are maintaining a high profile life in the UK. In order to achieve that status, women have to pay a high price. Furthermore, if women manage to survive in the profession and have a busy practice, they may not find it possible to build social networks. Moreover, they will experience social disintegration or exclusion2. In general people consider the profession of a lawyer to be lucrative and a provider of fame to the professional. However the reality is that the legal profession influences the life of lawyers both emotionally and physiologically. There are chances of emotional depression and physical breakdowns. Female lawyers are more vulnerable to anorexia and depression. They are more prone to lose emotional balance, which would end up in their leaving the profession. The legal profession requires a lawyer to prove one’s capability all the time in all cases. The practice of ranking lawyers based on their performance by law firms compels female lawyers to compete and thereby place themselves under great stress to prove their ability. Furthermore, law firms do not support or provide help to the needy lawyers working in their organizations3. There is an increase in the number of women who are participating in the legal profession. The statistics disclose that nearly thirty percent of lawyers in the United Kingdom are women. They comprise of twenty – nine percent in the category of self – employed barristers. In the field of employed barristers they make up nearly forty – four percent. This is expected to increase further in the coming years. For instance, in the 2003 – 2004 Bar nearly half of the barristers were women. In the practicing solicitors group, forty percent of the solicitors are women. Since last decade the majority of solicitors had been women, and they comprise fifty – seven percent of the total solicitors admitted in the year 2003 – 20044. The present situation in the United Kingdom is that the law agencies are reducing the working hours in their offices to attract a greater number of female lawyers. Moreover, the law firms are introducing a friendlier atmosphere in their office, in order to accommodate female lawyers. This is because the number of women in the legal profession is on the increase. Law firms are forced to design working policies that suit the needs of women. Qualified female lawyers are increasing day by day. Their number has doubled since 19955. Most of the qualified women lawyers are below the age of forty – five years. This age amongst the qualified male lawyers is more than forty – five years. It was an established fact that, previously, women could not accommodate themselves in this profession, because of the long working hours, which entailed considerable difficult in meeting the demands of their family life6. There were several instances, in which, some of the female lawyers had left their profession altogether to spend time with their family. This situation is gradually changing as the law firms are offering tailor made jobs for female lawyers. Since, the number of qualified female lawyers is on the increase, the law firms have to make available suitable working conditions for women, or else they have to risk losing eligible candidates7. Law firms have recognized the need of the hour, and are offering more flexible work policies to attract female lawyers. Forty – two percent of the total qualified solicitors are women. Sixty percent of all trainees are women. In the past, the legal profession was heavily dominated by men, but times are changing and there a sizeable number of women in the legal profession. Modern women are willing to join the legal industry, which makes it no longer the exclusive preserve of the male lawyers8. The Law Society of Scotland and the Equal Opportunities Commission, Scotland had jointly conducted a research study. This research study had revealed that there are several issues, which have to be addressed by the Law Society and the Equal Opportunities Commission. These issues include the inequality of pay for men and women throughout their career in the legal profession. Equal status was attained between men and women in a few cases. However attaining equal status is a difficult task. The study revealed that the matters relating to equality are more complex and cannot be generalized with regard to gender and performance in the legal profession9. In a survey carried out by the Equal Opportunities Commission Scotland, it was revealed that the available flexible work conditions and the part – time arrangements were ineffective. Although the employers had implemented several employee – friendly working arrangements, they were not meeting the varied needs of the employees, irrespective of whether they were men or women. Some of these policies offer paid maternity and paternity leaves to employees. Some offer part time work schedules. Paternity leave is not available in all the firms. Similarly there is a lack of crèche facilities to the mothers and childcare facilities. However private organizations are not adhering to these policies10. The legal profession is required to set out certain standards, which ensure that salary structures are fair and transparent. It is also important to ensure that the difference in salaries for similar jobs should have justification. The identification of the disparity in salaries for the same job was highlighted by this research study. The Law Society and the Equal Opportunities Commission are presently engaged in finding a way to fill in the gap. According to Rowena Arshad, Commissioner of the EOC; Scotland is one of the few countries that have women participation in the legal profession. This research study will be instrumental in drawing out a clear picture of the progress of women in this field. It will identify their needs and the Law Society is readying itself to meet their needs. It is also forging ahead in creating positive workplace conditions and integrating them with the changes in the society. Furthermore the EOC is attempting to enforce the equal pay for equal work principle in this legal profession, thereby attempting to eradicate the gender bias11. The highest court in the United Kingdom is the House of Lords. It is a fact that until now no woman has ever been appointed to this court. The House of Lords as suggested by its very name is a male dominated court where there is no room for a woman. However, there are seven woman High Court judges in the UK. The senior most woman judge is in the Court of Appeal. Therefore the representation of women in the group of the most senior judiciary law enforcing officials is only six percent. This was one percent in the year 1989. Since then only five women were appointed as senior judges. Combining all the principal judicial offices, women make up just eleven percent of the judicial officers or judges. On descending this hierarchy there is an improvement, as the participation of women in the lower courts is greater12. In 1992, the Bar Council and the Lord Chancellor’s Department conducted research studies, which revealed that women were underprivileged in several ways. Women were overlooked in appointments to the bar and judicial offices. This clearly established that they had been deprived of their chances in this profession. The study also suggested that there was institutional discrimination against women in the bar. Women were disadvantaged by the judicial appointment process. In the 1991 study conducted by the Law Society it was established that the chances of getting promoted to judges for women are very few and considerably less than that of men. In the South East regions, women have to wait two additional years to get promoted even if they are qualified to the same extent as men, to the post of a judge13. The outcomes of the study clearly indicated that although women were stepping into the legal profession and had many years of experience in that field, they could not get promotions to the higher posts, like the men. In the year 1998 more than fourteen percent of the female barristers had fifteen years or more, experience. However, only six percent out of them could become members of the Queens Counsel. Therefore the contention that women will progress to the senior most posts in the legal profession is impractical and out of touch with the reality. This scenario establishes the fact that the legal profession is no different from the other professions, as far as women are concerned. There is a need to remove the barriers that hinder the judicial appointments of women14. The 2004 DCA Consultation Paper discussed the attrition rate in the legal profession. It argued that women had the tendency to leave the profession much before they became a judge. The legal profession does not support women who try to obtain judicial appointments. This problem is mostly faced by solicitors. The lack of professional support forces most of the solicitors to opt for a partnership or to apply for the post of a deputy district judge or recorder. At present the legal profession has greater diversity than the judiciary. Studying law at the universities is cost – effective. Most women are discouraged by expensive university education. The entry of women in this profession is also a costly affair. The UK Association for woman judges claimed that only those who excelled in the Bar had the opportunity to assume jobs in the High Court bench. Candidates for the Circuit Bench were those who had practiced in the Bar. Further practice in the Bar is difficult and prevents women from proving their mettle. Proving ability in the bar is very difficult for women. Women have to meet their house hold responsibilities such as pregnancy, raising children, looking after their old parents or relatives and supporting their partners15. If sufficient time is given for women to gain experience and proficiency they will become eligible for promotion to a senior level. This will increase the number of women participating in public life. Lord MacKay, the former Lord Chancellor had claimed that there should be adequate development for women in the legal profession, which will boost their participation in the judiciary. However, this argument cannot justify the presence of fewer women judges16. Although the representation of women Lawyers in the UK is satisfactory, their professional development and achievement of important positions is much less in comparison to that of the males in the same profession. This is caused by reasons, like the lack of support from the profession and family burdens. In order to address these problems, the legal profession has to make suitable changes; so that women feel welcome. This will serve to increase the number of women lawyers. Bibliography 1. BBC NEWS. 26 June 2007. ‘I felt hunted and alone’ – lawyer. March 1, 2008. 2. Department for Constitutional Affairs. The Legal Services Consultative Panel Advice to the Secretary of State on The Legal Profession: Entry, retention and competition. 29 February 2008. 3. Lawyers Weekly Online. 28 November 2006. Law firms rethink long-hours culture to attract women to legal profession. 1 March 2008. 4. Penny Darbyshire, Keith James Eddey, 2005. Darbyshire on the English Legal System. Published 2005. Sweet & Maxwell. ISBN 0421901500. 5. Taylor & Francis. Feminist perspectives on public law. 2006. Cavendish Publishing. ISBN 1843142228 6. The Journal Online. November 2005. Comment from the Equal Opportunities Commission. March 1, 2008. 7. The Law Society of Scotland. 9 November 2005. Women In the Legal Profession Research Launched. March 1, 2008. Read More