‘The boys’ network remains in full force’: Only 2 per cent of women in legal profession consider there to be true equality
‘The female pupil was expected to make the tea and coffee,’ veteran female barrister tells Maya Oppenheim
Only 2 per cent of women working in the legal profession consider there to be true equality in the sector, a study has found – sparking fresh concern around misogynistic attitudes in the industry.
The poll of 700 female barristers, solicitors and other women in the profession found 58 per cent had either personally suffered sexism from male co-workers or seen others forced to endure chauvinistic comments.
But almost half chose to neither complain nor report the mistreatment due to trepidation around the impact it could have on their career progression.
The study, conducted by The First 100 Years project, a campaign which commemorates the centenary of women taking up careers in law, discovered eight in 10 female lawyers believe it will take two decades or more to attain equality.
But around a quarter said unless progress speeds up it will take a century, while half said it is still easier for men to earn promotions than women.
“Gender discrimination is rife,” a female partner, who chose to remain anonymous, told researchers. “The ‘boys’ network’ remains in full force, excluding women from networking opportunities and bullying them so that they feel inadequate and incapable.”
Adrienne Barnett, who worked as a barrister for 32 years but stopped practising a few years ago, also described the legal profession as an “old boy’s network”.
“A minority of judges were noticeable for being far less critical and more amiable to male barristers than female barristers,” Dr Barnett told The Independent.
“When I started off practising at the bar as a young barrister, it was incredibly sexist. The female pupil was expected to make tea and coffee. Also, women at the criminal bar had to be more like the men than the men, and be really, really tough. When I went to the bar, around 12 per cent were women. At that stage, we weren’t allowed to wear trousers in the court.”
Dr Barnett, who spent 25 years working as a family law barrister but is now a senior lecturer in law who specialises in domestic abuse, said that while there has been improvement, women working in law continue to face barriers.
It is substantially harder for black and minority ethnic women working in the profession, she said.
“It is more difficult for all women to progress up to become a judge or silk. Roughly 50 per cent of young barristers are women, far fewer QCs are women. In terms of general attitudes to women, some judges have a fairly misogynistic view of women generally.”
Dr Barnett said there are issues around providing flexible working and it is hard to catch up as a barrister if you take a year out after having a child.
A report by the Association of Women Barristers released in October found inappropriate behaviour “still abounds” in the industry. The study said there were “comments being made by male barristers about the appearance of female barristers and discussing which female barristers they ‘wanted to shag’.”
More than a third of female lawyers in Britain have been forced to endure sexual harassment, a 2019 study by the International Bar Association titled “Us Too?” found.
Dana Denis-Smith, founder of The First 100 Years, said: “Women working in the law remain highly sceptical about the pace of change in the legal profession.
“Significant numbers are still experiencing harassment in the workplace and are finding their workplaces are failing to accommodate the realities of family life. It is clear that 100 years after women were first permitted to practice, they are still being held back. Progress is proving stubbornly slow.”
Joanna Hardy, a barrister who specialises in crime at Red Lion Chambers in London, hit out at the conduct of male barristers in a series of scathing tweets in February last year.
She said: “Don’t behave like you’re on a stag do. If you’re a male in a male-heavy case, don’t ask the female counsel to fetch the coffee or pour your water. Try to remember their names. Don’t make repetitive jokes about breasts or skirts. Don’t communicate solely in innuendo.
“‘You’re worse than my wife’ is not an acceptable way to conclude a debate about complex legal provisions.”
Ms Hardy argued 9.30am hearings, which are often incompatible with childcare commitments, should be scrapped. Her remarks reignited fury about sexism and harassment in a profession characterised by erratic and lengthy working hours and a competitive climate.
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