In 1919, the Sex Disqualification (Removal) Act paved the way for female lawyers for the first time in the UK. In the century that has passed the profession has seen an influx of female lawyers and now approximately 60% of all new applicants for entry on the roll are women.
Yet women still account for less than 30% of all Partners in law firms. Given that women outnumber the number of men entering the profession by nearly two to one, how could this be possible?
During my first weeks at my (then) new law firm, I was party to a conversation with my Director during which he expressed his views on part time workers. These are (apparently) mainly women; in their mid-thirties with children, torn between the needs of her children and her job, and can cause “all sorts of problems” during the summer holidays and when the children are ill. “Its not ideal for a secretary; and impossible to be a fee earner and work part-time.”
Now as a woman in early 30’s, married for 3 years, (you can see where this is going) I was quite alarmed my otherwise friendly, kind, liberal minded (sarcastic sh*t) boss had such a views. Whether it was said or not, I took from that conversation that if I was to have a child, and I asked my firm for some flexibility to balance my work and home life, my career would be over.
Eight year of study*, fourteen years in the profession, two professional qualifications – just wasted. My career – over. Just like that. For deciding to have a baby.
(*this sadist is on her way to be duel qualified – CIlex and SRA. I did not take an extraordinary long time to do a law degree)
So why is it then that if a male fee earner gets his other half pregnant, he is taken down the pub to celebrate and given a pay rise but as a woman my career would be over?
There has recently been some change in traditional family roles, with more fathers than before accepting part time work or stay at home parent roles to meet the care needs of the family’s children. However, it still remains the case that more women then men are primary care givers to children.
In 2014, the legislation on flexible working was extended to include all employees – whether or not they are care givers. As a result, a number of firms introduced agile working policies. However, many lawyers are reluctant to exercise their rights to request flexible work, and the legal duties on employees to not only answer, but provide a valid reason if they are not able to say yes. Despite the raft of legislation, some firms still seem hesitant to allow flexible working in the legal profession, and even less actively advertising flexibility in the work place on recruitment.
Therefore, whilst flexible working has been successfully applied in many other industries, even those with similar client facing roles (financial services, for example) many law firms appear not to encourage flexible working and indeed, some seem to covertly campaign against it.
The outdated attitude of some law firms (and I do mean, some) means that many women aged between 35-40 and older, just at the time when they have the skills, experience and ability to become Partners in firms, are forced to vote with their feet and leave the profession.
In the legal profession, it appears that a woman’s ability to have both a career and a family is dependant on the law firm she works for, its attitude towards the modern working world and its understanding of its employees’ needs both in the workplace but also socially and domestically.
Whilst gender equality has come some distance, even in the decade I have worked in the legal practice, there is still some considerable progress required.
Indeed, the challenges facing women in the legal profession no longer appear to be getting a foot in the door. It is staying there.
LL x