Women Solicitors as a Barometer for Problems within the Legal Profession – Time to Put Values before Profits?

Abstract

This article will consider the theoretical explanations for why women are not remaining within and progressing through the ranks of the solicitors' profession in England and Wales. It sets out the findings from a Law Society commissioned project to examine the reasons why women have had a break from practice or chosen to leave the profession. Finally, it considers whether one of the purported strategies used to empower women solicitors ± the business case for equality of opportunity in the solicitors' profession ± is actively working against women and the profession (more broadly), and that only a return to a wider values-based approach to professional identity will meet the criticisms raised by many of the women who participated in this research.

Overlooked and Undervalued: Women in Private Law Practice

“…They distort the labor market and disproportionately place women in inferior positions, where they receive inferior rewards, and are quite capable of defeating "equal opportunity initiatives." The United States is in no way unique; studies in England and Wales (Sommerlad et al 2010), as well as Australia (Thornton 2013, Thornton & Bagust 2007), reveal disparities in promotions and pay of solicitors and barristers linked to gendered structures and masculine culture (Bolton & Muzio 2007Duff & Webley 2004;Sommerlad 2012Sommerlad , p. 2490Sommerlad & Sanderson 1998;Webley & Duff 2007). Many, if not most, law firms assume an "ideal worker" an all-or-nothing employee (Bond et al 2003, Hagan & Kay 2010, Percheski 2008, Stone 2007, Williams 2010 who is free to work very long hours.…”

Judges and Their Work

“…A substantial impediment to 13 female (and other minority) advancement is professional culture, with women penalised for motherhood in a way that men are not for fatherhood. Webley and Duff (2007) argue that only 'a wider values-based approach to professional identity' would change females' position. They found pigeonholing that impeded progression to judicial office by denying female lawyers the same breadth of cases, and appearance before as many judges, as male lawyers, circumstances that ex-military advocates cited to us for their own delayed entry to judicial office.…”

Gender, Judging and Job Satisfaction

“…Lower overall job satisfaction among female lawyers stems from their relative dissatisfaction with ''not having enough influence, promotional opportunity, and financial compensation, rather than wanting a less demanding career'' (Chiu 1998, p. 531;Chiu and Leicht 1999). Such dissatisfaction increases women's propensity to exit from legal practice or change jobs (Dinovitzer et al 2004;Sommerlad 2002;Webley and Duff 2007). These particular aspects of the structure of the workplace and available opportunities cause women more dissatisfaction than men, but the impact is often neutralised in the general question of job satisfaction because of the high levels of satisfaction with the nature of the work, many of the associated tasks and responsibilities and the financial advantages that flow from legal practice for women and men (Hagan and Kay 2007;Sommerlad and Sanderson 1998).…”

“…Some women in the legal profession have also reported experiencing exclusion from social, especially sporting or leisure, events where important information sharing and mentoring occur (Epstein 1981;Feenan 2007;Sommerlad 2002;Sommerlad and Sanderson 1998, pp. 135-149;Webley and Duff 2007). A dominant workplace culture experienced by women as exclusionary and a source of job dissatisfaction can be an important reason for women to exit (Feenan 2005;Sommerlad 2002).…”