The great exodus
When I started writing this feature, I thought it would be like any other. Without getting emotionally involved, I’d briefly introduce the problems, discuss them a little using quotes and statistics, and provide the possible solutions, before tying it up with a neat little conclusory bow.
That’s not what happened. I got caught up in the stories and the figures. There’s no single answer to why women and minorities are leaving the legal profession in droves and there’s no simple way to halt it.
We think of the legal profession as traditional, but still forward-looking and willing to adapt. Why then have one in three women been sexually harassed in a workplace context? Why is the legal profession in the UK plagued by a “culture of fear” around reporting sexual harassment and bullying? And why does the pay gap still exist? These are questions I want answers to.
"Women I know who are leaving the law are doing so because they don’t feel that they can be themselves within the legal industry." Jayne Durden, Acuitis Consulting
So, instead of a “normal” feature where I set out the options to solve the problem, I’ve decided instead to provide the stories of women, both named and unnamed, who have experienced discrimination, harassment and bullying. Backed up with statistics, this should hopefully highlight the issues at the heart of this dilemma and show this is not a problem for a select few.
An insidious issue
“When I first graduated, it was common for my firm to have Friday night drinks with the partners. This was basically a way to socialise with the partners and be seen—because this was largely how work was allocated.
“Combine that with a lot of alcohol and … nothing good happened,” says Jayne Durden, founder of Acuitis Consulting.
That’s not her only story, but it’s one that sadly rings true for many.
She adds: “At the same firm I was once asked to come to a client meeting (I was so flattered) and told to ‘wear that red skirt of yours because the client will like it’ (I was crushed).
“Later, when I came into a client meeting, I was asked to take the coffee order, completely undermining the role I thought I had in leading one aspect of work for this client.”
Two in five of the respondents to WIPR’s survey said they’ve felt discriminated against during their time in the legal profession. Only 14% of those who felt discriminated against reported the discrimination. For those who do report, the consequences can be grim.
“I reported it, but not officially. I spoke about it with a department head but I refused to file a formal report as those involved in the discrimination were involved in decisions affecting whether I would be promoted,” says one respondent.
Another adds that even though she did report the discrimination, nothing was done. She says: “I was told they would do an investigation, but all the investigation included was talking to the person the complaint was made against and it turned into a ‘he said, she said’ situation.
“With the other person being senior, the firm took their side.”
Jean Lee, president and CEO of Minority Corporate Counsel Association (MCCA) in the US, believes this is almost par for the course for the majority of minority lawyers. “No-one will ever talk about it openly, because it’s detrimental to your career,” she says.
She’s echoed by a lawyer from South Africa, who knows of people who believe they’ve been discriminated against but didn’t report because they felt they wouldn’t be taken seriously, were likely to be victimised, or that reporting would be detrimental to their careers.
“The way forward for them was to leave the profession,” she adds.
And, while the #MeToo movement against sexual harassment and assault has made impressive strides to raise awareness and empower women, it’s not enough.
The UK’s legal profession is plagued by a “culture of fear” around reporting sexual harassment and bullying, according to the Association of Women Barristers in a 2019 report.
"Law firms are looking for ways to improve because clients are demanding it. If clients don’t demand it, why change whatdoesn’t appear to be broken?" Jean Lee, MCCA
Co-authored by Lynne Townley, lecturer at the City Law School, University of London and circuit judge Katy Kaul, “Moving towards a zero-tolerance attitude to harassment and bullying at the Bar” followed a roundtable during which participants said they’d observed several practices which “created an atmosphere that permitted harassment and bullying to thrive”.
Townley knows of many cases of discrimination. “One student was quizzed about her ethnic background to such an extent during a scholarship interview that she is considering leaving the profession,” she recalls.
She adds that bullying and harassment play a part in the retention of women and black, Asian, and minority ethnic (BAME) people at the Bar.
“Women and ethnic minorities are under-represented in relation to the proportion they are in society and will remain so for many years to come. For instance, there are fewer than 35 BAME women in silk—out of around 1,700 in silk at the present time,” she adds.
