Women need greater balance and flexibility to progress

In June 2022 the Law Society of NSW published its final 2021 Annual Profile of Solicitors NSW report. A key finding summarised within this report is that for the fifth consecutive year, female solicitors outnumber male solicitors (54% female to 46% male) in the state. Whilst these figures are to be celebrated; it has to be said that this level of gender equality has been a long time coming. Looking back twenty years to the 2001 data, only 36% of solicitors practicing in NSW were female (compared to 64% male).

These statistics give the perception that the legal professional has delivered on its gender equality target. However, taking a deeper dive into the report, the findings also uncovered that:

There still is disparity in female representation in senior roles less than a third of female solicitors working in private practice were principals of their law practice (29%), compared to more than half of males working in private practice (54%).
The gender pay gap is still alive and well overall, female solicitors reported lower incomes than male solicitors – a greater proportion of female solicitors reported earning less than $150,000 (59%), compared to male solicitors (48%).

Looking at the picture this report paints, we must question – if females are outnumbering males, why aren’t they being represented and rewarded equally?

Barriers that hold women back

Speaking from her own experience, Barrister Chauntelle Ingenito believes there are a number of barriers that hold women back from entering and excelling in the legal profession.

“Being a parent, it is extremely difficult to get into a legal profession which continues to expect 24-hour commitment from a lawyer, and limited flexibility. COVID was incredible in changing the dynamics and expectations of a face in the office being required to ensure productivity of workers, however the legal profession has a long way to go. Due to technological advancement, immediate responses are still expected to communication, instead of a respect of the working hours of people, and importantly, the working hours of parents. I am very lucky at the Bar to be able to have the flexibility to choose my own hours and working days and have the ability to work from home where necessary. I think as the legal profession changes, more women can be encouraged to enter.”

When it comes to parental duties and household commitments that Chauntelle touched on, the latest gender indicators released by the Australian Bureau of Statistics still paints a grim picture. Whilst overall women work less paid hours per week compared to men (32.1 hours vs 39.2 hours), they still carry the highest load when it comes to participation in housework (70%) and a greater number of hours participating in childcare activities (3 hours 34 minutes compared to 2 hours 19 minutes for men). Whilst these figures are a broader view of women at work, it can be surmised that women in the legal industry mirror the same experience.

Women require greater flexibility

Compared to solicitors, the gender gap is even wider when it comes to Barristers. The New South Wales Bar Association has published statistics that show of the 2,420 Barristers practicing in the state, only 25% or 596 people identify as female. Chauntelle believes that the perception women have of the bar, the work and what it entails, is delaying progress when it comes to a more balanced gender split.

“I think that many women are scared of the expectations from being at the Bar. Many women I know who want to come to the Bar are worried about the requirement to work full time hours and days, long weekends and hours. I have managed to maintain a part-time practice this year at the Bar, taking days off to spend time with my infant son, reducing my workload to be able to properly prepare for the next trial, so I am not forced to work weekends and long hours. Of course, sometimes this is required – but this has become the exception instead of the rule. I think once more women realise there is so much flexibility at the Bar, more will join.”

Having said that, law like many other industries was forced to implement more flexible practices throughout the COVID-19 pandemic, which was a great advantage to women.

“When I was called to the Bar, I wanted to focus on family and criminal law as much as possible and was extremely fortunate that COVID-19 had laid pathway for matters to proceed by Microsoft teams (unlike issues in criminal matters where matters did not proceed for a year or so in some cases). In turn, the best part of my first year at the Bar was in family law matters, including trials, which were conducted by Microsoft Teams. This was extremely helpful to me with an infant at home, which meant that I could be home at bed and bath time, instead of missing whole days at a time.”

Everything in balance

Thanks to the disruption of the COVID-19 pandemic, Chauntelle has seen first-hand the benefits of greater flexibility within the legal profession and is an advocate for this trend to continue.

“While COVID was a great time for women in the profession, now we are coming out of the covid fog, the Courts are largely returning to business as usual. In the Local Court of NSW, which embraced online appearances and email adjournments, in person appearances have become the norm again, instead of allowing practitioners that flexibility that COVID times provided. This is a step out of the right direction the legal profession was heading! Email or Online appearances meant not waiting in courthouse lobbies for hours for your matters to be heard for mention, costing clients and practitioners money and time. It also meant working parents could do the school drop off, and still be ready for Court. It also meant regional clients had the benefit of not paying travel time for practitioners – where even from the Sydney CBD to the Western Sydney suburbs can take 2 hours in traffic! It was better for practitioners, clients, and the environment! It is something that should have continued to be embraced, instead of being a distant memory.”

It is evident that greater flexibility will enable women within law to be able to better balance their home and professional responsibilities, whilst ensuring they keep their career momentum.

“There is flexibility in legal practice – it doesn’t all need to be midnight finishes. As practitioners pave the way for flexibility in practice, so does the Court system at all levels. Judicial officers must appreciate that practitioners need flexibility in filing deadlines, appearance availability (particularly with part heard matters), and appearance styles (embracing virtual Court rooms). With these flexible practices in place, we won’t lose so many women to maternity leave, carers leave and other leave when the inflexibility of practice clashes with home life.”