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Women barristers now receiving 30% of briefs

A key target of the Law Council’s Equitable Briefing Policy has finally been reached, with more than three in 10 briefs going to women barristers in FY20.

March 10, 2022 By Jerome Doraisamy
Women barristers now receiving 30% of briefs
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A “significant milestone” has been reached, the Law Council of Australia announced in conjunction with International Women’s Day 2022: following the launching of the Equitable Briefing Policy in 2016, the aim to have women barristers briefed in at least 30 per cent of all matters by 1 July 2020 has been met.

As at the end of the 2019-20 financial year, LCA president Tass Liveris said, 31 per cent of briefs are going to women barristers. 

In the reporting period during FY20, LCA outlined, of the 32,995 total briefs, 31 per cent (10,291) of these briefs went to female barristers and 69 per cent (22,704) went to male barristers.

This exceeds the target from the policy by 1 per cent and represents an increase of 4 percentage points from the previous reporting year.

“Female junior barristers were briefed at an even higher rate, receiving 37 per cent of briefs,” Mr Liveris said.

“This is an important measure as receiving briefs helps junior barristers gain more experience and further develop their legal career.

“We had a similar goal for reducing the gap between fees paid to male and female barristers. While the gap has reduced, unfortunately our aspiration regarding the proportion of fees paid to women barristers was not realised,” he added.

Elsewhere, nearly one in four (23 per cent) of fees reported in FY20 by briefing entities went to women,

“However, it is gratifying that there has been steady improvement in each of the major categories since the policy came into effect. In 2016-2017, only 20 per cent of briefs went to female barristers and the proportion of fees being paid to women barristers stood at just 15 per cent,” Mr Liveris said.

“Beyond the quantitative data, the policy has been effective in drawing attention to issues of gender equity and causing entities to consciously reflect on their briefing practices. The policy continues to provide a strong and motivating base for improving choices, optimising opportunities for practice development and promoting the full use of the independent bar in Australia.”

This all said, Mr Liveris stressed that the legal profession cannot be complacent.

“We are now reviewing the policy to consider improvements we might make to further support the Law Council’s longstanding commitment to a diverse and inclusive legal profession,” he noted. 

Jerome Doraisamy

Jerome Doraisamy is the managing editor of Lawyers Weekly and HR Leader. He is also the author of The Wellness Doctrines book series, an admitted solicitor in New South Wales, and a board director of the Minds Count Foundation.

You can email Jerome at: jerome.doraisamy@momentummedia.com.au 

Comments (7)
  • Avatar
    Whether professional associations like it or not, clients are properly entitled to engage counsel on whatever eccentric basis they wish.
    It is no part of the legitimate function of the various Bar Associations or Law Societies to require or encourage clients to choose their legal representation on the basis of gonads or vaginas (or indeed skin colour, political persuasion or religious adherence).
    It may suit the perceptions of the various associations to do so but, to use an expression which most in the professional associations would barely understand, it is wrong in principle.
    0
  • Avatar
    Ideally, shouldn't the proportion of briefs to female barristers roughly equate to the proportion of barristers that are female? According to the Queensland law society, 26.5% of barristers are female. If this is true nationally, why is that we are aspiring for a bias *toward* any group?
    1
    • Avatar
      Come now Brissie - don't you know that targets don't need to make sense when they favour women? No-one cares that women have outnumbered men in law school entry and graduation for years - they only care about women not being handed judgeships, partnerships, and briefs.
      0
  • Avatar
    When I need a plumber my first question is always "Are 30% of your jobs performed by women?" I ask this because the most important criterion in determining a person’s capacity to perform a job is the individual’s number of X-chromosomes. I see no reason why the legal profession should be any different.
    1
  • Avatar
    Should be at least 50% of briefs and how many invoices sent from those female barristers are being paid on time or at all?
    -1
    • Avatar
      Why?
      What is the reasoning behind a policy that would require briefing based on sex rather than capacity/ability/specialisation?
      And, why "at least'? I would guess that since most entities with equitable briefing policies would be government and big business, most are paid on time.
      1
    • Avatar
      Here’s a novel idea - how about allowing solicitors to brief barristers without having a bureaucrat looking over their shoulders every time they turn around?
      1
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