The biggest concerns for barristers coming into 2025
Here, barristers from across the country share their insights on the challenges and obstacles those at the Bar will need to navigate and overcome in the forthcoming year.
As the upcoming year approaches, barristers, including Kellie Edwards from 153 Phillip & The List Australia, Sharon Kermath from the Victorian Bar, Francois Salama from 13th Floor St James Hall, and Temple Saville from the Victorian Bar, shared their perspectives on the most pressing challenges they are their peers are likely to encounter in 2025.
While recognising these concerns, the four barristers proposed proactive strategies that should be implemented to address these pressing challenges effectively.
Slow progress on diversity
Kellie Edwards, the recipient of the Barrister of the Year award at the Australian Law Awards 2024, emphasised that the persistent challenges related to gender and cultural diversity within the Bar will remain a significant issue in 2025.
“Senior women at the Bar (and some men) have made great efforts to make the Bar a more welcoming place and a more palatable career choice for female lawyers. However, the reality is there are still more men over 60 at the Bar (681 – 28 per cent) in NSW than women (636 – 26 per cent), let alone young women or people from different ethnic or cultural backgrounds,” Edwards said.
“I think that progress in making the Bar a more welcoming place for people who do not fit the mould has been very slow and, in particular, does not seem to have improved a lot for women very much or very quickly.”
Another significant issue within the profession that Edwards highlighted is the uncomfortable reality of the persistent prevalence of sexual harassment and discrimination.
“In addition, no doubt because of my work in the area, I am all too aware that the prevalence of sexual harassment and discrimination, despite the requirements of Rule 123, it is not the unusual experience it should be,” Edwards said.
Edwards underscored the gravity of this challenge by recounting a personal experience in which a colleague propositioned her during a social event.
“I still remember a senior junior well known in a particular jurisdiction with no knowledge of my work in discrimination law propositioning me at my own floor drinks apropos of nothing.
“No one spoke up. I was left to explain why that was not appropriate behaviour in a way that, in part, made a joke of it so he didn’t have any hard feelings because hard feelings [are] the enemy of any barrister. It is a small profession; people talk,” Edwards said.
While there has been some progress in the representation of junior female barristers, Edwards noted that this evolution is occurring at a much faster pace, indicating that achieving parity may take decades.
“There has no doubt been some progress. For example, junior female barristers now make up 26 per cent of the Bar in NSW, whereas it was only around 21 per cent at that time; it is slow progress. If it takes nine years for every 5 percentage points, it will be around 45 years before there is parity at the Bar. I’ll be 101 when that happens,” Edwards said.
Edwards actively encourages women to consider a career at the Bar, outlining that while it presents its challenges, it is ultimately an enriching path.
“I would say to any young women interested in a career at the Bar: Come! It will be challenging, but you are needed. Also, it is the best job I have ever had,” Edwards said.
Access to justice
Sharon Kermath, a finalist for the Barrister of the Year Award at the Australian Law Awards for the past six years, expressed a significant concern for the upcoming year: the insufficient representation of vulnerable communities within the legal system.
“My concern as a barrister for 2025 is for adequate representation of vulnerable communities in the legal system,” Kermath said.
Kermath argued that adequate funding is crucial for improving access to justice, particularly in vital areas such as family violence and support for Indigenous populations.
“Increased funding for legal assistance services, particularly in areas like family violence and support for Indigenous legal services, is essential for ensuring fair access to justice,” Kermath said.
“This funding could help with the rising cost of living, enabling these services to provide better support and representation.”
By providing additional funding, Kermath noted, marginalised groups will be better positioned to achieve improved outcomes, thereby contributing to a more equitable justice system.
“I believe prioritising these issues will contribute to a more equitable justice system and better outcomes for those in need,” Kermath said.
Mental health pressures
Francois Salama, a finalist for the Barrister of the Year Award at the Australian Law Awards 2024, stressed that the mental health of barristers is a critical issue that warrants the attention of all within the legal profession.
Salama revealed the immense pressure that barristers experience in maintaining a facade of resilience, even as they grapple with various unique personal and professional challenges.
“Barristers feel a certain expectation to be highly resilient and present a confident exterior to the court and clients, yet we are often grappling with so many internal pressures behind the scenes,” Salama said.
“Being self-employed, we have the same pressures as other small-business owners – rising costs of practice, managing cash flow, and increasing pressure to maintain high standards in professional practice. At times, we are so stretched it can feel as though there are not enough hours in the day”.
The isolation inherent in the profession, coupled with the unpredictable nature of work, exacerbates these pressures and makes it challenging for barristers to find time for self-care, Salama explained.
“Barristers are often called upon with short to no notice, and this can compromise making time for oneself and family. Barristers also typically work in isolation with a lack of support structure and resources,” Salama said.
To address these issues, Salama articulated the need for improved support systems and a culture fostering open mental health dialogue. He emphasised that such initiatives are essential to prevent burnout and promote the overall wellbeing of barristers.
“As a profession, we need to do better to support one another and encourage work/life balance to manage stress and avoid burnout,” Salama said.
Work/life balance
Temple Saville, a finalist for the Barrister of the Year Award at the Australian Law Awards 2024, underscored that a pressing issue affecting not only barristers but all legal professionals in the upcoming year is the challenging pursuit of work/life balance.
“Something that is of concern to me for our members in 2025 is the ability to achieve work/life balance, which is a concern for the legal profession generally, not just barristers,” Saville said.
Saville explained that the unpredictable nature of barristers’ workloads significantly complicates their ability to prioritise personal time away from work.
“Our work is demanding and often involves long hours and high-pressure cases, which can lead to stress and burnout. Particular to the Bar is the unpredictable nature of our work and workload, which makes it challenging to prioritise personal time,” Saville said.
To combat this, Saville advocated for mentoring programs that foster a culture of shared experience alongside flexible working arrangements that accommodate both professional success and personal wellbeing.
“To assist in addressing this, mentoring programs are invaluable and create a culture of shared experience which enhances our personal and professional growth,” Saville said.
“In addition to this, flexible working arrangements, such as the continued availability of working from home and online appearances, create an environment that supports both professional success and personal wellbeing.”