“The masculine energy, I think, is good, and obviously, society has plenty of that, but I think that corporate culture was really trying to get away from it,” Zuckerberg told Rogan in an episode published earlier this month.

“I think having a culture that celebrates the aggression a bit more has its own merits. It’s one thing to say we want to be welcoming and make a good environment for everyone, and I think it’s another to basically say that masculinity is bad.”

Zuckerberg’s comments follow from a long string of similar claims presented by powerful corporate entities lashing out against DEI policies. And, yesterday Australian time (Tuesday, 21 January), returning US President Donald Trump signed the “Ending radical and wasteful government DEI programs and preferencing” executive order, rescinding an order from his predecessor, Joe Biden, promoting diversity, equity, and inclusion (DEI) in federal workplaces, which terminated all DEI offices, positions, action plans, initiatives, and programs.

At least one law firm managing partner is worried that the “broification” of corporations will undo decades of progress in the workplace. However, numerous BigLaw firms in Australia have confirmed to this brand that they have no intention of winding back their own DEI initiatives. Senior in-house lawyers have also commented on the key roles law departments have to play in ensuring the good work done by their businesses is “not undone”.

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‘Disappointing’ comments

Australian Women Lawyers (AWL) president Renee Bianchi, a Sydney-based barrister, said that in the context of the legal profession, Zuckerberg’s reference to “masculine energy” could be interpreted to mean “an emphasis on lawyers being more aggressive, but also the exclusion of women from social spaces, for example by engaging in social functions at men’s-only clubs”.

In recent years, she said on AWL’s behalf, many in the legal profession have worked towards making the law a more inclusive place for all people, “including by dialling down unnecessary and unproductive aggression in legal communications and advocacy”.

“It is the view of Australian Women Lawyers that the adoption of Zuckerberg’s ‘masculine energy’ in a legal context would be a backward step for women, for equality and diversity, and for the legal profession generally,” she said.

Carroll & O’Dea partner Hayley Aldrich, who won the Excellence Award in 2021 at the Women in Law Awards, labelled Zuckerberg’s comments “disappointing, yet wholly unsurprising” in the apparent attribution of aggression in the workplace as “a necessity to being successful”.

Aldrich – whose practice sees her represent victims of historical sexual, physical, and emotional abuses in litigation and compensation claims – noted that, from a trauma-informed workplace perspective, “acting aggressively just for the sake of doing so, does not assist in resolving matters or protect vulnerable clients, and runs the risk of matters not resolving, and incurring extensive costs”.

Expectations of women

Gallant Law principal and director Lauren Cassimatis, who is also the founder and chair of support group Connecting Lawyer Mums, pointed out that the expectations the legal profession has of women in the workplace, “whether as employees, leaders, entrepreneurs, or employers, are inconsistent”.

“On one hand, if you’re ‘masculine’ in your approach (pragmatic, forthright, brazen, etc.), then you’re ‘too unkind, aggressive and lacking in empathy’ as a woman. But if you’re ‘feminine’ (compassionate, patient, nurturing), you’re ‘too emotional, soft and weak’,” she said.

“And, there appears to be an undercurrent of fear of women ‘playing in a man’s space’ and succeeding.”

So, Cassimastis asked, “if we are to cultivate a ‘bro culture’ in law firms, what are the expectations of women exactly?”

“What will we need to do to ‘get it right’?”

Much to celebrate

The face of the legal profession, Lander & Rogers partner and Women’s Legal Service Queensland president Genevieve Dee reflected, has been “steadily changing for over a decade, and a more diverse profession is something to be celebrated”.

“Diversity in the profession not only builds public trust and confidence in the justice system, but leads to improved legal outcomes,” she said.

“If we focus on a ‘bro culture’, we risk marginalising anyone who cannot conform to traditional masculine stereotypes and ignoring the valuable contribution diversity of experience and leadership offers in our workplaces.”

This then leads, Dee posited, to unequal opportunities for career advancement, ongoing challenges with gender pay disparity, and a lack of diversity in senior leadership positions.

“What we know is that the future for the profession is bright and diverse,” she said.

“It cannot rely solely upon one demographic or one leadership style. A successful profession thrives upon experience and perspectives as broad as the community the profession serves.”