Report highlights inequality at Bar

A report that shows that less than one in 10 silks is female has prompted a senior barrister to slam continuing discrimination against the briefing of women barristers.

Justin Whealing • 06 September 2012 • SME Law

Australian Women Lawyers (AWL) compiled a report that shows that only 7.92 per cent of all practising silks in Australia are female. Speaking to Lawyers Weekly, AWL president Kate Ashmor (pictured) described the low number of female silks as “astonishing” and said it demonstrates that the Bar has a long way to go before it achieves gender equality.

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In discussing the report’s finding with Lawyers Weekly, Caroline Kirton SC, the chair of the Gender & Diversity Committee at the Victorian Bar, said female barristers would continue to face barriers to achieving silk while they continued to be overlooked for briefs at the expense of male barristers.

“Frankly, there does remain a stereotypical gender bias in relation to women,” said Kirton. “I have sat back and watched this over the last 22 years and there is very serious discrimination in terms of briefing women.

“Until that sort of thing changes within the culture of the profession and women are briefed regularly and are earning enough money and are appearing more regularly; I think that will be the main thing to enable change.”

In 2009, a report by the Law Council of Australia (LCA) showed that while female barristers appear in statistically the same proportions as they exist at the Bar, on average, male barristers appear for significantly longer periods of time when compared to female barristers (3.8 hours for males, 2.8 hours for females).

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The LCA report also found that private practice law firms are far more likely to brief male barristers than female barristers, particularly when compared to government agencies.

Not replenishing the Bar
The AWL report highlighted that the appointment of senior female barristers to judicial positions was also eroding the number of senior female members at the Bar.

“The challenge we face is the hemaeoraging of [female] counsel to the bench in various states,” said Ashmor. “The challenge for the respective states and territories is to keep ahead of this trend and to ensure there is sufficient growth in the numbers of women being made silk, so when they do head off to the bench they don’t go backwards.”

In responding to the AWL report, the Australian Bar Association (ABA) cited female bench appointments as a prime reason why silk numbers for women are still so low.

“Many women who are appointed as silks are soon appointed as judges. This is a good thing,” said Craig Colvin SC, the president of the ABA. “But it has the consequence that women silks are being lost to the judiciary at a faster rate than men.”

Colvin said there is “no doubt” more women silks are needed. However, he dismissed the notion there is discrimination against women when applying for silk.

“It is about ensuring that there are more women at the Bar and that they are mentored, encouraged and supported to ensure they have access to the senior work which enables women with the abilities to be appointed as senior counsel to progress to that role,” he said. “It is a matter that the Bar takes seriously.”

While Kirton applauded the LCA for conducting research into the low number of female silks, she said the ABA “should really be doing a lot more”.

Molly Wednesday, 10 October 2012

Yes, the only work they get is low-paid government work, that's the point. You do not seriously suggest all male barristers are better than all female ones, do you?

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Molly Wednesday, 10 October 2012

Lovely if you can afford to. With a a sick husband & 2 kids, that's not an option. Don't assume everyone has YOUR choices available to them, and assume the high moral ground. Also, which chambers permit barristers to share a room/expenses & work part-time? Which solicitors like that? Which clients accept that & brief them? None? I thought so...

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Molly Wednesday, 10 October 2012

Isn't the real answer that men need to pull their weight domestically, with kids & housework, and not assume their career is more important than their female partner's?

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David Thursday, 20 September 2012

Jim, I see you leave my reference to unfair prosecution of NSW Doctors alone, and that is telling. ... Jim, so Justice Einfeld presented a false statement in Court, and that is a crime ? Maybe it is, I don't know. It appears the legal profession is so certain of what a criminal is, and are very quick to say he is a bad guy, and we are good guys. ... Justice Einfeld didn't invite himself into the Court, he was taken there by a very enthusiastic Prosecutor, who wanted to get a high profile and successful person and bring him to his knees, and certainly the Prosecution was not about protecting the public or anyone else. In this pressure situation Justice Einfeld made the wrong call, and that is probably because he, in his mind, had too much to lose, to do otherwise. Every Court i have been in, every time, the prosecution witness lies, exaggerates and presents themselves as a victim in Oral Evidence and Written statements, ... also the Professional witness lies and makes up false scientific nonsense in Oral Evidence and Written statements, and the Court Lawyers join in, and sign off on everything. ... So, if we are going after liars and cheats in Courts, please let us go after everyone and line every one up, because I will really enjoy (momentarily) the look on their faces, when we Prosecute tens of thousands of these people. ... One more thing, the precedent case used against Justice Einfeld, was about the use of false statements or declarations for organised criminal business activities and money-making ... Justice Einfeld didn't do this, his offence was for a single purpose, and in the end was only to harm one person, and that was himself, ... so he shouldn't have been incarcerated. Why didn't he get a suspended sentence? No need to answer that, I know the answer to that question.

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Darryl Burnett Wednesday, 19 September 2012

Most men I know are tired of the continual complaining about this alleged discrimination. The major reason for the lack of female silks is that many senior women are appointed to the bench at a relatively early stage of their careers. Are men permitted to complain about the apparent disproportionate number of females appointed to the bench ? You can't have it both ways. If there is a policy to get more females on the bench this will logically mean less female silks unless you start appointing women silks who are not worthy and we wouldn't want that .

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Bris lawyer Wednesday, 19 September 2012

Last year 2 of 3 silks appointed in Queensland were female even though women at the bar make up less than 1 in 3 barristers. There clearly is gender discrimination in Australia - bioth in terms of silk and the judiciary and the discrimination is pro female and anti male.

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Shovel Wednesday, 19 September 2012

Attempts to acheive gender equity have resulted in female barristers being breifed only so some government agency can tick a box.The same women get briefed despite some of them being woefull. The NSW silk process is now a pathetic joke thanks to the devaluation acheived by giving it to women whose only work is for govt agencies who have to brief them.They then engage in cronyism that would make an Burmese general blush with lots of photo ops hanging around Bar Association functions & then whinge that there is not enough of them! You can't be serious. The real problem for women with ability is being lumped in with relentless & shameless self promoters with limited actual forensic skill. Every time there is a dialogue about gender the same thing stuff gets trotted out by female lawyers. You cant expect the rest of the profession to just ignore the long line of blatant examples of gender being used as an excuse to ignore merit.

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Genderless Wednesday, 19 September 2012

Real equality is like chasing a chimera. The sooner the left get over it the better. The problem with 'ensuring equality' is that there are simply too many interests to take into account. What about people from ethnic minority groups for example? What is supposed to be done at the lack of representation at the bar of Aborigines or people of Chinese descent? While education might be improved, ultimately, individual effort and determination trumps any affirmative action policy.

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Jim Wednesday, 19 September 2012

Come on David. Justice Einfeld -is- a criminal. I don't see where you're heading with that reference. 

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Cynic Friday, 07 September 2012

I think it is a mistake for any men or women lawyers to be seeking better child care so they can stick their kids in the care of others while they pursue their careers. I am a male lawyer who changed my entire work life balance so that I could spend more time with my kids. I now work 20 hours a week make and make a lot less money but I get to spend heaps of time with my kids, I drop them off at school and go to school excursions. That is the direction the legal profession should be trying to head instead of the endless pursuit of fame and fortune at your kids expense. Kids aren't something to be "managed" - they are a blessing to be enjoyed.

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