Report shows equitable briefing still a way off

The release of the Law Council of Australia’s first year data from the Equitable Briefing Policy has shown there is still a way to go to meeting their 2020 targets and their commitment for briefing of women barristers.

Grace Ormsby • 30 July 2018 • The Bar

The inaugural Equitable Briefing Policy Annual Report has found over the 2016–17 financial year that women barristers received 20 per cent of total briefs and received 15 per cent of the total fees charged by barristers over the same period.

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Women barristers received 28 per cent of junior barrister briefs, while senior female barristers received only 12 per cent of their respective cohort.

The Equitable Briefing Policy, adopted in 2016, encourages all reasonable endeavours to brief women for entities selecting barristers. The policy aims to see women briefed in at least 30 per cent of all briefs and to receive at least 30 per cent of brief fee values, as part of the Law Council’s measures to “ensure a level playing field for all members of the Australian legal profession”.

Law Council President Morry Bailes concedes there is “obviously a long way to go” to achieve 2020 targets, however he is “greatly buoyed by the enthusiasm for change among the profession.”

“We know that women are graduating from Australian law schools in significantly larger numbers than their male counterparts, yet they make up a lower percentage of barristers (23 per cent in 2015), spend fewer hours in court, and get paid less in fees. As a profession we can and must improve in this area,” he said.

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“The overwhelming majority of large Australian law firms and many of the nation’s biggest corporations have now formally signed onto the Equitable Briefing Policy – over 350 organisations and individuals in all.”

Noting “what gets measured gets managed,” Mr Bailes is encouraged by the trend for junior women barristers, and hopeful of seeing this trend graduate into the senior barrister ranks over time.

He said the Law Council has been working hard alongside constituent bodies and stakeholders within the profession in an effort to boost the retention of women.

“Shifting a longstanding culture will not happen overnight. Yet we are confident that through the conscious efforts of signatories in volunteering to self-regulate, coupled with steadfast regular reporting, we can make a real difference in the coming years.”

Shovel Wednesday, 22 August 2018

Same old stuff being trotted out that doesn’t reflect what’s happening “on the ground”.I don’t see solicitors briefing on gender , I see them deciding who the best person for the particular job out of who is available .

1
Barrister Tuesday, 21 August 2018

I know... let's write a story about how unfair it is for women at the bar, yes brilliant idea ...Is this the only news you can dig up... if that's the quality of your reporting Grace then don't go to the Bar... zzzzzzzzzzzzzzzzz

0
- Anonymous Tuesday, 21 August 2018
  
  Its not really Grace's fault that the Law Council publishes data which doesn't indicate inequality but asserts that it does.
  
  0
Anonymous Tuesday, 31 July 2018

Is this the same survey from a couple of months ago that only received replies from about 30-40% of the Bar? How can one use that survey for anything? Most barristers chose not to complete the survey.

1
A solicitor Tuesday, 31 July 2018

The idea that there is discrimination against female counsel is total hogwash. It is quite the opposite. We are constantly looking for female counsel to act in our matters to satisfy our gender targets. We struggle to do so because anyone good is fully booked and they are elevated to silk and then the bench so quickly. Even so, when a female barrister with semi-relevant expertise has availability they get the brief.

2
SC Monday, 30 July 2018

Wait, what?
Women are 23% of the Bar and got 28% of junior briefs. And want 30% - including 30% senior briefs yet women are about 10% of silk !?!

4
- Anonymous Friday, 10 August 2018
  
  Yep.
  
  They haven’t looked up “equality” in the dictionary recently.
  
  1
Concerned male barrister who a Monday, 30 July 2018

I must be really bad at interpreting data and statistics. If women make up 23% of all barristers and yet they receive @28% of total briefs ... doesn't this demonstrate equity? Or is the Equitable Briefing Policy's aim for women barristers to receive a minimum of 50% of all briefs despite only making up 23% of the profession ... if that is the case, how is that even remotely equitable given the principles of supply and demand? Equality of opportunity is a very different concept to equality of outcomes ... the latter usually discriminates or punishes another group (at no fault of their own). There are numerous occupations that had an over representation of one gender (look no further than nursing and teaching if you want a predominately female occupation example) and there is no doubt that law was one such example where it was predominately men (certainly in those early years ... although the female trailblazers of their day are now mostly judges ... gain demonstrating equality in opportunity). It will take many years for the balance to correct itself as interests change. Given the current number of graduates being female, will an equitable briefing policy come in for men when the pendulum swings too far to the left? I guess time will tell.

2
Barrister Monday, 30 July 2018

Blokes brief blokes. They think it’s on merit. The reality is that a lot of conservative men are uncomfortable seeing women as professional equals. Having a stay at home (underemployed) wife doesn’t help their outlook. Sadly, quite a few women also refuse to brief female barristers, just because they are female.

-9
- Barrister II Monday, 30 July 2018
  
  I am a female barrister, and am briefed regularly by male solicitors as well as female solicitors. This bitter feminist man hating approach like that by 'Barrister' above does nothing for women at the bar. If you are technically good, a decent advocate, get good results and give decent commercial and timely advice you will get the work whatever your sex. Also reports or seminars with raw data reporting are getting quite boring now. If the raw data indicates that there really is a problem, then propose solutions rather than just report on it.
  
  8
  - Solicitor(f) Tuesday, 31 July 2018
    
    I could not have said it better myself. It is the person who does the job properly that gets another brief from the solicitor. The client always comes first for a solicitor. Male or female has nothing to do with it. A solicitor's preference for a female barrister when s/he knows that barrister is not "fit for the purpose" would be acting unprofessionally and unethically.
    
    4
    - Solicitor (M) Friday, 17 August 2018
      
      Completely agree. The best person for the job so that the client can achieve the best outcome. Anything else and you are not acting the interests of the client.
      
      1

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