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Inequitable briefing, power play, a culture of fear... age-old problems that can have a devastating impact on retention rates. The Association of Women Barristers sets out six measures to maintain the gender balance and enable staying for silk
By Lynne Townley and Nikki Alderson
Recent surveys by the Bar Council and the International Bar Association have reported that harassment and bullying at the Bar (and the wider legal profession internationally) were not only prevalent, but on the rise. With retention rates of women at the Bar falling dramatically at around five and ten years’ call, these findings were of particular concern to the Association of Women Barristers (AWB).
In order to ascertain the nature and extent of the problem, the AWB convened two roundtable discussion groups to ascertain how bullying and harassment was affecting the profession and to consider what could be done about it. The findings, published in a report at the end of 2019, were eye-opening to such an extent that they received widespread attention in the mainstream media (In the Age of Us Too: Moving Towards a Zero-Tolerance Attitude to Harassment and Bullying at the Bar: bit.ly/3aEljzW). It became clear that a macho culture was still alive and well in the profession and that under-represented groups at the Bar, such as women and those from Black, Asian and Minority Ethnic (BAME) backgrounds, were disproportionately affected by harassment, bullying, and other inappropriate behaviours.
While we recognise that some of the changes required are necessarily at a regulatory or institutional level, everyone has a role to play. Change is long overdue and essential if, as the Chair of the Bar, Amanda Pinto QC, commented in the preface of the AWB report, we are to build ‘a better, more inclusive and sustainable profession’.
We offer the following suggestions for some quick wins where individuals can help to make a difference:
1. Organise a training session to raise awareness about the effects of bullying and harassment and other damaging behaviours, such as unconscious bias: The AWB has recently worked with Raggi Kotak, a barrister who trains in process work, a facilitation method for conflict and change (read Raggi’s article in the January 2020 issue of Counsel).
2. Lobby chambers to adopt more flexible policies around maternity and parental leave: For example, the introduction of a freeze on flat rate rent arrangements/reduced rent or offering short-term interest-free loans for those returning after extended career breaks.
3. Consider investing in coaching to boost confidence, mindset and resilience: Training can help us identify whether our words, thoughts and behaviour are supporting positive outcomes and enable us to cope with the effects of damaging behaviours. Nikki Alderson has recently delivered empowerment coaching workshops for female barristers and worked with organisations like the AWB, Women In Criminal Law, The Midland Circuit Women’s Forum, and Women in the Law UK.
4. Become a male champion or offer to mentor a more junior barrister: The AWB recently organised a successful mentoring scheme which also served to underpin its #HeForSheAtTheBar Twitter campaign.
5. Challenge the stigma around mental health: Make colleagues aware of the resources available to help barristers, such as Law Care, Wellbeing at the Bar, and the re-launched confidential helpline supporting barristers facing inappropriate or discriminatory behaviour (0800 169 2040).
6. Promote Talk To Spot: The Bar Council’s online tool allows barristers to record and, if they want, report inappropriate behaviour, bullying, harassment and discrimination at the Bar and Bench. Potential users can rest assured that they retain sole control of any information recorded on Spot.
One of the co-authors of this article, Nikki Alderson, has had first-hand experience about how inappropriate behaviours and unsupportive working practices can adversely impact upon female barristers, particularly those with young families.
Nikki has written about her experiences in her book Raising the Bar and told Sky News in January 2020 how she received a last-minute ‘return’ in a serious and complex sexual abuse case when she was seven months pregnant with her third child. The papers, more than two feet deep, the pink brief ribbon barely holding them together due to their sheer weight and volume, were couriered to her home address late after close of business. The brief contained no indictment, no opening note, no case summary and there were several complainant DVD recordings of evidence to view. Her husband worked away, her other children were just 1 and 2.5 years old and she had to be ready for a clean start the next morning in a distant court.
She also recalled how her request for an ‘eased back in’ return to work, having been out of court for 12 months on maternity leave, was interpreted as a free-for-all on any case, anytime, anywhere. Within 48 hours of her return, she was given the following briefs: a wounding with intent case where the defendant had broken a glass and twisted it into the face of the complainant who consequently suffered life-changing injuries; a murder trial; and a rape trial where the client was just 13 years old.
As a pupil Nikki was told by a judge that ‘your argument is worse than that of a child in a school playground’. Senior practitioners present at the time offered a supportive ear and remarked specifically about the unfairness of the comment, and agreed it had been designed to humiliate. However, the judge continued to behave in this way towards Nikki unchallenged throughout her 16 years practising at the Bar.
Following on from these experiences, Nikki set up her coaching practice to empower female lawyers and support the retention of female talent. Finding strategies to deal with inappropriate behaviour and maintaining healthy boundaries around work/life balance are key.
Lynne Townley is a barrister and lecturer on the BPTC at City Law School, University of London. She is the Chair of the Association of Women Barristers. Twitter: @Lynne_Townley.
Nikki Alderson is a former criminal barrister. She is now a specialist coach supporting chambers and law firms to attract, retain and elevate female talent within the legal profession and empowering female lawyers to achieve career ambitions: www.nikkialdersoncoaching.com. She is also a keynote speaker, author of Raising the Bar: empowering female lawyers through coaching and tweets as @NikkiAlderson2.
Recent surveys by the Bar Council and the International Bar Association have reported that harassment and bullying at the Bar (and the wider legal profession internationally) were not only prevalent, but on the rise. With retention rates of women at the Bar falling dramatically at around five and ten years’ call, these findings were of particular concern to the Association of Women Barristers (AWB).
In order to ascertain the nature and extent of the problem, the AWB convened two roundtable discussion groups to ascertain how bullying and harassment was affecting the profession and to consider what could be done about it. The findings, published in a report at the end of 2019, were eye-opening to such an extent that they received widespread attention in the mainstream media (In the Age of Us Too: Moving Towards a Zero-Tolerance Attitude to Harassment and Bullying at the Bar: bit.ly/3aEljzW). It became clear that a macho culture was still alive and well in the profession and that under-represented groups at the Bar, such as women and those from Black, Asian and Minority Ethnic (BAME) backgrounds, were disproportionately affected by harassment, bullying, and other inappropriate behaviours.
While we recognise that some of the changes required are necessarily at a regulatory or institutional level, everyone has a role to play. Change is long overdue and essential if, as the Chair of the Bar, Amanda Pinto QC, commented in the preface of the AWB report, we are to build ‘a better, more inclusive and sustainable profession’.
We offer the following suggestions for some quick wins where individuals can help to make a difference:
1. Organise a training session to raise awareness about the effects of bullying and harassment and other damaging behaviours, such as unconscious bias: The AWB has recently worked with Raggi Kotak, a barrister who trains in process work, a facilitation method for conflict and change (read Raggi’s article in the January 2020 issue of Counsel).
2. Lobby chambers to adopt more flexible policies around maternity and parental leave: For example, the introduction of a freeze on flat rate rent arrangements/reduced rent or offering short-term interest-free loans for those returning after extended career breaks.
3. Consider investing in coaching to boost confidence, mindset and resilience: Training can help us identify whether our words, thoughts and behaviour are supporting positive outcomes and enable us to cope with the effects of damaging behaviours. Nikki Alderson has recently delivered empowerment coaching workshops for female barristers and worked with organisations like the AWB, Women In Criminal Law, The Midland Circuit Women’s Forum, and Women in the Law UK.
4. Become a male champion or offer to mentor a more junior barrister: The AWB recently organised a successful mentoring scheme which also served to underpin its #HeForSheAtTheBar Twitter campaign.
5. Challenge the stigma around mental health: Make colleagues aware of the resources available to help barristers, such as Law Care, Wellbeing at the Bar, and the re-launched confidential helpline supporting barristers facing inappropriate or discriminatory behaviour (0800 169 2040).
6. Promote Talk To Spot: The Bar Council’s online tool allows barristers to record and, if they want, report inappropriate behaviour, bullying, harassment and discrimination at the Bar and Bench. Potential users can rest assured that they retain sole control of any information recorded on Spot.
One of the co-authors of this article, Nikki Alderson, has had first-hand experience about how inappropriate behaviours and unsupportive working practices can adversely impact upon female barristers, particularly those with young families.
Nikki has written about her experiences in her book Raising the Bar and told Sky News in January 2020 how she received a last-minute ‘return’ in a serious and complex sexual abuse case when she was seven months pregnant with her third child. The papers, more than two feet deep, the pink brief ribbon barely holding them together due to their sheer weight and volume, were couriered to her home address late after close of business. The brief contained no indictment, no opening note, no case summary and there were several complainant DVD recordings of evidence to view. Her husband worked away, her other children were just 1 and 2.5 years old and she had to be ready for a clean start the next morning in a distant court.
She also recalled how her request for an ‘eased back in’ return to work, having been out of court for 12 months on maternity leave, was interpreted as a free-for-all on any case, anytime, anywhere. Within 48 hours of her return, she was given the following briefs: a wounding with intent case where the defendant had broken a glass and twisted it into the face of the complainant who consequently suffered life-changing injuries; a murder trial; and a rape trial where the client was just 13 years old.
As a pupil Nikki was told by a judge that ‘your argument is worse than that of a child in a school playground’. Senior practitioners present at the time offered a supportive ear and remarked specifically about the unfairness of the comment, and agreed it had been designed to humiliate. However, the judge continued to behave in this way towards Nikki unchallenged throughout her 16 years practising at the Bar.
Following on from these experiences, Nikki set up her coaching practice to empower female lawyers and support the retention of female talent. Finding strategies to deal with inappropriate behaviour and maintaining healthy boundaries around work/life balance are key.
Inequitable briefing, power play, a culture of fear... age-old problems that can have a devastating impact on retention rates. The Association of Women Barristers sets out six measures to maintain the gender balance and enable staying for silk
By Lynne Townley and Nikki Alderson
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