The silk route
There is pressure to but few women are applying for silk and more can be done to increase diversity, says Kate Thirlwall QC
The growing number of female silks following this year's round of QC appointments is cause for celebration. Year on year, we are seeing greater diversity and real change at the Bar.
There is considerable pressure for diversity in the profession and on the bench. At the highest level the Lord Chief Justice has recently expressed his concern that the pool from which appointments to the judiciary are made is not as wide as it should be.
There can be no question of quotas or positive discrimination which would undermine confidence but we must ensure that people of quality from diverse backgrounds are in a position to put themselves forward.
Is the Bar changing quickly enough? No. Thus the QC Selection Panel noted this year: 'It is particularly disappointing therefore that few women seem to be applying for silk, resulting in fewer appointments.'
The fact that women enjoyed a higher success rate than men in this year's silks' round does not mean that it is easier for women to be appointed, but that the quality of female applicants was very high.
New perspectives
There is certainly a need to attract high quality women into the profession.
In her 2007 address on diversity in the appointment of Queen's Counsel and judges, the Rt Hon Lady Justice Arden commented: 'Women bring new perspectives to bear as well as their intellectual skills and knowledge of the law. They have different life experiences. They have in some respects different approaches...They challenge the white male majority about their views and assumptions. The process of decision-making and thus the development of the law are thereby enriched.'
So, how do we recruit '“ and then retain '“ such women? First, it is essential that a determined effort be made by heads of chambers and their clerking teams to ensure the best talent is attracted not only from the male population but from under-represented groups. Our own experience demonstrates that this works. At ten years' call and below we have equal numbers of men and women from a diverse range of backgrounds '“ all of whom are flourishing. Secondly, senior women need to encourage and support younger females and demand open mindedness from more conservative colleagues, male and female. Thirdly, the support of solicitor clients is essential. Some years ago a female partner in a large City firm noticed the chambers to which she and colleagues sent good commercial work had a stream of very able female and male pupils '“ but women were never taken on. She explained to the clerk that her firm would not be sending work to a set of chambers that appeared to discriminate. At the next round two women were taken on as tenants '“ an example of diversity driven by hard economics.
Achieving a work/life balance
Retention of women is a major issue for many sets of chambers. Some do not return after having children, or return then give up. Pressures of self-employment and managing a practice, long hours, travel and case pressures are not ideal partners to caring for young children.
It is in everybody's interests that steps are taken to make it easier for women to return and manage work and family. When I first took maternity leave in 1990 most sets had no maternity leave policy. I was asked by my head of chambers what I would like to happen and requested six months rent free. This was agreed and our maternity policy was born a month before my baby. The Bar Council now recommends this policy to chambers.
Our provision has since increased to nine months rent free. Members' places are held open for up to two years provided that they keep the head of chambers informed of their plans and the focus is firmly on getting women back to working at the levels they are comfortable with.
When I came back to work I went to court two or three days a week, spending the remaining days on advisory work and preparation. I gradually increased my court time '“ until the next maternity leave in 1994. I am certain that taking time out on maternity leave and flexible working did not hinder my career. In 1999 I took silk and have been able to achieve a reasonable balance between work and family life.
Our chambers' policies materialised thanks to the active support of the men in chambers '“ who are still a significant majority in the senior ranks. Without this long standing support we would have a very different chambers '“ and almost certainly would not have four silks/mothers as part of our team.
In the 27 years since I was called there has been a dramatic shift of attitudes at the Bar '“ yet there is still more to be done. I would not presume to comment on the position within the solicitors' profession but surely the time has come for the appointment of the first female solicitor QC? When that happens, as it surely will, it will be another important step on the road to diversity. We should welcome every step and appointment that takes us towards a more diverse profession and judiciary.