Understanding Of The Contemporary Legal Profession

Gender inequality has been a hot topic throughout the last several decades. A majority of the research on gender inequality has been focused on the unequal and unfair treatment of women in the home, the workplace, in politics, etc. While research on gender inequality covers many areas of concern, it generally does not take into consideration the legal system inequalities that men may face. Also, a large amount of research has been done on unfair police and judicial interactions with men, but very little has not been done on the overall gender disparity of those seeking legal help. This research presents an exploratory analysis of gender and its influence

Gender oriented trends in the job market are telling of the how inequality between men and women has shaped a typical woman’s career. According to the United States Department of Labor, in 2015, managerial positions among men is the third most held occupation, just behind sales workers and truck drivers, while managerial

Females are labeled as being too assertive, but as an attorney, one would think that it was good to be assertive. It is much harder for women to get employment at a law firm. Some go on to work for a private practice. Gender bias also affects hiring and promotion. Female lawyers perceive that it is harder to get hired, and once hired they are paid less and have fewer opportunities for promotion (Neubauer, 2008).

Thirdly, a barrier faced by women is the area of law practised in; 'Female barristers are more likely to conduct legal aid work than men, and are over represented in certain types of criminal defence work particularly those relating to sexual offences and children'1. This is evident in the report published in 2013 by the bar standard board which showed that '61% of female barristers were concentrated in family'2 law as opposed to '39% of males'3, the men, dominated other areas including, criminal commercial and civil. The barrier this creates is the taking of silk and appointment to queen's counsel; after 20 years as a Barrister when one applies for silk they would be denied based on the lack of development/ involvement in notable complex cases, when concentrated in one area of law the likelihood of having ones work being noticed is slim and some women do not apply based on this, as is evident in the Bar standard board report which showed that '75% of female barristers eligible to apply did not apply and out of 25% of application 10%'4 were unsuccessful compared to '47% of eligible males not applying and 33% out of 53%'5 being accepted. The higher court Judge Bobby Cheema Grubb was the first 'Asian female judge to be assigned to the Queen's bench

As a result of residual archaic practices, the modern legal profession faces the dilemma of having underrepresented groups who most commonly derive from either being of the female gender and/or being of Black, Minority or Ethnic (BME) descent. It has also been noted that those from a low socio-economic background also have difficulties reaching heights in the legal profession that are of ease to their opposing counterparts. These particular groups of people often struggle in progressing and developing a career within the legal profession due to a wide array of barriers.

Gender is the state of being male or female, but is typically used with reference to social and cultural difference rather than biological ones. With this being said, gender inequality is a developed byproduct of such determinations. Gender inequality refers to unequal treatment or perceptions of individuals based solely on their gender. This arises from differences in socially constructed gender roles, which usually consist of the male counterpart being the dominant in all aspects. Undermining Gender Equality: Female Attrition from Private Law Practice is a study done by Fiona M. Kay, Stacey L. Alarie, and Jones K. Adjei, in which they seek to research the possible existence and effects of gender inequality in the practice of law.

Gender is a critical dimension of judicial diversity illustrated by the proportions of positions awarded to the males and females on the judiciary. There are different ways of rationalising judicial diversity where judicial appointments follow policy and law that promotes equal opportunities. The judiciary needs to show sensitivity to the experiences and needs of the different elements of legal systems where the judiciary requires illustration of diversity for service as well as diverse judiciary with increased accountability of legal democracies. The current preclusion the gender incorporation dictates the alternative dimension regarding judicial diversity. Features of judicial initiatives towards achieving ethnic and gender diversity are assessed through qualitative and quantitative perceptions and experiences of judicial bias.

Twenty-percent of diverse associates reported receiving no constructive feedback on assignments and only fifty-four percent of large firms train supervising attorneys on how to evaluate associates . The result of receiving no regular feedback on assignments coupled with formal evaluations given by lawyers with no formal training in evaluating is dissatisfied diverse associates. Thirty-one percent of women of color, twenty-five percent of white women and twenty-one percent of men of color reported receiving at least one unfair performance evaluation. Less than one percent of white males had the same feeling. This helps to explain why most successful companies have attrition rates of two and three percent each year while Big Law has an overall attrition rate around nineteen percent.

There are several reasons for trying to ensure that the bench includes a wide representation of different groups: certainly the appearance of fairness is important, and it is understandable that many young working-class black men feel they will not get justice from a middle-aged middle-class white bench. But because magistrates are unpaid part-timers, appointment is necessarily limited to those whose other commitments allow them to give up at least one working day a month to perform their judicial duties, and the bench can never be truly typical: according to research conducted in 2000, magistrates are overwhelmingly from the professional and managerial classes, and nearly half are retired. An individual candidate who is otherwise suitable will never be refused appointment because of his/her gender, ethnic origin, social class or (moderate) political views, but the Lord Chancellor and the advisory committees try to ensure a reasonable balance across the bench as a whole. So far as gender is concerned they are quite successful - 48½ per cent of magistrates were female at the beginning of 1999, and women outnumbered men in the new appointments for 1999-2000 - but in other respects success is coming only slowly.

 Studies like Sterling and Reichman’s (2016) show us that women are significantly underrepresented in partnership and ownership within the legal profession (Sterling & Reichman, 2016). The growth of women owned law firms will hopefully aid the disproportion of the genders within the legal profession. Lawyer X hopes that the formation of women owned law firms will in fact "be a trend, instead of an aberration, because it is important for women to be represented in the legal profession” (Lawyer X, 24 May 2017). This growth of female owned law firms has even seeped into the corporate hemisphere, with firms like Brune & Richard within New York

The goal on gender equality and impact of gender discrimination varies from country to country, depending on the social, cultural and economic contexts. Anti-discrimination laws have performed a critical role in expanding work place opportunities for women, yet they are still denied full equality in the workplace. Even though they can now secure powerful professional, academic and corporate positions once reserved for men, the ever present glass ceiling still deters the advancement of large segment of the female workforce (Gregory, 2003). Interest in the careers of females remained strong among both scholars and practitioners. Women have made considerable progress in entering the managerial ranks also but not at the highest levels.

Occupational segregation and gender equality within the workforce has been extensively debated over recent decades. Gender equality within the workforce is achieved when all individuals have access and receive equal benefits, resources and opportunities regardless of their gender (WGA, 2017). This requires workplaces to; distribute equal paid work or work of comparative value, eliminate barriers that restrict full or equal employment for women, provide women with access to all industries and occupations, allow women the opportunity to hold leadership roles and eliminate gender discrimination, especially regarding care responsibilities (Australian Human Rights Commission, 2017). In doing so, these features enable women to uphold the flexibility and work opportunities that their male-counterparts enjoy. Attaining gender equality is important as it provides a foundation for society to function at its full human potential and become the most efficient and resourceful nation possible (Australian Human Rights Commission, 2017). The purpose of this essay is to analyse whether the recent increase of women entering the workforce correlates to gender inequality within the workforce. The first section of this paper will provide an understanding that despite increasing levels of women’s participation in the workforce, women continue to be underrepresented in leadership roles such as CEOs. This will further be examined through an analysis of the gender pay gap and the repercussions this

Although regulations for unbiased treatment have been implemented in the labor force environment, there is still room for improvement. There are numerous individuals who regard gender inequality in the workplace as a myth; however, many companies display an immense resistance to enforce laws that will protect their female employees from unfair and unlawful discrimination. These prejudice actions made against women are based on gendered stereotypes that ultimately place women at a disadvantage. These “ Gendered stereotypes, shared at the societal level that describe what men and women are known to be like, influences hiring processes in the U.S. law firms”( Cech 7). Employers, who discriminate against others based on their sex, should focus on each individual`s skills rather than their gender. The false presumptions that are associated with females not only affects whether they are hired but place limitations on their ability to obtain promotions, their salary range, and other aspects corresponding to employment. These are issues that a countless number of job corporations should be aware of; however, many of these issues are left unaddressed in the work environment and remain a barrier to women`s success.

Traditionally, legal services at the highest levels and in the most reputable firms are dominated by white, male lawyers from the highest socio-economic groups. Being diverse means showing a great deal of variety; but due to various factors, underrepresented groups have faced barriers when pursuing a career in the legal profession. One of the many barriers that underrepresented groups faces when developing a career in the legal profession is their socio-economic background. The social background of an individual can hinder them from educational success and their ability to gain legal work experience. Furthermore, despite the growth of female lawyers, the legal profession maintained its rigidity. As a result of the perceived lack of

Women in the legal profession today do not encounter most of the challenges that they were facing 50 years ago. However, gender-based issues still exist that females in the legal profession have to face in today’s world. According to the American Bar Association’s Market Research Department women comprised only 36 percent of legal professionals in the country in April 2016 (Smithey, 2017). The number of women in the legal profession has been growing in last few decades, but even though it grows in private law firms as well as the judiciary, unfortunately women do not have equal access to senior positions. In the top law firms in the United States, women account for only 17 percent of law firms’ equity partners (those who