Women barristers face barriers to working in criminal law

Commercial law and criminal law are regarded “less available” to women than family law and general practice, a survey of female members of The Bar of Ireland has found. Of 436 female Law Library members who responded to the survey, conducted in February this year, just 5 per cent worked in criminal prosecution and 32 per cent in criminal defence.

Just 13 per cent worked in constitutional law and 21 per cent in commercial law. In contrast, 68 per cent said they had worked in general practice, 48 per cent in personal injury and 42 per cent in family law.

Among the issues cited by the women was a feeling that the Bar was not meritocratic, with some saying that nepotism and political alignments had resulted in areas of practice that were effectively “closed shops”.

Confidence was another issue cited, with 41 per cent of respondents saying they felt less confident than their male colleagues and believed they might be “underselling themselves” as a consequence.

“It has become noticeable that male colleagues’ careers have taken off quicker than those of their female counterparts,” one participant said when invited to comment on her experience.

“My skill set would lend itself to commercial law but these areas are still male-dominated,” said another participant. “Commercial briefs tend to flow from male solicitors to male barristers,” observed another.

The survey identified discrimination, childcare, lack of support for women on maternity leave and the difficulties involved in a career where work, and income, can vary widely over the course of time, as problems facing women barristers.

Figures last December showed that of the 2,234 members of the Law Library, 863 (39 per cent) were women. Among practitioners taking silk (becoming senior counsel), just 16 per cent were women.

‘Deterrent’

In an article in the Bar Review accompanying the survey results, Aedamair Gallagher, a policy and research assistant for the Bar of Ireland, says this underrepresentation "is not encouraging for junior practitioners and may act as a deterrent".

Many respondents commented on the difficulties associated with taking time out to have children, with many women experiencing a substantial drop in income and a “stalling” in the development of their practice.

“My practice nearly fell away after I had my first child even though I only took eight weeks off,” one respondent said. “I returned to a decimated diary and almost no new cases . . . it has had an enduring adverse effect on my career,” said another.

The survey was carried out among 772 female members who had a registered email address with the Law Library, with 56 per cent responding.