Study finds bias against women in legal profession

Despite the fact that women are entering the legal profession in increasing numbers, and now make up two-thirds of entrants into…

Despite the fact that women are entering the legal profession in increasing numbers, and now make up two-thirds of entrants into university law schools, discrimination is still widespread, according to a new study.

Gender Injustice, an 18-month study of women in the legal profession by three Trinity College legal academics, will be launched by the President, Mrs McAleese, at Dublin Castle today.

It will show that more than one in three women have experienced sex discrimination in the form of inappropriate comments, such as being asked about their husbands at interview or addressed as "love" or "honey".

One woman lawyer reported that a male judge had said to her in public court: "You're far too pretty to be taking this action." Another reported being asked in public court whether she and her husband had any children, and why not.

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Sexual harassment or bullying was experienced by 14 per cent of women lawyers, including being "felt up" by a colleague and being physically or sexually harassed. Nearly one in five had been asked to perform inappropriate tasks, like making tea, getting files or buying personal gifts on behalf of their employer.

There was a widespread feeling among those surveyed that law was an "old boys' club" with almost one-third (31 per cent) of those surveyed experiencing exclusion from social networks, such as golf outings. One woman said: "The road to advancement is via rugby tours or drinking stories."

Three out of 10 women believe they are discriminated against in terms of level of income, and the figures show a significant pay gap between male and female lawyers. A male lawyer over 50 has a 60 per cent probability of earning more than €100,000 a year, while this is the case for only 20 per cent of female lawyers over 50.

The gap is also illustrated by where men and women are in the legal professions. Only 9 per cent of all senior counsel are women, with only 5 per cent of women barristers being senior counsel, compared with 22 per cent of all male barristers.

Male solicitors are also much more likely to be partners or the owners of practices, with women solicitors more likely to be employees.

Yet the law is increasingly a female profession at entry and the lower levels. Some 41 per cent of solicitors in Ireland are women, up from 22 per cent 20 years ago.

Thirty-four per cent of barristers in Ireland are women, up from 16 per cent 20 years ago.

Women constitute just over one in five of all judges in Ireland (21 per cent), which compares favourably with 12 per cent in the UK and US; but less so with 46 per cent female judges in Finland and 54 per cent in France.

The study, the first of its kind in Ireland, is by Prof Ivana Bacik, Ms Cathryn Costello and Ms Eileen Drew, and is published by the Law School in Trinity College.