Author: seeyouatthebar
09 Jan 2012 | 11:02 | 10 comments
In this blog, first published on Beneath The Wig, female barrister seeyouatthebar recounts some experiences which suggest the Bar may still have some way to go in terms of gender equality...
Those that follow me on Twitter will know that I am not exactly a traditional feminist. Sometimes I just think women need to stop moaning. I get frustrated with women declaring all men are bastards whilst at the same time chanting for equality.
Let's face it; I am one of those women who uses my femininity at work. If I need a favour from a court usher or a prosecutor I will not think twice about using girly charm. I also know that women are often chosen to prosecute or defend cases partly on the basis of their gender and I am happy to take advantage of that (every case and client needs a different 'type' of barrister). I still like my make-up and high heels and I never have the same hair colour for longer than three months.
Dare I say it, but I am not sure a woman who leaves the office at 5pm each day to see her child should be complaining when her male colleague who works all hours gets that promotion first. Furthermore, I have no desire to start looking or behaving like a man or to be given a job where I will never see my daughter. However, a couple of recent events at work have led me to wonder whether the Bar is still completely stuck in the dark ages.
Late last year, I was defending a case involving serious sexual offences and the prosecutor was a very experienced lady barrister well over 10 years call. I have known her for some years and been in cases involving her previously. She is pleasant and good at her job but not particularly chatty, so I actually did not know much about her personally.
The case had not been straightforward to say the least, and we were both having a stressful time. I walked in one day to find her looking pale and she told me that she had just listened to a voicemail to say a close member of her family had been rushed into hospital. She was the only relative in England and the next of kin. She was struggling to get through to the hospital and I asked her if she wanted me to delay the court but she declined.
We continued with the case and on the next break she called the hospital. Without going into detail, it was clear that she was needed at the hospital but she refused to go and see the judge, despite my insistence. However, sat in court waiting, I could see she was welling up and I signalled to the clerk that we needed to see the judge. The prosecutor looked relieved. As we walked up to the judge's chambers she turned to me and said she was emotional due to the fact she was pregnant and burst into tears. My natural reaction was to immediately hug her and reassure her and we carried on up to see the judge.
We walked into chambers and she sat down and immediately morphed into a completely different person! She explained the problem but made it clear that she had no intention of going to the hospital until tea time and effectively blamed me for the trip to see the judge.
Later that day, the prosecutor said to me: "that was the first time in 14 years that I have let my personal life interfere with work and I am mortified". By the next day she was back to her professional, slightly stroppy self and it was as if we had never shared that hug on the stairs or the happy news of her pregnancy...
I have to admit that during that case I judged her. I commented to my boyfriend that she was hard-faced and cruel to leave a relative alone in hospital. I doubt I would have said the same about a man. I also felt that she came across as ashamed of her pregnancy and I have since noticed that she is extremely reluctant to talk about it. Yet only the other day I heard a male member of the Bar talking very proudly (and loudly!) about the arrival of his baby boy.
However, after the case had concluded, I reflected on my own situation and professional life. I returned to work less than three weeks after my mum died and I felt that was leaving it too long. Perhaps I was judged at that time by my colleagues? I also worked up until the day before I gave birth to my daughter. I hid my bump for as long as I could and was reluctant to talk about the fact I was having a baby. Was I just being professional or was I a little bit worried about what people might think? It certainly didn't help that one instructing solicitor remarked that my pregnancy could be the "end of my career".
The first female barrister was called to the Bar in 1922, and in many ways it seems that there has been very little modernisation since then. For example, most chambers have a wholly inadequate maternity policy. It took a great deal of work to get a decent policy in place in my chambers. I would like to see all chambers have a fair policy that is clearly set out on their websites, if only to ensure that women are not put off by joining (or remaining!) at the Bar.
The other matter which is really starting to frustrate me is how women at the Bar are still judged on their looks.
Recently, I was sat in a local robing room talking to a friend. An older male barrister was listening in to our discussion about exercise and declared loudly (so that the whole room heard), "You used to be so slim and gorgeous... you're still lovely but not so slim now are you?" Well... the Burnley girl in me wanted to tell him to bugger off but the professional side of me won and I stayed silent. I was embarrassed to say the least. It is not easy to admit this, but that night I cried as I was driving home (how girly of me?). Normally I am the first to be joking around in the robing room and batting off the teasing that goes on in there, so why did I feel so differently this time?
Well, I was sat at court waiting on a verdict in a complicated rape trial when this comment was made. It had been the most difficult case of my career so far and I actually ended up getting an amazing result against all odds, yet that male barrister did not congratulate me on a strongly fought trial, instead he chose to comment on my looks and weight. I felt belittled in a room full of others and I felt sad that my hard work had gone unnoticed by my colleagues.
I desperately want to believe that women have reached equality at the Bar. Am I being sensitive or is there still some way to go...?
seeyouatthebar is a female barrister practicing in the North of England. Click here to follow her on Twitter.
COMMENTS (TOTAL 10 COMMENTS)
The reality is that there is still sexism in all walks of life. The experiences detailed above are not out of the ordinary, and to single out the Bar as being behind the times in terms of how women are treated is unfair.
The vast majority of people working at the Bar are well-educated and well brought-up. Try working on a building site...
Anonymous -10 Jan 2012 | 14:36
You are not being sensitive, you are right
Hey there.
I really like your writing – so I'll go on reading you. It is a beautiful post describing the path we women are going through from a point that we don't want to be considered feminist – because that is not so complimentary and have connotations of that fat ugly hairy bitter woman who is so angry at men – she ends up making up theories such as Dvorkin's theories.
Yeah, and none of us want to be called "feminist" – until that point that something is making us realise that something is STIIL wrong with our working environment culture – which is dominated by manhoodness (the spellcheck is telling me there is no such word, LOL, that's because in our society manhoodness is normality and you don't need a word for what is obvious).
Anyway, I have been reading the book "The Beauty Myth" by Naomi Wolf, and she has this theory that beauty standards where made up by men to lash back women from the working market.
If for a moment I thought the author went a bit far, there comes your story to demonstrate that point – why did your college chose THAT timing to make the remark about your weight? There is more then coincidence in this choice of timing of the remark – it was at this point when you won a hard case. What better way there is to make a woman to feel unsuccessful than to make a comment about her weight? Most women that I know have only "few pounds" to lose. Even if they are slim. It is NOT the few pounds – but it is about MAKING YOU FEEL UNCOMFORTABLE IN YOUR OWN BODY AND MAKING YOU FEEL LIKE YOU ARE NOT SIMPLY OK BUT YOU WILL BE OK IN A FEW POUNDS LESS.
That is the ultimate weapon. Your career can fly high as long as you will feel a winner and having this hard-to-achieve verdict could certainly be a reason for pride. But no - you have few pounds to lose and it is highly more important then achieving a verdict which is hard to achieve.
You know what I would do? Come the next morning to the office, with a HUGE CREAMY CHOCOLATE CAKE - and tell all the others at the office that you want to celebrate your success in this verdict. Eat just few pieces of it right in front of his eyes with great desire, and let him no that now, when you achieved this point as a lawyer - you want to fatten out of joy.
It is not that there is a conspiracy – of men deciding ahead that once a woman is breaking through in her career – the nasty remark will be spited out…. no. It is, I think, in their subconscious – because I have ran also into similar situations.
Grace -11 Jan 2012 | 19:33
Reply to anonymous
Anonymous - perhaps she is commenting on the Bar because she is a barrister, and this is a LEGAL blog?
Daisy -13 Jan 2012 | 15:15
feminism shouldn't be such a dirty word
I don't think anyone should be ashamed of being a feminist, after all essentially all that means is you believe in equality. I understand the word, feminist, has been tainted but I really do think it is time for people to stop hiding behind that excuse and speak plainly.
Women have to help each other. I understand sometimes it is easy to judge as you did. I know that the other barrister reacted in a way that she thought was the most professional... but if only she had told the judge the truth that she has a personal matter that she needed to attend surely an adjournment wouldn't have destroyed her career. After all we are all human and have a personal life... If more people reacted this way surely the profession would change more quickly. I think women are half the problem rather than doing what they know is right they react how they think they ought to.
I am a law student and I have countless times encountered sexist behaviour. Always I will say something, and it does mean that I become know as a martyr and a feminist but I'd rather be that than to accept something that is plainly not right and everyone knows it. I'm proud to be a feminist and I don't care who knows it. I wish more women thought this way because then I believe men would think twice about making such rude comments, exactly like the ones made about your weight.
Hermes -13 Feb 2012 | 07:51
I enjoyed reading this, although I was a bit disappointed to see some old soundbites being trotted out, for example about being promoted if you leave at 5 to collect your kids instead of working 24/7. First, if your role allows you to work effectively 9-5, what's wrong with leaving at 5? Second, the issue isn't whether leaving at 5 (or any other 'flexible' working system) should slow down promotion - it's whether it totally halts progression. I've taken a year's maternity leave and I accept that my career progression is going to be 'flatter' than someone who's been hard at it while I've been at home. (Although I was actually promoted during my time off - how about that for an enlightened law firm!!) However, taking time off shouldn't mean that my future chances of promotion/partnership are totally shafted. It will just take longer and law firms need to adapt their expectations - I won't be ready to be a partner at 8-9PQE, because I will be in the middle of having babies! I may however be ready at about 11-12PQE. What's wrong with this?
Also, why didn't you tell the old male barrister in the robing room to sod off? I wouldn't have had any issues, professional or otherwise, in telling someone however senior that they were being rude and I'm not a particularly forthright person! Seriously, commenting about someone's weight in public is pathetic and childish and they need to be put back in their box.
Anon -17 Feb 2012 | 11:31
Standing up
I'm a woman and I think women just need to stand up for themselves, this barrister made the decision not to say anything, you can't blame sexism in the legal profession for that. If you believe in yourself and believe in your ability it shouldn't matter if you're a woman, we have a partner in our firm who is a woman and she is as respected in the industry and certainly in our practice as much as her male colleagues because she's eloquent and god at her job.
I'm not denying there is sexism in the profession but ultimately you have a choice whether or not to put up with it, I certainly wouldn't and if more women had this confidence it would have to diminish.
As for having babies again it's up to you how much you let it affect your career, yes you take time out but that doesn't mean to say you can't progress professionally after, again it's your choice how quickly you want to progress and how much time you want to spend at home with your children i.e. work part-time. The reason men overall are in more senior positions is because women have children and their expectations change when they have them, there's nothing wrong with that, it's a personal issue for you to decide.
Francesca -17 Feb 2012 | 12:30
Our own worst enemy
As a woman at the bar (although recently gone "in house") this blog rings a lot of bells. The worst thing is how anaesthetised we become to comments about our clothing or looks. I couldn't believe it the first time a fellow barrister told me that he couldn't understand why us girls insisted on wearing trousers, when we had such lovely legs - in court. However I have had equally as ridiculous, but infinitely more snide comments from some older female colleagues at the bar. One in particular suggested (also during a complicated sex trial) that I should consider becoming a lap dancer. Funnily enough the (male) police officer was the first to intervene to tell her how inappropriate her behaviour was. Unfortunately in such an adversarial profession, unprofessional people use spite to score points. Male or female.
www.jfhlaw.co.uk
Julia -17 Feb 2012 | 13:40
Buy a dictionary
I would suggest to the poster that she is indeed a traditional feminist. A feminist is not a certain look (why does wearing heels and make-up mean she isn't a feminist? The idea that feminists are all butch bikers is no doubt a myth started with the intention of making the term 'feminist' sound undesirable); and it's nothing to do with hating men (another myth, I suspect, proliferated by men decades ago to make feminists appear silly). It's also not about being hard nosed or feeling you need to act like an emotionally-stunted man in the workplace. Being a feminist is about what you believe in - that women should be respected as equals and should have the same opportunities as men. Women openly objecting to being labelled a feminist when they believe in these things only makes achieving these things harder.
Apple -17 Feb 2012 | 17:11
I still remember being advised (by an older male member of the Bar) not to take a career break to have children, as women who did 'returned with baby-brain' and were never the same again! I politely disagreed...
Leto -20 Feb 2012 | 14:41
Do you really think that men do not have to put up with horrible comments (the comment about looks was indeed horrible).
You have chosen to join a profession which specialises in being nasty to people, in humiliating people in the witness box, to doing and saying anything within the broad bounds of the law in order to get the best possible result for the client.
Why on earth would you think that people in such a profession would be anything other than brutal?
Anon -22 Feb 2012 | 21:03
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