*/
Nikki Alderson explores how we can create, develop and maintain equal opportunity for all – for the good of everyone
Long have I subscribed to the Baroness Hale school of thought that huge benefits await those saying ‘yes’ to every opportunity afforded them within the legal profession, even when it leads down the road less travelled, or decidedly off-piste. It’s how I approached every unexpected opportunity offered throughout my 19-year career at the Bar, from an Inner Temple Pegasus Scholarship at Capital Chambers, Wellington, New Zealand to pro bono work on Jamaican Death Row with the Bar Human Rights Committee.
Having said that, it’s all about taking calculated risks. By that, I mean being really strategic about those acceptances. Assess them, even on a daily basis, by examining priorities (is this of sufficient importance to expend precious time and capacity on it?), purpose (why say ‘yes’ at all?), and, at the very basest of levels, ‘What’s in it for me?’
Without that analysis, prepare for the inevitable overwhelm. Saying ‘yes’ to everything leads – as bitter experience demonstrates – to taking on so much we spread ourselves too thinly and end up doing lots of things badly rather than a few things well. Nobody wants a busy fool as their brief. (I’ve written about avoiding these pitfalls for Counsel magazine before: see ‘How to say no but keep the opportunities flowing’, Counsel, July 2019).
It’s naïve, though, to think that opportunities come equally to all. Time and time again, data and research demonstrate that the playing field in law is far from equal. Women, compared to their male counterparts, commonly lose out when it comes to earnings, senior leadership positions, bullying, harassment and discrimination.
According to the Bar Council report, Gross earnings by sex and practice area at the self-employed Bar (November 2023), ‘in every call band and every area of practice, men’s median gross earnings are higher than women’s. The disparity in gross earnings between sexes is present at the very start of a career and quickly increases. The gap between men’s and women’s median gross earnings is greatest at the 11-15 years’ call band (30%). Women silks earn on average 71% of their male colleagues’ median gross earnings.’
If that isn’t difficult enough reading, the Bar Standards Board (BSB) research report, Income at the Bar – by Gender and Ethnicity (2020) reveals that those most adversely affected by income disparity at the Bar are Black women: ‘Incomes at the Bar vary very widely and analysis of data on income band held by the BSB shows that female barristers and BAME barristers are likely to earn less than male and white barristers respectively… Income differences are particularly stark when looking at gender and ethnicity together, with female BAME barristers the lowest earning group.’
While some glimmers of improvement are captured in figures produced over time for the BSB’s Diversity at the Bar reports, the 2023 report (published in January 2024) shows gender disparity continuing to exist in senior positions at both the Bar and on the bench. Despite 60% of new entrants to the profession being female, and women making up 40.6% of the Bar more generally, only 20.3% of silks are female, albeit this is up by just over 1% from the year before. According to 2024 Ministry of Justice statistics, only 37% of court judges are women.
Perhaps most shocking of all of the ‘unacceptable state of affairs’ at the Bar, revealed by the Barristers’ Working Lives Survey 2023 and Talk to Spot reports received from 2019-23, is that bullying, harassment and discrimination is a ‘systemic problem’. 41% of women have experienced bullying and harassment, more than twice the proportion of men. Women from ethnic minority backgrounds are disproportionately affected, being three times more likely than White men to experience bullying or harassment, and six times more likely to face discrimination (Bullying, harassment and discrimination at the Bar 2023, Bar Council). In response the Bar Council commissioned the independent review of bullying and harassment at the Bar chaired by Rt Hon Harriet Harman KC.
Many a time in coaching sessions, particularly with career-break returner clients undertaking onerous care-giving responsibilities, I’ve been struck by frustrations arising from part-time working (where practice areas allow), leaving women feeling compelled to work twice as hard for only half their pre-parental income.
If you subscribe to the view that each of these are discrete problems for women only, perhaps consider that you are not only part of, but are, the problem! These are challenges for all, with a cast-iron positive business case for addressing them. For example:
This is where the answers to those strategically posed questions about purpose and priorities can truly be found. This stuff matters. The sustainability of chambers as businesses (and the bench) relies upon them.
So how do we create, develop and maintain fair opportunity for all, and for the good of everyone?
More and more barristers these days understand the importance of prioritising wellbeing as a necessity as opposed to a luxury. As part of that, they are becoming confident around asserting boundaries, as much as themselves. There’s also a greater willingness to set time aside to improve mindset and resilience, professional confidence, work-based opportunities and achieve career success (‘Leaders in waiting: part 2 – confidence’, Nikki Alderson, Counsel July 2022).
Don’t leave yourself bottom of the pile. Working on confidence is integral to career progression and should be treated as such. It is an easy, non-negotiable ‘yes’. By way of example, it’s not uncommon to see counsel holding themselves back. Anecdotally in silk applications, men apply when they are around 50% certain of success, while women only apply when they feel 90% sure. Coaching can be a powerful reminder of the benefits of being in it to win it and moving out of our own way. As Richard Branson famously said: ‘If somebody offers you an amazing opportunity but you’re not sure you can do it, say yes – then learn how to do it later.’
With coaching support, confidently and impactfully return from a career break, while simultaneously maintaining healthy boundaries and better owning your own time. The list is endless as to how coaching can enhance the building of confidence and career success, and why prioritising it pays dividends.
Be alert enough to see the sunrise in every opportunity: don’t wait so long that you miss them. Consider some effective coaching questions to help:
To that end, don’t wait for opportunities to knock; create them. And when opportunities do come knocking, go answer the door.
Practice review guide for barristers and clerks, Bar Council, 2023
New practitioner earnings differentials at the self-employed Bar, Bar Council, 2024
Watch ‘Tackling the gender pay gap’ – an Inns of Court Alliance of Women event
See the independent review of bullying and harassment at the Bar, commissioned by the Bar Council and chaired by Rt Hon Harriet Harman KC
Nikki Alderson is a former criminal barrister. She is now a specialist coach supporting chambers and law firms to attract, retain and elevate female talent within the legal profession and empowering female lawyers to achieve career ambitions. She is also a keynote speaker, author of Raising the Bar: empowering female lawyers through coaching and tweets as @NikkiAlderson2.
Long have I subscribed to the Baroness Hale school of thought that huge benefits await those saying ‘yes’ to every opportunity afforded them within the legal profession, even when it leads down the road less travelled, or decidedly off-piste. It’s how I approached every unexpected opportunity offered throughout my 19-year career at the Bar, from an Inner Temple Pegasus Scholarship at Capital Chambers, Wellington, New Zealand to pro bono work on Jamaican Death Row with the Bar Human Rights Committee.
Having said that, it’s all about taking calculated risks. By that, I mean being really strategic about those acceptances. Assess them, even on a daily basis, by examining priorities (is this of sufficient importance to expend precious time and capacity on it?), purpose (why say ‘yes’ at all?), and, at the very basest of levels, ‘What’s in it for me?’
Without that analysis, prepare for the inevitable overwhelm. Saying ‘yes’ to everything leads – as bitter experience demonstrates – to taking on so much we spread ourselves too thinly and end up doing lots of things badly rather than a few things well. Nobody wants a busy fool as their brief. (I’ve written about avoiding these pitfalls for Counsel magazine before: see ‘How to say no but keep the opportunities flowing’, Counsel, July 2019).
It’s naïve, though, to think that opportunities come equally to all. Time and time again, data and research demonstrate that the playing field in law is far from equal. Women, compared to their male counterparts, commonly lose out when it comes to earnings, senior leadership positions, bullying, harassment and discrimination.
According to the Bar Council report, Gross earnings by sex and practice area at the self-employed Bar (November 2023), ‘in every call band and every area of practice, men’s median gross earnings are higher than women’s. The disparity in gross earnings between sexes is present at the very start of a career and quickly increases. The gap between men’s and women’s median gross earnings is greatest at the 11-15 years’ call band (30%). Women silks earn on average 71% of their male colleagues’ median gross earnings.’
If that isn’t difficult enough reading, the Bar Standards Board (BSB) research report, Income at the Bar – by Gender and Ethnicity (2020) reveals that those most adversely affected by income disparity at the Bar are Black women: ‘Incomes at the Bar vary very widely and analysis of data on income band held by the BSB shows that female barristers and BAME barristers are likely to earn less than male and white barristers respectively… Income differences are particularly stark when looking at gender and ethnicity together, with female BAME barristers the lowest earning group.’
While some glimmers of improvement are captured in figures produced over time for the BSB’s Diversity at the Bar reports, the 2023 report (published in January 2024) shows gender disparity continuing to exist in senior positions at both the Bar and on the bench. Despite 60% of new entrants to the profession being female, and women making up 40.6% of the Bar more generally, only 20.3% of silks are female, albeit this is up by just over 1% from the year before. According to 2024 Ministry of Justice statistics, only 37% of court judges are women.
Perhaps most shocking of all of the ‘unacceptable state of affairs’ at the Bar, revealed by the Barristers’ Working Lives Survey 2023 and Talk to Spot reports received from 2019-23, is that bullying, harassment and discrimination is a ‘systemic problem’. 41% of women have experienced bullying and harassment, more than twice the proportion of men. Women from ethnic minority backgrounds are disproportionately affected, being three times more likely than White men to experience bullying or harassment, and six times more likely to face discrimination (Bullying, harassment and discrimination at the Bar 2023, Bar Council). In response the Bar Council commissioned the independent review of bullying and harassment at the Bar chaired by Rt Hon Harriet Harman KC.
Many a time in coaching sessions, particularly with career-break returner clients undertaking onerous care-giving responsibilities, I’ve been struck by frustrations arising from part-time working (where practice areas allow), leaving women feeling compelled to work twice as hard for only half their pre-parental income.
If you subscribe to the view that each of these are discrete problems for women only, perhaps consider that you are not only part of, but are, the problem! These are challenges for all, with a cast-iron positive business case for addressing them. For example:
This is where the answers to those strategically posed questions about purpose and priorities can truly be found. This stuff matters. The sustainability of chambers as businesses (and the bench) relies upon them.
So how do we create, develop and maintain fair opportunity for all, and for the good of everyone?
More and more barristers these days understand the importance of prioritising wellbeing as a necessity as opposed to a luxury. As part of that, they are becoming confident around asserting boundaries, as much as themselves. There’s also a greater willingness to set time aside to improve mindset and resilience, professional confidence, work-based opportunities and achieve career success (‘Leaders in waiting: part 2 – confidence’, Nikki Alderson, Counsel July 2022).
Don’t leave yourself bottom of the pile. Working on confidence is integral to career progression and should be treated as such. It is an easy, non-negotiable ‘yes’. By way of example, it’s not uncommon to see counsel holding themselves back. Anecdotally in silk applications, men apply when they are around 50% certain of success, while women only apply when they feel 90% sure. Coaching can be a powerful reminder of the benefits of being in it to win it and moving out of our own way. As Richard Branson famously said: ‘If somebody offers you an amazing opportunity but you’re not sure you can do it, say yes – then learn how to do it later.’
With coaching support, confidently and impactfully return from a career break, while simultaneously maintaining healthy boundaries and better owning your own time. The list is endless as to how coaching can enhance the building of confidence and career success, and why prioritising it pays dividends.
Be alert enough to see the sunrise in every opportunity: don’t wait so long that you miss them. Consider some effective coaching questions to help:
To that end, don’t wait for opportunities to knock; create them. And when opportunities do come knocking, go answer the door.
Practice review guide for barristers and clerks, Bar Council, 2023
New practitioner earnings differentials at the self-employed Bar, Bar Council, 2024
Watch ‘Tackling the gender pay gap’ – an Inns of Court Alliance of Women event
See the independent review of bullying and harassment at the Bar, commissioned by the Bar Council and chaired by Rt Hon Harriet Harman KC
Barristers can learn more about the varied arenas in which their mediation skills can be deployed at the Civil Mediation Council Annual Conference on 6 and 7 November 2024
Inspiring and diverse candidates are being sought for the Attorney General’s Regional A, B and C Panels - recruitment closes at noon on 10 October 2024
The mentoring scheme for underrepresented applicants to the Commercial Bar enters its third year - the 2024/25 cycle is now closed for applications
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts
Pupillage offers hit new record exceeding pre-pandemic levels, Bar Council report finds
What’s it like being a Senior Crown Prosecutor? Stuart Page describes what drew him to the role, the skills required, and a typical day in the life
