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Feminism: Sex and gender discussions

Equality or Equality

33 replies

MeRichard · 13/07/2018 05:33

It is 100 years next year since women were first accepted as solicitors. The incoming president of the law society is female. Forty eight percent of lawyers are too (vs 47% of the general workforce). This all looks like progress. Predictably, the picture is lagging in top roles with just one third of partners being women.

We often think of law as very well paid, but lawyers often work very long hours and salary variations are huge. While a corporate solicitor in London, when starting, can be paid £90,000, a new provincial lawyer may earn below minimum hourly wage.

Seven percent of children attend private school, yet they make up 44% of those in the high-paying law firms. For well paid junior roles, the recent shift has not been toward women but specifically toward rich, privileged women. Ethnically the story is similar with privately educated Asians dominating, leaving behind state-schooled black girls, for example.

Law looks likely to achieve equality without any danger of becoming a meritocracy.

How much does the exclusion of the majority of the best women from a profession threaten gender equality?

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caroldecker · 16/07/2018 20:58

Apologies, missed a not:

It is not self-evident that private schools do not produce 2.5 to 5 times the most suitable candidates that apply.

MeRichard · 15/07/2018 20:09

To be clear the Law Society has no information about my background and it has no right to make it compulsory to provide that information

I understand and sympathise with your right not to say. My father and family once had to provide information on their backgrounds. Those who gave answers the government was looking for were then killed. The right not to answer is something I have always held dear.

If I remember correctly, the number who did not say, in the English survey, was something like 0.2%. A 25% response should generate a statistically significant conclusion.

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LassWiADelicateAir · 15/07/2018 18:47

To be clear the Law Society has no information about my background and it has no right to make it compulsory to provide that information.

LassWiADelicateAir · 15/07/2018 18:45

Ah, so the two nations are separate. Thank you for pointing that out. It strikes me that if the Law Society of Scotland are not collecting this data then, that is a mistake

England & Wales has a different legal system from Scotland.

The Law Society of Scotland issues surveys around every 5 years which include questions about ethnicity, sex, sexual persuasion. It does actually ask whether school was private or state in amongst questions about family background; whether participates at all or whether one replies to all questions is voluntary.

There was a 25% participation rate to the one 2013. I did not respond to it.

MeRichard · 15/07/2018 18:13

You seem to have a monomania about large London law firms - did you fail to get a job with one of them?

LassWiADelicateAir

Ah, so the two nations are separate. Thank you for pointing that out. It strikes me that if the Law Society of Scotland are not collecting this data then, that is a mistake.

I work in a completely different field. The figures for the large London firms are particularly bad. The figures for very small provincial companies look much better. If there are problems then they are much worse in London.

Your strong suggestion here is that only someone from the profession is entitled to care. I hope that is not your opinion but if it is then so be it. If on the other hand you feel that the numbers (for England) are acceptable then I respect your view - I don't share it but I can respect it.

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LassWiADelicateAir · 15/07/2018 16:58

No one is routinely collecting this data.
The Law Society has collected and published this data yearly. The fact that some solicitors, including yourself, have not noticed rather makes my point about the profession not taking due care. The Law Society really should have gotten your attention with these surveys somehow

I cannot speak for the Law Society of England but the Law Society of Scotland has never asked me which school I went to. And even if it did I wouldn't tell them.

You seem to have a monomania about large London law firms - did you fail to get a job with one of them?

MeRichard · 15/07/2018 16:38

Indeed. Good article. Very sad numbers.

It is not self-evident that private schools produce 2.5 to 5 times the most suitable candidates that apply.

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caroldecker · 15/07/2018 15:07

I am saying that it is self evident that private schools do not produce two and a half times to five the number of the most suitable candidates
It is not self-evident that private schools produce 2.5 to 5 times the most suitable candidates that apply.

For example: Pupils from ten private and grammar schools are 100 times more likely to apply for the most prestigious graduate schemes than their peers who were educated at the bottom ten per cent of schools, regardless of which universities they went on to, new analysis has revealed. www.telegraph.co.uk/education/2017/05/06/pupils-ten-private-grammar-schools-dominate-applications-top/

MeRichard · 15/07/2018 08:20

What exactly is the feminist / women's rights issue you're raising?
Too few state-schooled candidates are becoming lawyers in large London firms for the profession to be fully merit based. They must be rejecting some women candidates who are more suitable than some they have accepted.

That once it is accepted by a profession that not every candidate is the best for the role, then gender bias is easily hidden.

When candidate selection is not simply their suitability for the role but the way they speak, the way they dress, the school they went to or whatever, then gender bias is almost inevitable.

That this form of hidden bias can be exercised as a tendency to select fewer women than men with particular traits, views or career potentials.

That any gender bias matters, but will matter more to society as a whole when these lawyers go on to run the profession, chair enquiries or public bodies and become judges and politicians.

Why are you saying that state school educated people are the best that apply?
I have clearly not said that. I am saying that it is self evident that private schools do not produce two and a half times to five the number of the most suitable candidates.

no one has asked me what school I went to
I say again, surveys are sampled. Is this an ego vs statistics point you are making?

I wonder if your firm's cooperation was requested but they did not respond?

No one is routinely collecting this data.
The Law Society has collected and published this data yearly. The fact that some solicitors, including yourself, have not noticed rather makes my point about the profession not taking due care. The Law Society really should have gotten your attention with these surveys somehow.

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LassWiADelicateAir · 14/07/2018 22:57

I am confused as well. I'm not sure what point is being made.

My point is no one has asked me what school I went to. My educational background does not feature in any statistics about women in law. So what validity do any statistics purporting to show that privately educated women are over represented have? No one is routinely collecting this data.

caroldecker · 14/07/2018 22:04

Why are you saying that state school educated people are the best that apply?

Ataterf · 14/07/2018 22:03

I'm still confused. What exactly is the feminist / women's rights issue you're raising?

MeRichard · 14/07/2018 20:55

As to be expected statistically, LassWiADelicateAir. Thank you for answering such a direct question.

The surveys that I have looked at are sampled, like most I think, so the fact you have not been asked before isn't perhaps a total surprise.

That is a good point Kesstrel. As you suggest though 44% vs 18% still suggests quite a problem.

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LassWiADelicateAir · 14/07/2018 20:06

I asked for my reply to be removed but the answer ro OP is state educated.

kesstrel · 14/07/2018 18:41

It's actually 18% of A level students who are in private schools, and it's A levels that will be counted for those figures. Still a big discrepancy, but not quite as bad. I wonder if the figures are better for younger lawyers?

LassWiADelicateAir · 14/07/2018 15:50

This reply has been deleted

Message withdrawn at poster's request.

MeRichard · 14/07/2018 15:44

So did you only go to state schools LassWiADelicateAir?

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LassWiADelicateAir · 14/07/2018 13:37

I don't think my question was answered. I am a solicitor and a partner, not in one of the big London firms but in a Scottish context certainly one of the big name firms. What school I went to won't feature in any statistics as it is not information I have ever given.

MeRichard · 14/07/2018 06:23

MrsTerryPratchett

When you have an adversarial system, with...
Just curious, but are you saying that the adversarial system is inherently more discriminatory than say an inquisitorial system? Not an idea I had heard before but maybe worth thinking about.

I was primarily thinking about solicitors and not barristers. I was discussing conventional employment opportunities - a point which doesn't really apply to barristers.

No, I said " in your opinion". Because I don't agree.
Actually, I think we do both agree. I think we are both saying that just balancing the numbers is not enough.

judges letting rapists off entirely or with a slap on the wrist, and property seen as more valuable than people, and all the other hangovers
An interesting discussion I am sure. In this case I was more simply talking about careers and opportunities to enter the profession for the most suitable women.

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MeRichard · 14/07/2018 04:30

LassWiADelicateAir; see post seven in reply to post six.

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LassWiADelicateAir · 13/07/2018 23:20

How much does the exclusion of the majority of the best women from a profession threaten gender equality?

How do you know the best women are being excluded?

MeRichard · 13/07/2018 20:34

Yes indeed MrsTP.

Law is one of the most prevalent professions in parliament isn't it.

Judges start out as lawyers.

Lawyers are often the ones chosen to head enquiries.

Adequate representation at the top-level in law is not just academic. To achieve, not just a number of female lawyers, but highly effective, capable women in the profession matters.

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MrsTerryPratchett · 13/07/2018 20:07

One thing that does occur to me is that law degrees are extremely common amongst politicians. And if they are all rivals school educated white people, that's not good for the state of the country.

MeRichard · 13/07/2018 19:54

I guess you are being flippant DieAntword. I know gender discrimination is not a serious topic for every contributor.

However, your point is valid, recruiting the wrong women who then leave is not as useful as recruiting those who stay and instead end up being leaders in the industry.

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Ataterf · 13/07/2018 19:52

Yes, it is possible to achieve sex equality in some narrow area without fixing all other inequalities in that area. Is this somehow surprising?