A Study Investigating The Advancement Of Female Solicitors In England: Exploring The Promotion To Partner Level Process, Challenges And Opportunities

By Elizabeth Oruene Ikiriko

Abstract

The disparity in the number of male and female partners within law firms is a problem that has been present within the legal profession in England. As of July 2017, female partners constituted 33% as against 67% of male partners. Previous studies on gendered marginalization within the profession focused mostly on large/global law firms to the exclusion of small and medium firms where the majority of solicitors practice. Three theoretical frameworks (Preference Theory, Role Congruity theory and Social Constructionist theory) underpinned this empirical study. This research investigated the promotion to partner processes in two large, three medium and two small law firms in England with the aim of identifying the cause of the problem. The research was conducted using a qualitative approach with an interpretive paradigm. Face-to-face semi-structured interviews with five partners, a Sole Practitioner, a Human Resource Director, fifteen females and thirteen male solicitors were undertaken. The data was recorded verbatim using an audio-cassette recorder, then transcribed and thematically analysed with an inductive approach. Three main themes (ambition, work culture and promotion process) were identified coupled with several sub-themes. Findings confirm a lack of female-gender identity within all sizes of firms and the prevalence of male-oriented social constructs and stereotypes. In medium and large firms, female solicitors experienced minimal support from management in mentoring, case- allocation, remunerations, and support for female returnees after childbirth. In addition, male-oriented promotion processes coupled with poor knowledge management and an inadequate communication about the promotion models were found. A culture of silence exists across all firms together with a high rate of attrition about promotion to partner prospects among females. Poor well-being among solicitors and partners due to pressure of work was another finding of this study. Women, BAME and LGBT solicitors across all firms exhibited distrust and apathy towards equality and diversity initiatives. The recommendations made as researcher’s contribution to knowledge include a recognition of multi-gender trajectories and changes in work culture in all law firms, 4 compulsory membership of the Diversity Monitoring Scheme, the imposition of sanctions for non-compliance, introduction of partnership quotas for male and female solicitors in medium and large firms and an amendment of Section 78(2)(a) of the Equality Act, 2010 relating to equal pay. Compulsory incorporation of Equality and Diversity principles into continuous development programmes for management and practitioners and the appointment of Welfare officers alongside COLPS was recommended. Aspiring female solicitors should be more assertive and engage in self-help strategies for better selection opportunities. Further contribution by this researcher to existing knowledge includes the recommendation of a fair model of promotions to Partnerships in Medium and Large firms. The model that includes a clear written promotion criteria accessible to all, periodic six-monthly secondment of all partnership aspirants to serving partners for equal mentoring opportunities regardless of gender, ethnicity, sexual preference, age and disability. A model including quarterly workshops for such practitioners to enhance their human and cultural capital was proposed also.

Keywords: Advancement Of Female Solicitors, Gendered Marginalization, Multi-Gender Trajectories, United Kingdom Equality Act 2010, Equality And Diversity Principles, Continuous Development Programmes, Human And Cultural Capital [Keywords added]

Citation And Access To This Law PhD Thesis

Oxford University Standard for the Citation of Legal Authorities (OSCOLA) citation (adjusted):
Elizabeth Oruene Ikiriko, ‘A Study Investigating the Advancement of Female Solicitors in England: Exploring the Promotion to Partner Level Process, Challenges and Opportunities’ (PhD thesis, University of Bolton, United Kingdom 2018) <http://ubir.bolton.ac.uk/2111/>

Editor’s Note

Gender equality is a burning global issue. It is at the centre of the United Nations’ policies and programmes worldwide. It featured prominently among the United Nations Millennium Developments Goals (MDGs) and also in the current 2030 Agenda for Sustainable Development Goals (SDGs) where its provisions are in Goal 5 thereof (Achieve gender equality and empower all women and girls). The said Goal 5 states:

Goal 5. Achieve gender equality and empower all women and girls

5.1 End all forms of discrimination against all women and girls everywhere
5.2 Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation
5.3 Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation
5.4 Recognize and value unpaid care and domestic work through the provision of public services, infrastructure and social protection policies and the promotion of shared responsibility within the household and the family as nationally appropriate
5.5 Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life
5.6 Ensure universal access to sexual and reproductive health and reproductive rights as agreed in accordance with the Programme of Action of the International Conference on Population and Development and the Beijing Platform for Action and the outcome documents of their review conferences
5.a Undertake reforms to give women equal rights to economic resources, as well as access to ownership and control over land and other forms of property, financial services, inheritance and natural resources, in accordance with national laws
5.b Enhance the use of enabling technology, in particular information and communications technology, to promote the empowerment of women
5.c Adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality and the empowerment of all women and girls at all levels

Leesi Ebenezer Mitee
Legal Informaticist