Legal Women November 2023

LegalWomen Xxxxxxxxxxxxxxxxxxxxxx

THE UK MAGAZINE FOR ALL WOMEN WORKING IN LAW

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AUTUMN 2023

IBA President -

Almudena Arpón de Mendívil Aldama

How to Negotiate the Pay Rise You Deserve Gender Pay Gap The Jury's Out? - Sexual offences LegalWomen | 1

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2 | LegalWomen

PUBLISHER Ian Fletcher Benham Publishing Aintree Building, Aintree Way, Aintree Business Park, Liverpool L9 5AQ Tel: 0151 236 4141 Fax: 0151 236 0440 Email: admin@benhampublishing.com Web: www.benhampublishing.com ACCOUNTS DIRECTOR Joanne Casey

Contents 5 Foreword 9 The Jury’s Out? 10 Dr Molly Bellamy

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SALES MANAGER Catherine McCarthy STUDIO MANAGER John Barry

interviews Grazia Robertson

MEDIA No. 1942 PUBLISHED November 2023 © Legal Women Magazine, Benham Publishing Ltd. LEGAL NOTICE © Benham Publishing.

None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press. Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us.

DISCLAIMER Legal Women Magazine welcomes all persons eligible to join our community regardless of sex, race, religion, age or sexual orientation.

All views expressed in this publication are the views of the individual writers and not those of Legal Women unless specifically stated to be otherwise. All statements as to the law are for discussion and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance. Members of the public should not seek to rely on anything published in this magazine in court but seek qualified legal advice.

COVER INFORMATION Permission of IBA President - Almudena Arpón de Mendívil Aldama

Copy Deadline 26th January 2024

For the February 2024 edition Advertising Anyone wishing to advertise please contact Catherine McCarthy before the copy deadline. 0151 236 4141 catherine@benhampublishing.com Editorial To submit editorial, please send to: info@LegalWomen.org.uk Editor-in-Chief: Coral Hill. Features Editor: Molly Bellamy. Sub-editors: Gillian Fielden, Tilly Rubens, Joanne Skolnick. Editorial Team: Ramsha Khan, Charity Mafuba, Elizabeth Shimmell and Emma Webb.

Researcher: David Smith.

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12 Dr Molly Bellamy

interviews Professor Fiona Leverick

14 We Are All Equal 16 How to negotiate the

pay rise you deserve

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18 Black History Month 20 IBA PresidentAlmudena Arpon de Mendivil Aldama

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22 International Bar Association

24 LW Likes 25 LW Recommends 27 Ask LW: Promotion 30 Poetry Corner 31 Events 36 Careers in Law 37 Alternative Careers in Law

38 Book Review Find us online at: www.LegalWomen.org.uk LegalWomen | 3

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Introduction

Foreword AUTUMN 2023

L

egal Women is now embarking on its fourth year, and I really appreciate the enormous support I have received.

The magazine would not have been feasible without Benham Publishing, and in particular, the belief in the project of the managing director, Ian Fletcher. We have had many volunteers helping – thanks to all of you. I can’t namecheck everyone but three people who have been with this publication since its early days and have been consistently dedicated are our social media team (who now do so much more too) Charity Mafuba, Elizabeth Shimmell and Emma Webb.

I’m delighted that sponsors are getting involved, as I want to ensure the magazine is sustainable for the future. I would like to maintain it as a completely free resource. With this in mind, I am setting up a link for readers to ‘buy’ the Legal Women team a virtual cup of coffee once a month. Not everyone can afford that, I understand, but for those who are working and enjoying the publication please do consider helping us in this modest way. We will publicise the link in social media and in a subsequent newsletter.

I now turn to a sadder matter. I am dedicating this edition to a great friend and mentor, Elizabeth Cruickshank, who died earlier this year. I chose Elizabeth as my role model a few years ago, when writing about the centenary of the Sex Discrimination Act 1919 (the Act that allowed women to qualify as lawyers). My reasons included that Elizabeth had achieved a unique balance in her life, which pre-pandemic, was pretty unusual for a lawyer. Despite her focus on one area of research, Elizabeth continued with many other intellectual interests and physical activities. This is exactly what I wanted for my life – not to be consumed by one thing. I aspired, and still do, to be the well-rounded and inquisitive person that Elizabeth was. She and I had some similarities which made me think ‘maybe I can do what Elizabeth has done…’ and amazingly my path is developing that way. This is the power of role models.

We shared a love of Scotland – Elizabeth was born there, whilst my parents moved there when I was a teenager. We were both passionate about education of ourselves and others, particularly those whom the system fails. Elizabeth had been a teacher in Surrey (whereas I had taught in Sudan). She was a mother, a solicitor, a historical researcher, publisher of the magazine for the Association of Women Solicitors and an excellent golfer. I even liked her elegant clothes! In summary, she was someone I could admire and relate to; we could meet in Peter Jones for a cup of tea and discuss everyday things as well as writing projects.

I first met Elizabeth when I submitted an article for the LINK magazine she edited and again later she spoke at AWS events about her research into female lawyers. She was painstakingly thorough, having read every single Law Society Gazette since its inception in 1903 (looking for any mentions of women so she could piece together who they were and what they were doing).

For female lawyers of my generation, LINK* was a hard copy magazine sent by The Law Society of England and Wales to all those who wanted it. I vividly remember reading it in the middle of the night when my six-month-old son had woken the whole house – a reassuring read about what I might do later in my life. It gave me ideas of how people were juggling things and about other ways I could use my law qualifications and skills. I aspire to continue this in Legal Women.

One particular legacy for me which I cherish, was Elizabeth gently suggesting that each of us invite a junior lawyer, as our personal guests to a legal dinner. This is such an elegant way of showing someone they are appreciated and giving them an insight or introductions in an unobtrusive way. As Elizabeth said, ‘What young person doesn’t like a free dinner?!’ ■

Coral Hill

Founder & Editor-in-Chief *LINK was in the pre-digital era but all back copies of LINK are held by the Women's Library and The Law Society of England and Wales Library.

Elizabeth Cruickshank 1944 - 2023

Obituary: Elizabeth Cruickshank | Profile | Law Gazette Tributes to Elizabeth Cruickshank | Feature - NIR News - UK Elizabeth Cruickshank - First 100 Years

LW magazine is for everyone; lawyers, solicitors, barristers, advocates, judges, legal executives and those working as paralegals, legal secretaries, advisers or recruiters, the list is endless. We welcome the many male champions as readers and contributors.

Our mission is to: ■ Provide clear information on gender parity ■ Inspire practical initiatives to create real change ■ Promote innovation in leadership and practice LegalWomen | 5

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Sexual Offences and Justice

Part two of a three-part series

The Jury’s Out?

Dr Molly Bellamy speaks to four leading professionals about the pilot scheme in Scotland to hold judge-only trials for rape cases.

Everyone wants justice in these cases but there are widely different views on how we might achieve it. This complex topic will be explored over three editions of Legal Women.

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Grazia Robertson Criminal Defence Lawyer

Shiela Webster, President of the Law Society Scotland

Fiona Leverick, Professor of Criminal Law and Criminal Justice, University of Glasgow

Baroness Helena Kennedy KC

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Sexual Offences and Justice

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his is the second of a three-part feature examining the merits of judge-only trials for rape, as proposed in recommendations by one of Scotland’s most senior judges, The Right Honourable Lady Dorrian1. I have been following the development of these proposals which currently involve a pilot on whether to introduce juryless trials for rape cases. If it is proceeds, it will be introduced to the Scottish criminal justice system through the bill: Victims, Witnesses, and Justice Reform (Scotland) Bill.

much struggled over terrain and ‘glass ceiling’ battle. But how notwithstanding, ‘the Criminal Justice System has lost the trust of women today.’

Response to the pilot has been voiced strongly by the judiciary and by members of the legal profession in Scotland. The reporting of the matter in the wider media has tended towards a polarised representation2 which flattens out the complexity of the pilot. I have approached four women in key positions to reflect on the matter, with a view to framing a more nuanced account of the difficulties and implications of the pilot.

I also speak to Professor Fiona Leverick, whose seminal research on rape-myths in jury trials provides the substance for the evidence-gathering stage of the bill, enabling it to traverse its passage through the legislative process. ■

In the last issue of Legal Women, my conversation with Baroness Helena Kennedy set out the contours of some of the finer points at stake.3 Helena gave a retrospective of how women have experienced the legal system since the 1980s, charting some of the steps towards reform and giving us accounts of that

In this second part, I speak to Grazia Robertson, a Defence Lawyer working on sexual offences and rape cases on a regular basis. The focus of this candid conversation emanates from her experience as a professional in the field and highlights the value of the jury as a cornerstone of the Scottish justice system.

1

You can read the interview with Lady Dorrian here: https://issuu.com/ benham/docs/1941_legal_women_august_2023_new 2

https://www.heraldscotland.com/news/23808687.senior-judgesoppose-plans-sex-crimes-juryless-trials/, https://www.scottishlegal. com/articles/law-society-hits-out-at-juryless-trials, https://www.youtube. com/watch?v=RrniTv0jC4E&ab_channel=TheScottishSun 3

You can see the first part of the discussion with Baroness Helena Kennedy here: https://issuu.com/benham/docs/1941_ legal_women_august_2023_new/10

Grazia Robertson is a criminal defence lawyer practicing in Glasgow and surrounding areas. She has spent her whole professional life in private practice and has been involved in a number of sexual offence cases.

She is a former Law Society of Scotland Council member and currently sits on the Law Society Criminal Law Committee. Her other roles include standing advisor to BBC Scotland on criminal law matters and is a former tutor in the Diploma in Legal Practice. She lives in Glasgow with her husband and rescue greyhound, Ziggy.

Grazia Robertson Criminal Defence Lawyer

Dr Molly Bellamy interviews Grazia Robertson MB: Grazia, as a defence lawyer who has worked on many rape trials how do you feel about the juryless trail pilot that has been proposed by Lady Dorrian?

Grazia: It concerns me that we are attempting to remove the jury from the jury system. We are saying, in effect, that there are some cases that juries are incapable of considering fairly and dispassionately. That worries me, it is anti-democratic. Having spent my career seeing juries in action, I believe them by and large to work well. A jury, if properly instructed, does its job.

MB: How do you respond to people who are in favour of jury less trials?

Grazia: I have yet to encounter someone who feels strongly that juries must be excluded from certain cases. To take such a fundamental step, I would expect those supporting it to present 10 | LegalWomen

very strong arguments in favour. Rather, I hear people say that removing juries’might’increase conviction rates and ‘might’ make complainers1 feel less traumatised when giving evidence. However, in my view, these arguments in favour seem a little weak. It may increase conviction rates but surely that in itself is not the purpose of the criminal trial; the purpose is to ensure that those found guilty of a crime were convicted on the basis of strong evidence which satisfies beyond a reasonable doubt. The fundamental safeguard against wrongful conviction is that a jury must be satisfied ‘beyond all reasonable doubt’. There must always be the right to challenge evidence robustly and that is done by cross-examination.

Put simply, the desire to increase conviction rates should not be the driving force behind making such a fundamental change to our system of criminal justice. In this new suggested pilot scheme, the judge sitting alone will be well aware that the aim is to

Sexual Offences and Justice

increase conviction rates and this would inevitably impact on their judgement; there would be a subtle but real pressure to convict.

The judge would also be required to give detailed reasons for the decision reached, and that decision will be scrutinised closely.

Compare this to the jury system where juries make their decision with no external interference. No one knows which individual juror voted for a particular verdict, thus allowing more freedom in their decision making. The argument of low conviction rates is not, in my view, a sufficiently good reason to exclude juries.

MB: So how might the issue of low convictions rates be addressed otherwise?

Grazia: We are all aware that conviction rates for sexual offences are lower than for certain other offences, and there have been many changes and accommodations made to address this. Things have changed! Many questions put to those giving evidence in sexual offence cases years ago would simply not be tolerated now for example; questions regarding the provocative nature of a woman’s clothing, her sexual history, even her sexual history with the person in the dock, none of that is allowed.

If the defence wish to ask any questions at all regarding the complainer’s sexual behaviour, a special application must be made to the court in advance of the trial. This application is considered by the judge who rules on what questions may or may not be asked and the judges take a firm view on what is permissible. For example, it would be very rare for the defence to be allowed to ask questions regarding any previous consensual sexual encounter that there may have been between the parties.

These changes have been made in recognition of the fact that it has no evidential relevance and would serve only to seek to appeal to outmoded prejudices regarding women’s behaviour. The premise of a criminal trial remains a simple one; evidence is led, tested by cross-examination and if the evidence reaches the appropriate standard, which is a high one, the individual is convicted. If the evidence does not satisfy the jury to that standard, the individual is acquitted.

It is what each of us would want to happen, should we or any of our loved ones find themselves in the dock charged with a serious crime.

MB: Are you saying that there is no need for reform?

Grazia: The law in Scotland is constantly changing and being scrutinised in an effort to address what is identified as injustice in the system. Corroboration, a particular feature of Scots criminal law, has been seen by some as a bar to prosecution in some cases.

This is constantly being reviewed by the Appeal Court to such a degree, that now the slimmest of evidence can be considered corroborative. In my view, its value as a safeguard against wrongful conviction has been so weakened as to render it of little worth.

There have been many changes to the way complainers in sexual offence cases give their evidence for example, their evidence can be given behind screens or by video link away from the court room itself. Most recently, for rapes cases, evidence from the complainer, including cross- examination is taken and recorded in advance of the trial process itself. This has been introduced so as to avoid the trauma of potentially having to wait years before giving evidence in court.

Law and procedure in Scotland has progressed a great deal in this area over the years.

MB: This sounds very positive, so what would you like to see happening now?

Grazia: We continue to make changes yet the same argument is heard from some quarters that the system is biased against the victim and in favour of the perpetrator. Are we to believe that things

have not improved at all in the intervening years? It would be helpful if there were proper evaluation first regarding the effectiveness of the changes already made. This might give insight into whether or not there does remain a fundamental problem with the system.

MB: Can you expand?

Grazia: Nowadays, we prosecute rape and other serious sexual assault cases on the basis of weaker evidence. Cases where previously, a decision would have been taken not to prosecute - are now taken to court. Logically, if the jury are applying the correct evidential test, it would not be surprising that conviction rates would be lower. The more ‘weak’ cases you take to court, the more likely you are to get an acquittal. And yet this factor is often ignored when it comes to considering low conviction rates. Conviction rates are lower than other offences but they are rising overall. What is the reason for that? Why are they rising, why do we have lower conviction rates for rape as compared to other sexual offences? I don’t know the definitive answers to those questions, but if juries are not to be trusted with these types of cases, how is it that the conviction rate is rising?

Molly: Are you saying that the notion of the rape myth is a myth itself?

Grazia:This may be controversial, but I’m not comfortable with the term ‘rape myth’ because I consider it to be a misleading term. I’m told that one rape myth consists in jurors equating a delay in the reporting of the crime to the police… with the idea that the complainer is lying. And yet, there may be cases where the attitude or demeanour of the complainer after the event could be something that the jury properly considers relevant. And this could be an indication that it isn't a strong case. The jury is entitled to take that into account during their deliberation of the evidence as a whole.

MB: So, a delay in reporting a crime may not necessarily be read off by a jury prejudicially you are saying, and the notion of ‘rape myths’ in some way serves to objectify juries?

Grazia: The idea that juries routinely hold unreasonable and prejudicial views is, I believe, very unfair on juries. Juries are not a category of people with odd views, they are people like you and I, in fact, the beauty of the jury system is that it is made up of ordinary people. Of course, individuals may hold unsavoury or unpalatable views, but again the beauty of the jury system in Scotland is that we have 15 people who can each bring their lived experience to their decision-making, and the prosecution only need to convince 8 of them to secure a guilty verdict. Individual prejudices are evened out across the whole of the jury.

It’s important to remember judges are not immune to prejudice either and that a decision made by a jury could be perceived differently to a decision made by a judge sitting alone, a judge selected through the narrow confines of a discrete selection process, to the extent where those convictions made by a single judge may even weaken the credibility of cases where you are getting a conviction.

MB: Your concern not to lose the jury - is reflected strongly by many others in the profession…why so?

Grazia: The jury system makes a strong statement; you are being judged by your peers, members of your community, and if you are convicted by a jury, it is your community who has passed judgement on you. That is a powerful thing! ■

Dr. Molly Bellamy 1

In the English and Welsh system the term used is ‘complainant’.

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Sexual Offences and Justice

Dr Molly Bellamy interviews Professor Fiona Leverick Fiona Leverick is Professor of Criminal Law and Criminal Justice at the University of Glasgow. She has published extensively on issues relating to the criminal justice system and on prosecuting sexual offence cases. She was a member of the team who undertook the largest single mock jury study in the UK, which was funded by the Scottish Government.

Professor Fiona Leverick was part of a team who undertook a large-scale research project involving 863 members of the public who took part in 64 mock juries, 32 of whom sat on a rape trial. The trials were scripted and performed by actors, and then watched by the mock jurors, who then went and deliberated as a group to reach a verdict. These deliberations were video recorded and transcribed.

MB: Fiona, was the research commissioned specifically to look at rape myths?

Fiona: No, it was actually commissioned by the Scottish Ggovernment to look at different features of the jury decision-making process in Scotland, such as the not proven verdict, but because one of the trials was a rape trial we were able to shed light on how juries deliberate in such cases.

MB: What criticism has there been of your mock jury research?

Fiona: The criticism that some people make of mock jury research is that it’s not ‘real’, reflected in comments such as jurors in real trials wouldn't behave like that. However, I would argue that our jurors were ‘real’ members of the public, all eligible for jury service. And I don't think their beliefs and prejudices would have magically changed simply because they were on a real jury.

MB: And what did you find?

Fiona: We found extensive evidence that jurors were believing in what we would call ‘rape myths’ that is, false, prejudicial beliefs that mean they weren't looking at the evidence objectively. They were coming to it with a bias in mind. In particular, we found jurors making statements about how they didn't believe it was really a rape if there were no injuries, they expected that our complainer1 would have more injuries, with comments such as well, if it was really a rape, then we would expect that she would've fought and would've had internal injuries And in this sense, they were completely unaware of that body of evidence that shows that people can freeze in traumatic situations.

MB: As against participating in a simulation.

Fiona: Yes, they knew it wasn't a real case. They watched the trial on a big screen and then they went in and deliberated. But they took it seriously and engaged in quite detailed deliberations.

Other statements were made about expecting the accused person to have defensive injuries, which in our scenario he didn't, and comments were made to the effect, that if it were a real rape, she would've fought, and scratched him, and she would've tried to get him off her. These comments indicate that some jurors disbelieved the complainer’s story because there were no defensive injuries. Another response suggesting disbelief of the complainer’s story, was in relation to the short delay that happened before the complainer phoned the police. Some jurors took this as evidence that she wasn't telling the truth, as a ‘real’ rape victim would've phoned the police immediately.

MB: Negating the impact of shock or trauma experienced by the complainer at the time, you mean?

Fiona: Absolutely! That it may be a perfectly normal reaction not to phone the police immediately under those circumstances...

MB: And are these examples of what is meant by the term ‘rape myth’; an expectation there should be internal injury on the part of the complainer; defensive injury on the part of the accused; or decisive action taken after the event?

Fiona: Yes - there are many other rape myths, but this was evidence from our mock jury research.

MB: Were they paid to participate?

Fiona: Yes. MB: How do your findings compare with other large research projects into rape trials?

Fiona: We’ve compared it to a second body of evidence from research undertaken in New Zealand, but those colleagues have done something that we wouldn't be allowed to do in the UK by interviewing ‘real jurors’ after a sexual offence case. The New Zealand project interviewed jurors after the end of a real serious sexual offence trial, inviting them to talk about the verdict they came to, and their findings reinforce our own, namely jurors talking about the case in a way that relies on some of these prominent rape myths we have been discussing indicating that jurors hold prejudicial or false beliefs.

MB: And do you think this is one reason why the conviction rate is low?

Fiona: Yes. MB: Is the prejudice a cultural thing, a structural thing, a part of our society?

Fiona: There are misogynistic attitudes which are pervasive in society.

I think there's something else going on as well though, particularly in relation to the women who express these beliefs, and I think part of it is, that they may think that if they found themselves in that same situation, they would be able to fight back. A kind of defensivemechanism where they think: If that was me, I would shout and scream and fight him off…. Well, I would be able to do that… why couldn't she? Though actually, of course, you never know how you're going to respond to trauma until it actually happens. I think there is something Images by 'We're Sew Done'.

12 | LegalWomen

Sexual Offences and Justice going on here where some women just find it difficult to imagine a woman in that situation not responding in the same way. It's a little bit different perhaps, to the sort of thing that's going on in relation to some of the younger men who express prejudicial beliefs.

MB: That’s an interesting distinction! But isn't there always a risk of projection with jury trials where people are invited to draw on their life experience to make an evaluation.

Fiona: Absolutely! However, what is noticeable here, is the way life experience is brought to bear differently in different kinds of trial. For example, we had two different trials in this project with mock juries; 32 participated in a rape case, the other 32 participated in an assault case.

MB: What was different about them in terms of life experience?

Fiona: The assault case consisted of a fight outside a bar involving two men. In that case, the jurors did exactly what you would hope they would do. They brought their life experience to bear and you actually had people on the juries who’d been involved in those sorts of situations and understood how they would normally react themselves.

So in that case, the experience the jurors brought to the table was positively beneficial because it helped other jurors to understand how one might react if somebody pulled a knife on you. In that case, they were doing exactly what they ‘should’ have done, but it didn't work like that in the rape case.

Jurors thought they were bringing their life experience to the rape case…but mostly they thought they knew already how they would react and brought that to bear - in a way that was detrimental.

MB: Are you stating that a rape case somehow invites a more negative projection?

Fiona: I think in the assault case, jurors tended to listen to people who told them otherwise. So, when somebody said, no, actually you're wrong when you're in that sort of situation, you know …in the heat of the moment, you react, you don't think about it…. other jurors might say, oh yeah, okay, I hadn't really thought about that.

MB: They were open to a difference of view you mean?

Fiona: Yes – so although people may be ‘projecting’ in terms of, this is how I would react or this is how I think I would react. I think the difference is that with the rape trials people held more entrenched views, prejudices that were very difficult to displace. For example, although we found positive responses such as, well hang on a minute, I have been in that sort of situation and I did freeze, I didn't fight back… these responses didn't seem to challenge the beliefs of the other jurors to the same extent. That's the difference! Some people's beliefs are so entrenched that you need more than somebody telling you you're wrong, in order to change those beliefs. It’s interesting because actually one of the big advantages of jurors is said to be simply that they have life experience.

MB: So, coming back to the research, the methods you used to collect this nuanced data from the jury deliberations, have enabled you to do a discourse analysis on the comments made by them, which is how you are able to make claims about ‘entrenched views’ – is that right?

Fiona: Absolutely! And I think what we did was really valuable.

MB: It is an in-depth qualitative research approach, which for such a large-scale government-commissioned study is quite unusual isn’t it?

Fiona: Well, I think research that uses questionnaire-only methods can really fall down. Because you can ask somebody about their views in a questionnaire, or you can use the rape myth acceptance scales methods for example, but they don’t really give you a very good indication of how people are going to behave in the deliberations.

In fact, there is research to show that people who score very low on rape myth acceptance scales, appearing not have prejudice, may in a concrete scenario still express prejudicial views. I think that's why questionnaire methods are limited. The instances of prejudice are more tangible in an in-depth analysis of jury deliberations.

MB: How has the research fed into the professional sector?

Fiona: Our research has fed into the reviews of prosecuting sexual offences as they have been going on. So, in Scotland we have the Dorrian Review, which is the review that recommended the single

judge pilots; in England & Wales, the Law Commission, have been looking at this…

I think one of the issues is that there's not much qualitative research around, and one of the main reasons for that is simply it's very difficult and expensive to do. It's much cheaper to ask somebody to fill in a questionnaire. However, with our research the cost involved was big and we were lucky to be able to script a trial scenario. We had to pay legal advisors to make sure it was appropriate. We had to pay actors, we had companies film it. We had a market research company to recruit participants. We had to hire premises, to hold the juries. We had to hire video recording equipment, you know, it’s expensive to do something like that.

MB: What are potential next steps for this issue?

Fiona: You've either got to try and work with jurors in the context of the trial to try and address some of their false beliefs. Or you say, ‘well, we can't do that, we're just going to have to look at judge-only trials’.

MB: Do you have an informed preference Fiona: I think that is a difficult question to answer, not least because one thing that my research project has done is to restore my faith in juries in many respects!

Juries have many, many advantages and we saw how much so in relation to our assault trial.

It's a big step to take away juries for criminal trials. There are many good arguments for having a jury; the fact-finding argument, the constitutional argument, the separation of powers argument; bringing democracy and public involvement into the decision-making process. So, it's a really big step to propose getting rid of the jury, even in just one particular type of case. I don't take it lightly! What I'm really struggling with, is whether there is an effective way of addressing the problem within the jury setting - given women's experience of going through the justice system after reporting of sexual assault or rape, is so traumatic; regardless of whether it ends in a conviction or an acquittal. I think a lot of the measures that are being proposed at the moment, such as specialist support and trauma-informed practice, will definitely help with that problem. However, I think the issue around rape myths and cases being heard objectively rather than formed by prejudice, is a slightly different issue.

When juxtaposed, the women’s reflections raise the question of whether change is for the better or not?

For Grazia - that much ‘struggled over terrain’ discussed by Helena Kennedy in part 1, has in effect become established practice in court.

And in her view, we should be circumspect about further reform.

For Fiona – the cultural bias which is prejudicial towards women, also discussed in part 1, is an inherent feature of jury trials, and that some change in relation to juror education is required.

In the third and final part, which will be published in the Legal Women Winter (February) edition and we will hear from the President of the Law Society in Scotland, Sheila Webster. Sheila will talk about how the discrete but interlinked changes contained in the bill may bear significance for eventual reform. ■

Dr. Molly Bellamy Molly holds a PhD in Sociolinguistics and Education and an LLM in Dispute Resolution. She has held university posts for many years as a Senior and Principal lecturer. She has worked in the legal sector as a case worker for Bail for Immigration Detainees (BID) and currently teaches at the University of Law and is engaged in independent research.

LegalWomen | 13

Gender Pay Gap

WE ARE ALL EQUAL. (Just some more than others) W

e have come a fair way in the quest for equal pay. But dig deeper and discrimination and unfair treatment are shockingly - still very much alive.

Earlier this year, Birmingham Council - the largest local authority in the UK and in Europe- declared itself bankrupt and, sensationally, blamed women demanding equal pay as the main cause.

There are three phases to securing the pay rise you deserve.

In 2009, over 1000 women employees of the Council brought a claim against their employers over bonuses. In the 80s, 90s and even beyond, there was a belief - not just with Birmingham but with many councils - that men did ‘proper’ work like road sweeping or collecting rubbish while women did ‘soft’ work like cleaning, and it was only the real workers who should be rewarded with bonuses.

These bonuses also were meant to incentivise productivity amongst men, something that was not required with the women who were more naturally productive. This was just one of several cases brought by women and since then the Council has spent over £1.1 billion to settle such claims and has an expected deficit of £87 million for the next financial year.

The Council blames the women. There was no blaming itself for not paying equally and fairly to start with.

Translate these into how they can be perceived/used at a job interview and it could lead to someone with more masculine tendencies to demand and therefore get more whereas someone with more feminine tendencies to be grateful simply to be offered an opportunity and therefore to ask and receive less.

Employers need to recognise the value in both perspectives, to have the ability to use them how and where they are most needed and not to financially reward or penalise because of them; a lesson Birmingham would have benefited from.

Ruby Dinsmore, partner at Penningtons Manches Cooper, reinforces the concept that certain traits can lead to receiving lower pay.

“There really is a split between the sexes when it comes to negotiating pay, not only when starting employment, but also once they are in employment. Men are often far more forceful when it comes to negotiations and much more ‘men and women both have feminine commercial in their approach, which and masculine attributes’ generally results in higher salaries and better packages.”

Daphne Romney KC says that it was the cases against Birmingham (which she was involved in) that encouraged a lot of other discriminated women in lower paid jobs to take action.

“This pattern of men doing ‘proper’ work and women doing ‘less important stuff’ has continued and what happened with Birmingham is now expanding into the retail sector. 70% of shop workers are female - it is a similar percentage with council workers - and most of them are part-time because of childcare responsibilities. Today, Asda has 55,000 claims in the employment tribunals. Some of these have been going on for ten years and with interest accruing at 8% a year in discrimination cases, the longer you kick the can down the road the more expensive the settlement will be. I have had cases where the ladies actually got more in interest than they did in what they were recovering. If Asda loses, it will cost them billions. Because the whole of society seems to be broken down into men’s jobs and women’s jobs -with the former being regarded as more valuable instead of as equal value - there is a whole swathe of potential litigation. It’s the same in the NHS. The maintenance guys get more than the nurses.”

This devaluation of the more ‘feminine’ type of work touches on something we need to address in order to get true equality and fairness in the workplace and in society.

Men and women both have masculine and feminine attributes in differing percentages. Both are necessary for business - and society - to flourish. Recognising the value of both and not holding one in greater esteem is the way towards true equality.

Eminent consultant psychiatrist and Jungian analyst, Dr Spyros Karvounis explains: 14 | LegalWomen

“Feminine and the masculine perspectives are not the woman or the man and both women and men access them equally. A feminine trait is to be more appreciate, a masculine one to be more demanding, aggressive.”

According to Linda Wong, a partner at Leigh Day, gender stereotyping and occupational bias ensure the pay gap persists.

The unfair share of childcare otherwise known as the ‘motherhood penalty’ is another main driving force of the pay gap.

Day is one of the lead lawyers in the Asda equal pay case (the biggest private sector equal pay claim in UK history) and also in a similar claim against Sainsburys.

“Equal pay legislation has been in place since the 70s yet we are still fighting for equality today. With cases such as Asda and Sainsburys, the point is being forced across - which is sometimes the only way to change societal views.

Historically it was men who held the most senior roles and women held the majority of the part time positions - something which remains true today. Women have gaps in their tenure when they have children. One way of addressing the gender pay gap is for the Government to better the equality relating to childcare. Statutory paternity leave being up to two weeks while statutory maternity leave of up to 12 months is ridiculous in the ongoing challenge to balance caring responsibilities” Legislation - on face value - seems to support parity of pay. The Equality Act of 2010 replaces previous legislation on equal pay, including the Equal Pay Act 1970, the Sex Discrimination Act 1975, and the equality provisions in the Pensions Act 1995 giving women a right to equal pay for equal work. It also makes it a legal requirement for employers to publish their gender pay gap data yearly.

Gender Pay Gap

These requirements are clearly falling short. The reporting requirement is only for businesses who have more than 250 employees, excluding 99% of private employers. Many businesses fail to report - with little consequence. We can only hope lobbying will bring in more accountability.

Polly Rodway, a partner at BDBF, agrees that the reporting has been disappointing in its effect on the pay gap.

But, according to Catriona Watt, a partner at Fox & Partners, very few senior women choose to look for legal redress. If they did it would be virtually impossible for them to get subsequent employment elsewhere.

“Unfortunately, there seems to be a general acceptance that this gap is the way it has always been; it is worrying how little progress has been made. There is also the fear of the stigma attached if a senior woman raises issues about pay. This perpetuates the problem.”

“PWC’s published analysis of the 2022 gender pay gap data showed that 43% of companies reported an increase in the average Harini Iyengar, a barrister at 1KBW, ‘we need a culture change’ gap from the previous year. The mantra believes it is hard to gain public interest adopted by the Government Equalities in the topic of gender pay gap in the Office in relation to gender pay gap legal sector because it is perceived that reporting was ‘what gets measured gets managed’. The data is female barristers and solicitors are so privileged and high-earning being measured (albeit not wilfully - the EHRC had to send 730 that they do not engender sympathy. warning notices to employers who met the deadline in 2023) but it’s clearly not being managed.”

“The figures are shocking within our profession. The evidence shows that the gap in what male and female barristers earn has A recent analysis by the Guardian shows that the gap has not actually increased over 20 years. The more senior a woman lessened in the past five years - when companies were first gets, the gap gets even bigger. It is a fundamental equality issue. required to report - proving how ineffective and inconsequential the Coupled with the ethnicity and disability gaps that also exist, that reporting has proven to be. Four out of five employers are paying can make it hard to attract younger candidates to the Bar, because men more than women. The median pay gap remains at around they know the pay gap data. The reasons are cultural, some of 9.4%. which relate to what we as women do. For example, the disciplines women tend to prefer pay less. Plus there is still the stereotypical The EU has just introduced a directive called the Pay Transparency idea of how unavailable women are for work - particularly once they Directive which has everything that UK lawyers have been crying become mothers. Sexual harassment at all levels also comes into out for for the past umpteen decades. play. There is also old-fashioned sexism where doors are opened You can ask your employer what others doing comparative work for men where they are closed for women. A lot of women are earn and they are obliged to tell you. You are not restricted to six just grateful to be in the profession - and don’t dare to demand years to bring a claim. There is no permission for an employer to more money. Women are realistic and understand that for it all to ask an interviewee what they currently change, requires a big shift in society. earn but they have to advertise a job Women are inhibited about saying ‘it’s ‘very few senior women choose to look with a salary attached. Gender pay not fair’. We don’t want to be labelled for legal redress’ gaps have to be rectified. as grumbling and can’t afford to risk damaging our reputations.”

Because of Brexit, we have missed out on this legislation which could have been transformative. The Elaine Banton, barrister at 7BR, says; current Government seems averse to introducing such changes whereas there is a movement headed up by Stella Creasy in “Whilst discrimination and equality are what my work is all about, the Labour Party committed to such improvements. Indeed, being a woman myself I can fully contextualise the problems gender pay gap reporting is dealt with in Labour’s Green Paper we face regarding pay. I perceive not being paid equally to be – ‘A New Deal for Working People’ – published in September of offending and degrading. It is akin to a violation of a human right. I this year. It states: ‘Labour will enforce the requirement to report see women broken by it. We need to do a lot more about holding and eliminate pay gaps with employers required to devise and people accountable as it is proven that when you pay people implement plans to eradicate these inequalities’. If Labour were to appropriately the injection to the economy is good for business come into government and this were taken forward there will be a and for society and has been calculated as potentially contributing requirement to take action to close the gaps, but it is not clear what billions or more to the economy. We need to be more demanding the consequences will be of (a) failing to publish and implement of employers. The lack of transparency in this country is supporting a plan (presumably enforcement action by the EHRC); and (b) and perpetuating the discrepancy. We need a culture change.” publishing and implementing a plan but failing to close the gap.

The proposals in the Green Paper were debated at the Labour That change of culture can only come with education and with Party conference and those which received support are expected legislation - something that many are already clamouring for. Whilst to appear in the manifesto for the forthcoming General Election. the gap is still very much there, nonetheless progress has been (https://labour.org.uk/wp-content/uploads/2022/10/New-Deal-formade; when cases are brought, the law supports equality. Much Working-People-Green-Paper.pdf) lobbying is being done to ensure fairness prevails - as employers and employees, we must equally do our part. One day ‘equal’ will Disparity in pay does not restrict itself to lower paid sectors but mean precisely that. ■ goes right through to senior players in financial markets and into our own profession with the Law Society finding in 2022 that its gender pay gap is 50% wider than the average UK business.

Is there a fear that women will not come back to work once they have babies? Does this lead to their perhaps not getting promoted and / or earning less? If that is the case, when they do return to work, they are starting from a lower base - thus the gap persists. As people get older the gap widens. It is at its worst between people in their fifties and sixties. The women have lost years because of parental leave and they have come off the conveyor belt for promotion.

Maroulla Paul

Maroulla Paul is a writer of short stories, a food and wine critic as well as a legal journalist.

LegalWomen | 15

Smart Working

How to negotiate the pay rise you deserve Paula McMullan

W

hen I speak with female lawyers about progressing their legal career, a recurring theme is their uncertainty on how to advocate for themselves effectively. Many struggle to describe their value and why their employers are lucky to have them. This inability to articulate their achievements and the benefit of having them in the business impacts the kind of work and responsibility they are given, the sponsorship they receive, and their overall professional reputation and personal brand.

One of the challenging issues is money – negotiating a salary that reflects your true value and potential is key to your long-term success, professional, personal and financial.

There are three phases to securing the pay rise you deserve.

1. Prepare the groundwork (a) Understand the neuroscience of putting yourself out there As lawyers, we are experts at negotiating on behalf of our clients, but when it comes to advocating for ourselves, we often find it challenging. It's as if we're donning a Harry Potter invisibility cloak – while professionally vocal for our clients, we become invisible and vulnerable in our own career negotiations. This is due to our brain's innate survival instincts, particularly the amygdala, which constantly scans for threats, making us reluctant to assert ourselves. Although this is an automatic response, we can learn to manage, mitigate, or even eliminate its effects. (b) Know your worth One of the primary reasons lawyers struggle to speak up for themselves is that they aren’t clear on their value to the business.

Before any salary discussion, make sure you can explain how you have gone over and above the general expectations for your role.

Have you generated revenue, saved money, introduced a riskmanagement system or increased productivity? Has your people management style reduced staff turnover or increased motivation?

This is particularly important for in-house lawyers.

Start keeping a success diary to compile evidence of your value and achievements. This not only makes it easier to demonstrate your worth to sponsors and stakeholders, but also reminds you that you’re damn good at your job, you’re constantly learning and are appreciated.

I strongly recommend that you create a physical file. Leafing through copies of emails, appraisals, notes of ideas you have presented, reminders of points you won in a difficult negotiation, etc. can have a more powerful impact on your confidence and self-perception than reading them on a screen.

It’s so easy to forget about your successes and to focus on what’s not so good (the amygdala at work again) so make it easy for your brain to remember the good stuff 16 | LegalWomen

(c) Do your research Key to your salary negotiation success is knowing what you could potentially earn if you moved elsewhere. It’s not about threatening to leave, but gaining an objective understanding of your market value based on your role, experience, and expertise. This is particularly important for in-house lawyers or those at a senior level in law firms who may not fit the standard salary grids.

Develop relationships with a small number of trusted recruiters who can give you a snapshot of the current market. They may compile salary reports which give averaged indications of salary at specific levels of PQE and job title. (d) Decide on your boundaries Consider your salary expectations, the minimum you are willing to accept, and any additional benefits you'd like to build into your compensation package. Knowing your boundaries upfront will make you less susceptible to counteroffers. Equally crucial is understanding your BATNA (Best Alternative to a Negotiated Agreement) – what are your options if they say no, or they come back with a compromise offer?

2. Manage the discussion (a) Choose your moment Your chances of success largely depend on your understanding of your employer’s process for approving salary increases.

Familiarise yourself with this process because many organisations only consider salary increases at specific points in the financial year. Salary costs are budgeted and an increase may require

Smart Working

special approval if requested outside the usual pay cycle.

Plan a meeting with your partner or line manager when they won’t be distracted. Avoid times of stress or pressure. Where possible, schedule your salary discussion shortly after a particular win or success. Meet face-to-face where possible to use your body language to best effect. (b) Put yourself in the driving seat Letting your manager know what you’d like to discuss ahead of your meeting can be an advantage – they don’t get a surprise and can prepare for the discussions – or a disadvantage – they don’t get a surprise and can prepare for the meeting!

What’s essential is to drive the meeting from the outset. Explain that you’re there to present your case for a pay rise and to provide the information for your manager to make a decision or process the request.

Make it easy for your manager by organising your points under three headings as our brain process information more effectively

in batches of three. For example: Support your salary request with objective data from your market research. (c) Wear your positive pants!

Go into the meeting well-prepared – this will raise your confidence.

Use the NLP technique of mental rehearsal to anticipate different directions the conversation might take (see below for a link to my video “Using mental rehearsal to prepare for the unknown”).

Remind yourself of your brilliance by reviewing your success diary before the meeting. This will boost your positivity and energy. (d) Leverage the principles of negotiation Now’s the time to take off your invisibility cloak and put your negotiation skills into practice for your own benefit. Approach the negotiation as you would when dealing with opposing counsel or internal clients with differing agendas. Be clear about your bottom line, the value of the entire package to you, and don't concede points without receiving something in return

3. Plan your next steps If you’ve been successful in your salary negotiation, congratulations! Now focus on building upon your success. Part of your argument for the raise was your proven ability to operate at a level deserving of this new salary. So, what will be your approach from now on? How will you step into your new job title, or remit?

And very importantly, how does this progression fit within your overall career strategy? After three months, review your progress with your manager and get their support for your goals moving forwards.

If you’ve been knocked back, or offered a compromise package, it’s time to re-evaluate your boundaries. Reflect on your BATNA and consider whether there is in fact a career trajectory in your current role. Assess how long you’re willing to wait for an opportunity to come your way.

Consider the job market – are there other interesting roles out there, or is it better to consolidate your skill set and experience where you are, even though you’ve not received the salary increase you wanted? What else can you negotiate with your current employer? For example, it may be easier to make a business case for professional development than a salary increase, and explore options such as an internal or external secondment.

A word of caution on ‘buy-backs’, where a lawyer gets an offer from elsewhere and the current employer raises their game as a result. Usually, there are several factors resulting in a lawyer looking for a new job. It’s rarely just about the money. It’s much more likely to be about trust and job satisfaction. Unless a buyback is an offer that genuinely resolves those kind of issues, lawyers who accept will very probably still leave their job within 12-18 months.

In conclusion, position yourself for a pay rise by approaching the process strategically and professionally. Your skills and dedication are invaluable, and advocating for your worth is essential for your career progression. By preparing thoroughly to build your confidence and managing the process to keep it on track, you can pave the way for a more fulfilling and financially secure future in the legal profession. ■

Paula McMullan

www.paulamcmullan.com You can watch Paula McMullan’s video with a “Mental Rehearsal” for your conversation here: https://www.paulamcmullan.com/fp/ mental-rehearsal Graphics available with permission of Paula McMullan

However, remember that this is conversation first and foremost.

Listen to your manager and allow them time to absorb your request. Instead of getting tangled in a “yes, but” discussion, suggest reconvening once you’ve both had time to consider the other’s responses. No one thinks clearly when they’re feeling emotional. (e) Follow up One way to scupper progress is to do nothing and this can be the approach taken by managers who don’t want to deal with the wider issues that may be raised by your salary increase request.

Leave initial and subsequent discussions with a commitment to reconvene after both parties have taken the steps necessary to move the conversation forward. Regardless of the outcome, maintain professionalism, positivity, and reasonableness, keeping your personal brand and reputation in mind.

LegalWomen | 17

Black History Month

Black History Month Legal Women celebrated Black History Month in October by featuring some of the many game-changing women of colour in Society. The stories were shared across our social media platforms and hopefully other women will be inspired on their own personal journey to success. We include a few examples below but head over to our social media pages to see more of these trailblazers.

Curated by Charity Mafuba; design by Emma Webb.

Sharon Blackman OBE

Charlotte Pope-Williams

A

C

EMEA Head of FX & LM Rates Legal Managing Director and General Counsel, Citi n Employed Barrister (England & Wales), NY Attorney and recently named in The Lawyer Hot 100 of 2023 and as GC of the Year, Legal Business Awards 2022, Sharon heads the FX and local markets legal team for Europe Middle East & Africa. She is Chair of the Bank of England’s FXJSC legal sub-committee and member of the global steering committee for Citi’s Black Heritage network . Sharon is a founding member of the In House Pro Bono Group, a trustee and playing member of the Croydon Symphony Orchestra, a member of Brunel University Council, a Corporate Advisory Board member for Urban Synergy and the Patchwork Foundation and BACFI representative on the Bar Council’s Race Working Group.

In 2021 Sharon was listed in Cranfield’s Women to Watch 2021, became a Bencher of Lincoln’s Inn and was recognised in the Queen’s Birthday Honours for services to the financial sector. ■

18 | LegalWomen

harlotte is an award winning commercial/chancery barrister who specializes in financial services disputes.

She has experience of the full gamut of practice having worked in the public sector as an employed barrister at the Bank of England, in the private sector in multinational law firm, and now in a leading set of chambers, 3 Hare Court.

Charlotte is exceptionally proud of her Vincentian heritage which is part of the reason why she enjoys and feels privileged to undertake Privy Council work originating from the Caribbean. She dedicates a substantial amount of time to mentoring, teaching advocacy and ethics on a voluntary basis and pro bono work e.g., she is currently working on a crypto fraud case on a pro bono basis. Charlotte sits on the Court (effectively the board) of the University of Aberdeen, is a member of the Financial Services Lawyers Association EDI Committee and is a self-employed member of the Bar Council’s Employed Barristers Committee. In her spare time Charlotte loves the arts, especially the theatre e.g., productions by the Talawa theatre company, anything carnival related and reading.FI representative on the Bar Council’s Race Working Group. ■

Black History Month

Black History Month

Irene Adeyinka

Mellissa Akinya

I

M

rene Adeyinka has over ten years of experience leading local authority and NHS commission-based services. That supports individuals and communities to engage with mental health services and conduct research to understand health inequalities in the UK. Irene is passionate about helping graduates succeed in their careers; this led to her setting up The Lost Graduate group, a career service that provides personalised career coaching and workshops for all graduates. Irene has a successful track record of coaching graduates into employment, career progression and career changes.

At present, Irene is a Board member at Goldsmith’s University London and consults on Graduate success, People and organisation development and Equity in addition to Audit and Risk. By day, Irene is a Senior Inclusion Diversity, Equity, and Inclusion Specialist for DLA Piper, supporting strategic DEI plans to drive change in UK&I and EMEA. ■

ellissa Akinya is a senior lawyer (solicitor advocate), a diversity, equity and inclusion specialist and a keynote speaker.

Mellissa is also the founder of Black Lawyers Circle, an organisation which seeks to unify, support and build black and ethnic lawyers from all arms of the legal profession (pre and post qualified).

Mellissa is a generalist lawyer which means that she picks up new areas of law at pace. Previously a litigator (covering immigration, public law, private client, employment law, housing law, insolvency law and debt law to name a few) she is now works within Government Legal Department advising the Department for Transport policy and government ministers; her areas of expertise are Aviation Law, Grants and Subsidies, Environmental Law, Roads, EU Law, Public Law, Human Rights and Freedom of Information.

She is also drafts legislation.

Mellissa is a trailblazer and a catalyst for change. She has mentored and coached 100s into the profession, has been an advocate for alternative routes to qualification (introducing an apprenticeship scheme at Government Legal Department), created the Government Legal’s first five staff networks, and often assists with internal and external recruitment ensuring processes are fair. ■ LegalWomen | 19

Profile

Almudena Arpón de Mendívil Aldama

IBA President Almudena Arpón de Mendívil Aldama

M

eeting women who are breaking moulds is always exciting and the exuberance and determination of Almudena did not disappoint. Her warm and inviting manner made it easy to discuss her career and recent success in being appointed President of the IBA.

were taken at that time. The firm was much smaller and there were no measured career stages and reviews, which can have its own advantages but decision-making was much less planned than is usual in a twenty-first century law firm.

Almudena has always worked for the same law firm; a pattern I was immediately struck by the enormous ‘griffiti’ painting more typical of women’s working lives than for men. She says hanging in her room: a blind-folded that “women don’t change if Lady Justice with Roman Law principles happy and perceive we are being ‘“you can be unique and replaceable” scrawled across it. It reflects some of recognised …. and have a good Almudena’s deeply held attachment to work environment.” She thinks basic tenets of Roman law. it is a priority for all law firms to change the perception that the effort Almudena originally studied law as something to do rather of partnership is too high and considers flexibility is the way than as a vocation, but she certainly developed a passion for forward. By this she means not only of where you work “but also it. Studying with the benefit of a scholarship at the renowned the timing of your career, you don’t have to become a partner College of Bruges was formative for her, opening an international after e.g. eight to ten years”. network with a mix of cultures and completely different educational methods.

You may wish to delay becoming the partner as it is more conducive to your life. “Flexibility has to be understood as a very Almudena then joined the law firm wide concept”. There are “so many Gómez-Acebo & Pombo, first in things competing at that critical stage Brussels then moving to Madrid doing “we shouldn’t try and corral of life.” Life needs space not just for corporate M and A. She concentrated families but, post-pandemic, many of everything into a particular on telecommunications technology and us have a changed perception of life. structure” media, at the time a new area of law, Almudena recognises this particularly and rapidly became recognised in that in younger generations and says “we sector nationally and internationally. Seven years from joining shouldn’t try and corral everything into a particular structure”. the firm, Almudena was made a partner. She recognises that this was a rapid ascent but recalls how differently such decisions 20 | LegalWomen

Profile

Of course, the drive often comes from the clients’ demands but Almudena says the key to solving this is “demonstrating to myself and the client that you can be replaced. There is always someone different who is going to deliver”. Managing expectations of clients to accept a change of partner or even change of team is important and it also needs lawyers to accept this. She recognises the difficulty for the lawyer who feels unique and doesn’t want to lose client income. “But of course you can be unique and replaceable”.

In parallel to her private practice, Almudena started her ‘IBA career’, enjoying the exchange of views with colleagues from other jurisdictions. She became an officer of a small committee then a larger one, was a consistent attendee and a turning point was being appointed a member of the IBA management board

“Flexibility has to be understood as a very wide concept”

in 2017. Her progression emphasises for her that when you start something “you know where it starts but you don’t know where it ends.”

All the IBA committee work is by volunteers and is a substantial time commitment, challenging to combine with a partner role. As President, Almudena dedicates 80% of her time to the IBA and delegates much of her practice to her team, although is in touch with them a great deal.

Almudena is very aware of being only the second women to lead the IBA since its inception. She jokes that she is second in a number of ways: “I am the second child in my family, the second woman in my firm, the second female partner at my firm, second female President!”

A second women in 76 years is not an impressive record for the IBA and currently, women represent just over 30% members and attendees. Those participating in the IBA are mainly partners and so the numbers reflect the distribution of the workplace. There are less women partners so less women in the IBA. Membership and attendance is a cost and investment so firms are reluctant to send associates, as they are more likely to move firm than the partners.

Almudena clearly relishes her role and says she hasn’t yet thought about her future after her presidential year “ I know there will be silence but I haven’t reflected on what I would like”.

Encouragingly, she says on her appointment she could hear the glass ceiling falling and is convinced that the change is permanent and can point to other senior female lawyers leading within the organisation, that mean it will not be another twenty years before the next female IBA President. ■

This painting commissioned by Almudena Arpón de Mendívil Aldama has travelled with her throughout her career.

The painting reflects the principles in the Corpus Iuris Civilis: the foundation of civil and common law traditions.

And the President particularly likes to quote: facta non verba - do the things don’t just talk about them.

Hic et nunc “now this” - focus; concentrate on what you are doing.

The President has published an agenda for 2023 /2024. Please see page 22 for link and general information on the IBA.

By Coral Hill

LegalWomen | 21

International

International Bar Association

T

he IBA was established in 1947, shortly after the creation of the United Nations. It’s aims are to protect and advance the rule of law globally; contribute to global stability and peace through the administration of justice. It influences the development of international law reform and shapes the future of the legal profession throughout the world.

The present membership is comprised of more than 80,000 individual international lawyers from most of the world’s leading law firms and some 190 bar associations and law societies spanning more than 170 countries.

The current President’s term is 2023-2024 and she has published an agenda for her year: IBA publishes for the first time a legal agenda identifying profession’s most pressing concerns | International Bar Association (ibanet.org)

22 | LegalWomen

Advertising Feature

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In times of economic turmoil, we typically see an uptick in investigations including in respect of suspected fraud or insolvency.

We may also see investigations arising due to regulatory issues.

Typically cases involving fraud and regulatory concerns must be investigated expediently in order to take recovery actions and to minimise actions by regulatory bodies.

Fiona Hotston Moore

We are regularly instructed to value businesses in relation to commercial disputes, family and shareholder disputes and insurance claims. In recent times we have seen an increase in the need for updating valuation reports to reflect the changing trading conditions and economic climate.

Professional negligence claims As forensic accountants we are regularly instructed in respect of claims against auditors, accountants and tax advisers. We are seeing an increase in claims following business insolvencies and fraud on companies. We provide expert opinion and litigation support for either the claimant or defendant. We are regularly instructed by professional indemnity insurers to assess the strength of a claim both in terms of causation and quantum.

I have recently been instructed on cases regarding alleged insolvency, failed tax planning including tax schemes and alleged failing in auditing standards.

I anticipate with an increase in corporate failures over the next year we will see further claims against the company auditors and advisers.

In recent months we have been engaged on a number of matters following the appointment of administrators and we expect such investigations to continue.

So in conclusion, I am expecting we will continue to be busy in 2024 with a continuing trend in disputes arising from the volatile economy and corporate failures.

I have been recently instructed on a couple of business frauds undertaken by employees. Typically, fraud by employees increases in times of financial challenge.

My recent notable assignments include: • Instructed as party expert in a family dispute regarding a large group of companies.

• Instructed in an expert determination following a dispute regarding deferred contingent consideration on a company sale.

• Undertaking a forensic investigation into accounting discrepancies regarding cash sales in a hospitality group.

• Acting as party expert on a professional negligence claim against the auditors following the insolvency of a group of companies.

• Acting as Single Joint Expert in relation to a divorce whereby the parties had a number of shareholdings in UK and international businesses and property investments. ■

Post business acquisition disputes and warranty claims 2022 and 2021 have been buoyant times for business sales. Many of the deals will have been negotiated off the back of positive trading results. The deals may have included deferred or contingent consideration. Trading performance may have deteriorated since the deal. Inflationary cost pressures, supply chain issues, increased finance costs and falling consumer demand may have impacted the recent trading results. In such situations the buyer may look to recover part of the consideration paid or to avoid paying deferred consideration.

I have already been instructed on a number of disputes arising out of SPAs (sale and purchase agreements) and warranty claims. As a result of our assistance a number of these have settled at an early stage in the dispute avoiding protracted costly litigation and allowing the buyers management to focus on the ongoing business.

Complex valuations In early 2020, the onset of covid_19 and the lockdowns added an extra layer of complexity to company valuations. Some businesses were severely impacted by the global lockdowns whilst other businesses experienced increased consumer demand. Since the pandemic some industries have seen a “post-Covid bounce”. In recent months the rapid cost inflation, bank interest rate increases, supply chain issues and the concerns regarding recession and political uncertainty in both the UK and globally mean that company valuers need to factor in even more complex variables and uncertainties.

Fiona Hotston Moore

Partner FRP Forensic Services +44 (0) 7770 642491 fiona.hotstonmoore@frpadvisory.com Fiona Hotston Moore -Forensic Accountant/Expert Witness|LinkedIn Fiona is a partner of FRP's Forensic Services practice. Fiona specialises in commercial disputes, business valuations, tax disputes, personal injury and professional negligence matters including giving evidence in the High Court, Family Court, Arbitration and Tax Tribunal. She has been instructed as an Expert in approximately 300 cases in her career to date.

Fiona is also often instructed to provide expert opinion on a range of matters including shareholder disputes, contract disputes and insurance claims, tax disputes, officer and employee fraud, auditor and tax adviser professional negligence claims.

LegalWomen | 23

LW Likes

LW Likes Lubna Shuja

Immediate Past President of the Law Society of England and Wales

https://www.linkedin.com/posts/lubna-shuja-2801711b_ dame-sue-carr-sworn-in-as-first-lady-chief-activity7114759316611457024-nuEA?utm_source=share&utm_ medium=member_desktop

Follow Dame Ingrid's exceptional career below: • Attended Cambridge University and the University of Amsterdam.

Called to the Bar in 1987.

Practised the Bar and then became Head of Chambers at Deverux Chambers.

Took Silk in 2006.

• Appointed Judge of the High Court in 2013.

High Court Liaison Judge for Diversity, chair of the Diversity Committee of the Judges’ Council, member of the Civil Executive Team, sworn in as a Lady Justice of the Court of Appeal in 2019... and now appointed to the UK Supreme Court Discover more about Lady Justice Simler by reading our full announcement via the link. https://lnkd.in/ep8fpBAk

Coral @coralhill1

“So many times over the past year or so I have really pinched myself and wondered if I'm dreaming. Today was one such moment. I was lucky enough to be the President of The Law Society who had the absolute honour and privilege of formally welcoming and congratulating our first ever Lady Chief Justice, Dame Sue Carr, on behalf of the solicitors' profession at her swearing-in ceremony at the Royal Courts of Justice. To be a small part of such a historic day was humbling. I wish the Lady Chief Justice the very best of luck in her new role. As well as ensuring the rule of law is upheld, I know that she is passionate about increasing diversity within the judiciary and I look forward to working closely with her to offer any support I can.

#solicitors #lawfirms #legal #law” UK Supreme Court

W(4) Coral on X: "Brilliant- I must remember this tip - just tie your trainers to your bag when you want to wear something elegant for a while 🙌 https://t.co/olxJ0NyaBX" / X (twitter.com)

We are delighted to announce that Lady Justice Simler will join the Supreme Court from November.

24 | LegalWomen

LW Recommends

LW | Recommends READ / AUDIO

BBC Radio 4 - Law in Action How often do juries convict defendants charged with rape in England and Wales?

BBC Radio 4 - Law in Action, How to Improve Rape Trials For those of you following Dr Molly Bellamy’s three part series on sexual offences and the Criminal Justice System, you will find many of the themes explored in this programme, including hearing from Professor Leverick, who is interviewed in this magazine.

Podcast | Global Institute for Women’s Leadership | King’s College London (kcl.ac.uk) A Podcast of One's Own with Julia Gillard The Global Institute for Women's Leadership podcast is hosted

by Julia Gillard who holds a conversation with prominent female leaders or experts on gender equality and leadership. We’ve selected this one below where Julia Gillard talks to Annie Lennox.

The programme outline sayscharacters but to how cultural change is occurring.

“In this episode, Julia is joined by music legend, humanitarian and activist, Annie Lennox. Hailed as one of the 100 Greatest Singers of All Time by Rolling Stone, Annie has won more Brit Awards than any other female artist in history, sold over 80 million records worldwide as a solo artist and in Eurythmics with Dave Stewart and was named "the most successful female British artist in UK music history" by the Official Charts Company in June 2013.

In 2011, Annie was awarded an OBE for her contribution towards combating HIV/AIDS as it affects women and children in Africa and in 2008, she founded the global women’s rights organisation, The Circle.” https://shows.acast.com/aa0a2fd3-48ef-4888-91fa-5f91d8f4949d /651fa27c71e7800011dd44b6 CLAUDIA GOLDIN The Harvard professor, Claudia Goldin, recently won the Nobel economics prize for work on gender pay gap. She is an American economic historian and labor economist and only the third woman to win the prestigious prize. It is in recognition of her groundbreaking work examining wage inequality between men and women.

The Royal Swedish Academy of Sciences said Goldin’s research “provided the first comprehensive account of women’s earnings and labour market participation through the centuries” to reveal “the causes of change, as well as the main sources of the remaining gender gap”.

Claudia Goldin | Biography, Nobel Prize, & Facts | Britannica

The Programme guide is: “Conviction rates for rape trials are lower than those for other criminal trials, and the court experience can be intrusive and harrowing for survivors. The Law Commission of England and Wales (the independent body that advises the government on law reform), has just published a new consultation paper for how to change this. Criminal law commissioner Prof Penney Lewis, and before her Independent Sexual Violence Adviser Annabelle Edwards of Rape Crisis, speak about the reforms they'd like to see. The Scottish government's Victims, Witnesses and Justice Reform (Scotland) bill also aims to improve rape trials. If passed, it would abolish the "not proven" option for acquittal, create specialist rape courts, and controversially establish the option of judgeonly, non-jury trials as a pilot scheme, as it's feared rape myths might influence some jurors. Fiona Leverick, professor of Criminal Law and Criminal Justice at the University of Glasgow and Tony Lenehan KC, president of the Faculty of Advocates' Criminal Bar Association discuss the bill.”

FILM /VIDEO THE PEASANTS This is adapted from Wladyslaw Reymont’s Nobel Prize-winning novel well-known in Poland. It is a historical drama concerning a rural community where a young girl has to marry an older, rich farmer, however, she is in love with his son.

It has received acolades for its techniques of an oil painting animation, used previously in Loving Vincent. The latter film was nominated for an Oscar and a box office success.

It was shown in the 2023 British Film Festival where the filmmakers, DK Welchman (Dorota Kobiela) appeared with her husband, Hugh Welchman. The music score is by a Polish MC, rapper, and music producer, Lukasz Rostkowski.

UK-Ireland release in mid-November, following the film’s Polish release on October 13 through Next Film.

HUMZA YOUSAF At FMQs, Humza Yousaf was questioned by his own party over Juryless trials. SNP MSP Christine Grahame and Ivan McKee asked questions about the idea.. Ms Grahame said it could affect the accused rights under EU law, which is in the Scotland Act and Mr McKee said the report mentions jurlyless rape trials but also says this is a drastic action and attempts should be made to 'address problematic attitudes' instead. https://www.youtube.com/watch?v=RrniTv0jC4E&ab_ channel=TheScottishSun LegalWomen | 25

Advertisement Feature

LEAP and WillSuite support Free Wills Month with free subscription offer

I

n support of Free Wills Month this October, LEAP, the forward-thinking legal practice management software provider, and its integration partner WillSuite, are offering a free month’s subscription to WillSuite’s will writing software*. This offer will enable LEAP’s existing estate planning customers to take part in Free Wills Month and draft wills quickly and easily.

Working seamlessly with LEAP, the WillSuite solution enables solicitors, will writers and estate planners to draft wills easily in plain English with clauses maintained by a panel of TEP-qualified lawyers. Using data held in LEAP and guided by questionnaires, LEAP customers can utilise the WillSuite integration to produce wills, lasting power of attorneys and supporting documents quickly and efficiently.

Free Wills Month takes places twice a year and was launched by a group of charities, including the National Trust, British Heart Foundation and Marie Curie, to offer members of the public aged 55 and over the opportunity to have their simple Wills written or updated free of charge by using participating solicitors in selected locations across England and Scotland.

“We’re very pleased to be working with the team at WillSuite to help our clients support the Free Wills Month initiative this October,” explains Craig Matthews, Director of Lifetime planning at LEAP. “Free Wills Month offers a fantastic opportunity for members of the public to ensure their Wills are up to date and their wishes are respected. Our integration with WillSuite greatly streamlines the will writing process, which saves both the solicitors and their clients a huge amount of valuable time.”

Further benefits of WillSuite include: Mirror Wills with ease: Once the first version has been completed, user create the mirrored will in seconds using the mirror function.

Copy LPAs saving time: If creating a Health and Wealth and Financial LPA at the same time, for the same parties, users can create one then copy the data across to create the other.

Combine the above: WillSuite’s powerful mirror and copy functionality means two wills and four LPAs can be drafted by completing just two questionnaires.

LEAP customers can sign up to WillSuite this September by enabling the WillSuite App on LEAP Marketplace and benefit from the offer in October. *On registration to WillSuite, the first month’s subscription is free.

This offer is available to existing LEAP customers that do not currently have a WillSuite subscription.

About LEAP LEAP Legal Software has been helping small to mid-sized law firms to become more efficient and profitable globally for more than 25 years. LEAP is committed to consistently providing world-class legal practice productivity solutions and has innovation at the heart of its research and development so that users continually have the best possible experience.

Occupying a unique position in the legal software market, LEAP includes legal case management, legal accounting, document assembly, document management and legal publishing assets in one solution. Its software is designed to streamline tasks such as matter management, time recording document management, email management, automated forms, client accounting, billing, reporting and remote working.

For more information, please visit www.leap.co.uk.

26 | LegalWomen

Ask LW

Ask LW:

Promotion

My firm won’t grant me a promotion. Is it time to leave?

C

areer progression is often a difficult topic to tackle.

Although each situation varies, and often comes with unique challenges, there are a few universal points to consider when weighing your legal career options..

If passed up for a promotion, it is important to have an open and honest conversation with your line manager. In doing so, you should ask why you were not promoted. Ask specific and direct questions for feedback to explain why you weren’t selected.

Explain why you believe you deserve the promotion - highlight the ways you have taken up more responsibility, picked up complex cases, or gained impressive expertise in your area of law.

A frank conversation with your line manager sets the stage for your next decision and should provide clarity about your future with the law firm or organisation. If your line manager has offered assurance that your promotion is imminent and has provided you with a definitive timeline, it may be best to stay in your current position, at least until then. There are, of course, benefits to staying – most importantly, the comfort of job security.

However, if your line manager fails to recognise your contributions and cannot assure you of a future promotion, it may be time to leave. When looking to progress in your career, a change can be rewarding. It offers new opportunities and challenges that enrich your professional journey. Changing jobs allows you to meet new people and develop new skills and possibly new expertise.

Most professionals will experience a point in their legal careers where they decide it is time for something new. Although it can be a difficult position to be in, the anticipation of embracing something new can be exhilarating.

Lubna Shuja

My advice is to lead with confidence. Be confident in your abilities and judgment. Be confident in your contributions to the legal space. Confidence is the key to a successful legal career.

I would also advise junior solicitors to find mentorship within the legal profession. Mentorship can be integral in guiding and shaping the decisions you make throughout your legal career.

When contemplating a change in your career, mentors can offer valuable insight.

I have experienced my own challenges with career progression.

Solicitors from underrepresented backgrounds, especially women and those from a minority ethnic background, often feel excluded in legal environments, and may be less inclined to ask for promotions. In order to encourage all solicitors to advocate for their career progression, it is vital to create inclusive environments. During my presidency at the Law Society, I have prioritised the promotion of diversity, social mobility and social inclusion – particularly at the senior levels of the profession and within the judiciary. In championing diversity and inclusion, we can create welcoming environments that encourage solicitors of all backgrounds to seek promotions and progress their career development. ■

Lubna Shuja,

Immediate Past President, Law Society of England and Wales

More Questions?

If you have more questions about career progression, The Law Society of England and Wales offers free career clinics, e-coaching courses, and webinars. The complex legal system offers a wide variety of career options.

The Law Society’s platforms for career advice can bring clarity to what you are looking for in your own professional journey.

For further enquiries, visit the Law Society’s careers website: lawsociety.org.uk/career-advice/ or email careers@lawsociety.org.uk.

The Law Society of Scotland offers information on career pathways and advice for qualified lawyers and students.

Refer to the website for access to more information, webinars etc.

Career support and advice | Law Society of Scotland (lawscot.org.uk) There is a free scheme for aspiring solicitors to access careers advice, insights from the profession and opportunities to volunteer with us. Student associates | Law Society of Scotland (lawscot.org.uk) The Law Society of Northern Ireland has information accessible here: Careers | The Law Society of Northern Ireland (lawsoc-ni.org)

If you have a specific question you would like to see in the Ask LW section please send it to info@LegalWomen.org.uk LegalWomen | 27

Advertisement Feature

What is legal project management and why should you care?

Think legal project management (LPM) is only for big law firms handling huge cases with a whole army of lawyers?

Think again.

M

ost legal professionals already engage in some form of LPM. They just don’t realise it. Whether it’s every time they take on a case or when they’re managing admin tasks, all legal services consist of highly structured processes.

LPM is a means of enhancing that service with traditional principles of effective project management.

Why should you care about LPM? Employing strong project management methodologies, and being strict in their application, will make your firm more efficient, resulting in reduced write-offs, better team collaboration and improved profitability. These efficiencies result in more time – time you can spend on going the extra mile for your clients.

Clients have always wanted their chosen firm to be proactive and transparent, to communicate effectively and to meet deadlines. LPM is the best thing you can do to ensure you meet these expectations.

A true statement of competence The other major benefit of LPM is that it’ll go a long way in meeting the competencies set out in the Statement of Solicitor Competence by the Solicitors Regulation Authority (SRA).

Section D sets out that solicitors must “initiate, plan, prioritise and manage work activities and projects to ensure that they are completed efficiently, on time and to an appropriate standard, both in relation to their own work and work that they lead or supervise”.

LPM issues are often at the heart of matters when things go wrong.

Mistakes can lead to reports to the SRA. Plus, smaller firms are actually more likely to receive reports to the SRA, due to the fact they often don’t have the necessary procedures in place.

How to unlock your hidden LPM skills 1. Define scope – Ensuring that you and your client are on the same page is a crucial aspect of LPM. Make sure you understand exactly what the client needs, and be clear about what you might require from them in return.

2. Establish a project plan – If you want your project to be successful, you need to provide a clear plan for how you’re going to get from A to B. Set achievable milestones, list every action and be upfront about pricing.

3. Conduct your legal case – This is the part where you crack on. And, if you do it right, then this phase should look very similar to the previous one. When things arise that you weren’t anticipating, deal with them expeditiously and communicate appropriately.

28 | LegalWomen

4. Review the process and outcome – There’s no point sticking to a process if it isn’t working. Look back at the previous three phases and ask yourself what went right, what went wrong and how you could improve. If you do this properly and keep accurate records throughout, you’ll be rewarded with fewer surprises in the future. Don’t forget to give feedback to your team to share learnings.

How to get started with LPM Start by addressing the phases where you’re failing first. Be truthful, look at what you can improve easily and begin improving it. Don’t worry – it’s easier than you think.

What you’ll find is that most firms are pretty good at managing the first three phases of LPM, but most frequently fall down in phase four. When was the last time you had an honest debrief and dug into data to understand why costs ran away from you or delays happened? Focus your time and energy here, and you’ve won half the battle.

Which LPM technology do you need?

There are some essentials which you’ll need: • Project plan checklist/templates – Search for them online, find something you like and make it work for you. Better yet, look at the technology you already use – are there any tools that you’re not taking advantage of?

• Milestone calendar with tasks – Ensure you have a place where you can track all the key dates you need to hit, and a workflow so your team has a process to follow.

• Monthly reporting – Keep a clear audit trail and review how effectively you’re meeting client expectations on a regular basis.

• Multiple communications channels – Communicate with clients via the method which is most convenient for them.

• Debrief protocols – Make the review phase, and the learnings which come with it, compulsory.

The easiest way to do this is using an effective practice software solution (like Quill) to streamline the process. Having an all-in-one system to flag issues, manage documents and record time (among other things) will make managing projects smarter, not harder. ■ This ‘What is legal project management and why should you care?’ guidance is written by Catrin Macleod, Quill’s business analyst and a former solicitor. It was originally published on the Law Society website in August 2023.

Advertisement Feature

Clio Unveils Its Most Expansive Product Update Yet

C

lio, the leading provider of cloud-based legal technology, unveiled a significant set of updates at the 2023 Clio Cloud Conference, focusing on centralisation, connectivity, and increased efficiency for legal professionals. These updates include streamlined payment processing, enhanced client interactions, mobile app improvements, and expanded matter management and client communication capabilities, all within Clio's trusted centralised platform, serving over 150,000 legal professionals globally.

"This year, we have focused on centralisation and connectivity throughout our platform, helping legal professionals to bring more of what they do into Clio," said Jack Newton, CEO and Founder of Clio. "By creating more efficient connections to clients and colleagues, Clio provides the essential tools they need to foster strong relationships, increase profitability, and run a healthy, thriving practice. Each update we've unveiled this year is rooted in the desire to move legal professionals up the value chain and make Clio work harder for them across one versatile platform."

Key updates tailored for UK firms include: Clio Grow: Introducing automated workflows for streamlined document and email creation and client intake.

Clio Manage: Offering enhancements such as visual matter stages and templates for simplified matter creation.

Email Integration: Seamless integration with Gmail and Outlook for sending emails within Clio Manage.

Mobile App: Significant improvements for case management, document uploads and billing, on the go.

Clio Payments: Revolutionising payment processing with multiple payment options, including Apple Pay, Google Pay, BACS bank transfer, and flexible instalment plans for clients and law firms.

To learn more about how Clio can help your law firm, check out clio.com/uk. ■ LegalWomen | 29

Poetry Corner

Poetry Corner

Elizabeth Cruickshank 1944 - 2023

TRIBUTES Dame Fiona Woolf, former Law Society President

Unwelcome Imposter

We all loved Elizabeth Cruickshank in the Association of Women Solicitors (as it then was). She had a quiet but very appealing integrity that would always find us the right thing to do as we emerged into a much-needed diversity and inclusion spotlight.

She made us focus on the proud history of women in the law and also our international place, doing something that gave us great credibility – carrying out research and writing books and papers.

She made friendships easily and her influence will have spread far and wide. For me, she provided a wonderful role model as I prepared to be Lord Mayor of London in 2013/14.

Lubna Shuja, Law Society President

Imposter syndrome Can hold you back Sometimes you can feel Like you are under attack But is the attack Coming from you Or are you worried about Other people's Point of view? '

Will they think I'm silly?'

Not strong 'Will they think I'm doing it wrong?'

Will I fail Will I fall?

Or will I learn to Just trust it all

By Serena Reynell Author of ‘Poems for your Twenties’ available in Waterstones

I am sad to hear of the passing of Elizabeth Cruickshank.

My thoughts go out to her family and friends at this time.

Elizabeth was a pivotal voice in writing about the lives and experiences of women solicitors. Her books Women in the Law and Sisters in Law focused on the outstanding contributions women solicitors, barristers and judges have made to our profession. We all stand on their shoulders, and Elizabeth made sure they were not forgotten.

I had the pleasure of meeting Elizabeth at our 100 Years of Women in Law celebrations last December. She had an impact on me as she was an inspirational contributor to the Law Society’s campaign. Her legacy is that the contributions she made will continue to serve as an inspiration for the next 100 years of women in law.”

Karen Aldred, former chair, Association of Women Solicitors There are four things I remember most about Elizabeth.

First her passion and interest in finding out more about those women within the profession who led before us, her softly spoken calm and supportive way of dealing with things, her ability to turn my ideas into perfect prose for monthly newsletters and finally, although never speaking ill of anyone her killer accurate assessments of people and situations.

Eduardo Reyes, commissioning and features editor, the Law Society Gazette I was trained in history, rather than law, and as a commissioning editor, at times I judge lawyers’ attempts at writing history harshly. But Elizabeth’s work on the early women lawyers met an exceptional standard. She was a fine writer, and the work she did was the foundation for the scholarship in this area that has grown exponentially. Every historical fact or argument she committed to bore scrutiny, and she continued to contribute new material.

She was lovely to deal with as a contributor to the Gazette, but also generous with her time, knowledge and sources when I asked for assistance with my own research projects.

We last spoke by phone – about an article she wanted to start researching on the fathers of early women solicitors. I’m sorry we will not now receive and publish that. I know it would have been full of facts and insights new to me and our readers. ■ Thanks to Eduardo Reyes, the Law Society Gazette for collation

30 | LegalWomen

Events

Legal Women Online Event 6th December 13.00 Do you want to develop your LinkedIn profile?

Matthew Leopold from LexisNexis

Matthew is a strategic marketer, specialising in building and shaping global technology brands. He champions the importance of brand marketing in professional services, as it enables firms and individuals to differentiate with public-facing narratives that grab attention and ultimately drive opportunity.

Matthew Leopold

Creating a personal brand on social media. A LinkedIn profile is your shop window. It is the first place someone will go when wanting to research you or find someone with your skills. A small amount of time invested in a LinkedIn profile can reap significant reward. It should not be a CV. It needs to be a compelling story that explains why people should want to get to know you. The module looks at LinkedIn profiles and guides the user through creating a compelling and interesting page.

The session lasts approximately 60 minutes and has hands on action is encouraged during the training.

The link for registration will be available shortly on our website.

Please keep an eye on our social media and newsletters.

Volunteer positions at Legal Women Currently, all of us are volunteers.

If you would like to be involved in: ■ forming Legal Women as a CIC ■ s ourcing and checking copyright on images ■w orking on events and following up funding opportunities ■w riting content for social media, blogs and magazine features Feel free to email info@LegalWomen.org.uk with brief details about yourself. ■

LegalWomen | 31

Events

Women Leaders in Law Summit in Lisbon

W

omen in Law from many countries came together to discuss leadership. In most European jurisdictions, the issue is no longer a lack of women qualifying but an inability to retain women in the legal profession.

Many of the speakers emphasised that the underlying issue is cultural and the expectation that women will be the homemakers and caregivers, possibly to their own children but also for parents and other family members. This often creates exceptional pressures on women.

Coral Hill, the founder of Legal Women spoke about overcoming barriers to female leadership. Here is a summary of the points covered.

Barriers to Leadership: 1. Misogyny from ‘jokes’ to discriminating against women for certain work.

2. Sense of not belonging – ‘women don’t make a good team fit with the existing team’.

3. Assumptions cultural and biological.

4. Inflexibility / having to hide personal life.

5. Traditional networking.

6. Being overlooked in terms of performance and / or potential.

Ways to overcome the barriers to leadership: • Women’s networks are essential for support and ideas on how to tackle situations. It’s shocking how often workplaces claim that “gender parity” has been achieved but how many women leaders are in those workplaces? Typically, it reveals that it is normal for the women not to be leaders and that discrimination is not even registering with the other demographic groups.

• Recruit male allies and ambassadors within the workplace, particularly to deal with micro-aggressions and inappropriate banter and behaviours.

• Put resource into ensuring that everyone has a sense of belonging/ team building and varying ways of interacting – not always after work drinks! Alternatives to traditional networking (drinking and sport) might involve writing, online events, speaking, engaging through social media. Consider holding daytime events – this may well also attract new sectors of clients who prefer this type of networking.

• Provide mentors – often important for someone with no exposure to law before • Provide coaching during maternity leave – there are law firms which use independent coaches not just for the woman who is on maternity leave but also for their line manager to ensure there is an intermediary for difficult conversations. This is a critical period for retention of talent.

• Sponsorship – this is often someone staking their own reputation by ensuring a junior lawyer is ‘in the room with opportunities’ and therefore more likely to be considered for a leadership position.

• Flexibility at work is advantageous for all – it’s not just about being a parent but for all sorts of other commitments and passions outside work.

• Provide paid parental (and grandparent) leave for men and women – this is essential to ensure a level the playing field in recruitment and promotion to leadership roles.

• If you work from home, be visible and strategic. Send periodic emails to your manager summarising your contribution 32 | LegalWomen

Events

Women Leaders in Law Summit in Lisbon (and for use in appraisals). When in the office set aside time for internal networking outside your immediate team.

• Encourage leaders to ask and discuss what suits the individual lawyer. Don’t assume – it’s very common for pregnant women or one with young children to be left out of an opportunity or type of work because it might be stressful.

Although this can be done for out of concern, it is up to the individual.

• Be careful when volunteering. When volunteers are requested don’t always be the first to reply – typically that isn’t recognised or valued as much, when it comes to the end of year billing target tallying. Contribute but make sure your line manager shares out those tasks fairly, so it does not have a disproportionate impact on any individual’s work.

• Review assessment of performance and potential – typically women score higher on performance because they may not confirm to the usual image of leadership. If this is the case in your work review your systems – what criteria is used for potential?

• Can your workplace change the traditional trajectory of a career? Can flexibility be built in to allow people to become leaders at different stages of their life/ career? Typically, we expect success at work to coincide with the time in life when people might also want to travel the world and /or have children.

Finally, an issue which many may feel should be discussed at home rather than at work. Ask yourself what mental burden you are carrying – do you micromanage the household from work? We all know women are still doing a far greater share of household tasks even if working full-time. If you are in a relationship, this requires an open discussion with your partner.

You can further explore some of these issues through the following links: Great Sprint to the Great Sandwich (legalwomen.org.uk) What’s Really Holding Women Back? Helen Broadbridge considers the debate. Harvard economist Robin Ely and Florida State sociologist Irene Padavic discuss the ‘shape’ of white-collar careers. They explore the narratives surrounding that trajectory by sharing the results of their in-depth, 18-month study of a large, international management consulting firm.

Performance Evaluation (legalwomen.org.uk) How does performance valuation work in your office? Do you think it needs reviewing? This blog from Helen Broadbridge looks at some of the possible bias that may impact the performance process.

Volunteering (legalwomen.org.uk) Helen Broadbridge discusses how and who volunteers for the non-profit ‘extra work’ which is needed in every office.

End Sexism In Schools - End Sexism in Schools Balancing-the-Books-Gender-Bias-in-the-KS3-English-Curriculum-1.pdf (endsexisminschools.org.uk) Written by Rachel Fenn, BA (Hons), MA, PGCE An excerpt from the Conclusion to the report: “The data analysed in this report demonstrates unequivocally that gender bias is a serious issue within the English curriculum. At least half – and most likely considerably more - of all school pupils will spend their entire education never studying a whole text by a female writer, and most will never study a text with a female protagonist. This marginalisation of women’s voices is a situation that cannot be allowed to continue.” ■

LegalWomen | 33

Events

Women Leaders in Law Summit in Lisbon

Kamila Kurkowska

T

he Women in Law Foundation (WLF) was established in July 2019 by Kamila Kurkowska and has rapidly become a force within the legal industry in Poland. Kamila wanted to create a forum where female lawyers could share their experiences as she found there was a lack of an institution to represent the interests of female lawyers. The Foundation has now been in operation for over four years and has many achievements to its credit: • completing the fourth edition of a mentoring programme for young female lawyers • conducting the first survey in Poland on the situation of women in the legal industry (600 female lawyers responded to our questionnaire).

• creating an anti-discrimination guide for women in business.

• Creating a list of the top 25 female lawyers in business with the Polish edition of Forbes Women. (Third year recently completed).

WLF regularly organises events on topics important to women lawyers and has recorded more than 30 episodes of the video podcast "The Right to a Voice": interviews with prominent women lawyers.

Below is the speech given by Kamila Kurkowska founder of WLF, at the Lisbon Women Leaders Summit.

Future for Women leaders in Law is Bright “Have you ever felt discriminated against because you are a woman?

Have you or your female colleagues from law school, law firm or the institution you work for not been promoted or given a raise, just because they were women?

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I don't know the answer to what the scale of discrimination against women lawyers is in Europe, but I do know what it is like in Poland.

I am sure that there are countries in Europe where the situation of women lawyers is better, but I also know that there are countries where it is even worse. For the sake of the moment, let's assume that Poland is somewhere in the middle.

Two years ago, as the Women in Law Foundation, together with the Polish Association of Corporate Lawyers and PwC Legal Poland, we conducted a survey among Polish women lawyers. Almost 600 women lawyers responded to us.

What were the key data and conclusions of the report? (a) 85% of women in the legal industry have experienced a diminishing of their competencies due to their gender. (b) 71% feel that being a woman negatively impacts decisions regarding their career progression. (c) 49% struggle to balance their professional careers with personal life. (d) 15% have endured sexual harassment at work, a painful reality for far too many. (e) Female lawyers often encounter challenges in promotions and returning to work after maternity leave.

Violations of personal boundaries are unequivocally negative and should be strongly condemned and thoroughly analyzed by industry stakeholders, including bar associations.

Workplace bullying is an issue that more than half of Polish female lawyers have encountered, and it is particularly prevalent among younger professionals. However, the most alarming statistic is that 85%

Events

Women Leaders in Law Summit in Lisbon

of female lawyers feel that their expertise is diminished due to their gender, with one-third believing this occurs frequently or very frequently.

Have you ever asked yourself what it is like in your country?

Sexual harassment remains a sensitive and painful issue, often manifesting not only as physical aggression but also in subtle forms such as patronising remarks and chauvinistic jokes. While 15% of respondents reported experiencing sexual harassment at work, I must acknowledge that 85% have not faced such violations.

Our duty as leaders in the legal profession is to set high standards, unequivocally oppose inappropriate behavior, and build trust within our legal community.

I firmly believe that until we stand up in the truth and say out loud what problems women lawyers have, in my opinion, not only in Poland, but in Europe in general, or in the world, we will not be able to build a healthy, stable and respectable legal industry. Therefore, before I talk about the future, I wanted to say out loud how it is and what we women have to face.

So what should the future be? Should be bright, of course. But how to get there?

I am a big supporter and even fan of mentoring. The Women in Law Foundation is currently in its fourth edition of a mentoring programme aimed at young female lawyers. The mentors are experienced female lawyers and experienced lawyers. Over the past four years, almost 200 young female lawyers have already benefited from the programme and we have trained a total of 350 mentees and mentors.

In my opinion, this is how we should approach building and developing the legal industry in Europe and fostering empathetic leadership, which is still lacking in law firms or in-house legal departments.

Mentorship should be systematic and widely accessible.

It is our responsibility to keep pushing for change and advocating for a brighter future for women in the legal profession. We must be leaders of change, setting the example for the entire legal community. In my opinion, it is mentoring that is a great tool to change and empower women lawyers.

In closing, I want to leave you with this message: The future for women leaders in law is indeed bright. By addressing the challenges headon, we can shape a profession where competence and dedication, not gender, determine success. Together, we can make a difference and pave the way for a more inclusive, diverse, and equitable legal profession in the whole Europe.

Perhaps the answer to the question of what the future of women lawyers in Europe should be is to create a space for mentoring at European level.” ■ Kamila Kurkowska President and Founder of Women in Law Foundation (Poland) Mentor of women lawyers Women in Law - fundacja integrujaca srodowisko prawnicze

The mentoring programme has also become a platform for building relationships, sharing experiences and making friends in the legal industry.

LegalWomen | 35

Careers in Law

It takes more than just the academics to become a Lawyer Ruby Rai

My road to becoming a Solicitor followed a very traditional route, especially since it started when I was 16 years old in 1996 all those many moons ago. Please don’t do the maths, I feel old enough already!

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s I say to students that I meet when attending and speaking at school careers fairs, just follow what you enjoy. Doing this means you’ll pick the subjects you like and by default, are either good at or want to be good at. That’s half the battle. Doing something you ‘think’ you should do or ‘would’ be good to do just won’t last the distance for you.

As I say to students that I meet when attending and speaking at school careers fairs, just follow what you enjoy. Doing this means you’ll pick the subjects you like and by default, are either good at or want to be good at. That’s half the battle. Doing something you ‘think’ you should do or ‘would’ be good to do just won’t last the distance for you.

So for me, I enjoyed English Literature, History and Sociology. I choose these subjects at GCSE’s and A Levels and this decision funnelled the career options that my school put forward.

However, more importantly it was the decision to find work experience at the age of 16 within a law firm that sealed the deal for me. I prepared for this by creating a work persona, which included a workwear of sharp suits, a Filofax (which was trendy back then!) and a whole heap of enthusiasm. The experience was defining for me, as I was thrown into the deep end of client meetings, magistrate hearings and the photocopier.

It was as a real as it could be and I loved it. I loved it so I became good it at. So much so, that I was there at the law firm for subsequent school holidays on a paid basis.

Following the academic route of A Levels, LLB degree and the Legal Practice Course was what made me a qualified Solicitor, but it was everything else outside of this that me the Lawyer I am today.

Gaining experience all the way and parallel to academia taught me the resilience, drive and motivation I needed not just for me to succeed, by what I needed to deliver the results for my clients.

It taught me what I actually liked in practice, not the textbook version of it.

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Throughout university in Birmingham and London, I took part in Pro Bono advice clinics and Free Representation Units. I actively sought any opportunity to get work experience, either paid or voluntary to put in practice the skills I was learning. It was great and I felt like a grown up.

Gaining a Training Contract was competitive and at times disheartening. I decided that I had completed enough applications and wanted to be back in the real word of Law. So I took position as an Employment Paralegal, with the intention that it mattered more to me how quickly and what work I was doing, rather than waiting for a Training Contract that I wanted.

I later landed my Training Contract and qualified by doing both the Professional Skills Course and working which could not have been any better suited for me.

Since then, my career has taken me on what I would describe as a scenic tour. Be that working for high street and regional firms to practicing Law in Dubai for the largest Law Firm in the Middle East.

So my advice is do both! Do the academics but have the practice, the feel of and real life experience. This will determine what kind of Lawyer you want to be and not just focusing on becoming a Solicitor. Trust me, its much more than that and there’s lots of fun to be had in the process. ■

Ruby Rai

Senior Associate, Pattersons Commercial Law www.pattersonscommerciallaw.com

Alternative Careers in Law

Behind the Scenes as a knowledge lawyer Natalie O'Shea, a Senior Knowledge Lawyer at Withers LLP choose to become a knowledge lawyer after ten years of qualification. Here she reflects on the role and gives an insight to the highs and the lows.

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his article, refers to 'KL' (knowledge lawyer) to include other terms, such as, PSL (professional support lawyer), knowledge counsel, knowledge partner etc. Some chose this route from qualification, others transfer at a later stage of their legal career.

Why choose to be a KL? Aside from the obvious (the hours are more manageable than juggling a heavy caseload with the demands of a young family; you put your legal expertise to effective use and "keep a foot in the door" if you envisage returning to fee earning) why choose to be a KL? Over the years, the KL role has undergone a transformation.

Decades ago, it was more reactive, focused on training and precedent management. It is now proactive, encompassing fee earning work, high level research and an internal counsel function; innovation (in my case for example, working with two of our partners to create a new service (Uncouple)); project planning; business development; and in some firms, strategic direction responsibility. It can be immensely rewarding.

No KL role is the same but at its heart is the generation, capture, application, and dissemination of knowledge, alongside the training of fee earners at all levels with the purpose of maximising the expertise, success and profitability of your team. Being disciplined and organised is key. I asked a few KL friends for their thoughts about our role and this is what from Hadi Kulsoom, knowledge counsel at Travers Smith had to say: "As a KL, I enjoy the immense variety of work the role brings and being able to support the whole team from training juniors to analysing complex questions with senior lawyers. It can be a challenge to define your role and prioritise tasks without the structure of client work….make sure you are clear about your objectives…. ".

Making connections – client-facing opportunities As a KL you are an expert in your field. You can take a deep dive into your area of law and provide high level research and training to improve your team's collective expertise. You are not rushing off to court / attending late night cons / dealing with client calls at the weekend / filling in timesheets, which can be a plus. But if the thrill of litigation, or late-night transactions, client interaction and running your own caseload is what drew you to a career in law in the first place, then think carefully before hanging up your fee earner boots.

I have found the best way to deal with the lack of direct client contact is to infuse my day with chargeable work and seek out exposure to clients through other avenues. I have retrained as a mediator and run legal advice sessions via our team's pro bono schemes, both of which provide me with that direct client fix.

Natalie O'Shea

Career progression Whilst the role is flexible and expandable, be clear about your career development opportunities. Does your firm offer a clear progression programme and development goals? Is there a path to partnership or serving on the board? And check your remuneration package – ask questions about future increments – this may or may not be linked to your PQE. The pandemic has resulted in more flexible working patterns, so explore all options before making the change. You may actually be able to adapt your fee earning role to suit your needs.

Any more tips and advice?

• Ascertain whether the team and firm has a supportive lead (as I do) and a good knowledge-sharing culture. At Withers we have a deeply embedded knowledge-sharing ethos with at least one KL in most teams.

• Ensure you direct your energies into legal work. Get a brilliant secretary (like mine) and don’t allow administrative tasks to take up unnecessary time.

• Yes, you are still a solicitor. You may need to remind people of this sometimes. Don’t allow the word 'support' to affect your professional branding.

• If you are sociable at work, ensure that you reach out to other KLs. I work with two other KLs in my team (both brilliant) but as a KL you are unlikely to fall neatly into the ready-made tribe of associates as before, and so you need to work a bit to avoid feeling isolated when you start off. Every lawyer can contribute to the social fabric of their firm, but you may find you have more space to do so as a KL. • Expand your horizons, say 'yes' a lot and be open to new technology and media ops. You will be rewarded. I have spent time in film studios as one as an advisor in a legal TV series on Wills, and been part of the team for our Modern Relationships podcast series. Wider opportunities are out there, so make them happen.

• Be organised, disciplined, use your expertise to contribute more widely area of law; serve on committees, push for reform, respond to consultation; share your knowledge (without giving away the crown jewels). Choosing a career as a KL will reap many rewards and you can give back to improve our legal landscape. ■

Natalie O'Shea

Senior Knowledge Lawyer, Withers LLP https://withersworldwide.com/en-gb/people/natalie-oshea Natalie.O'Shea@withersworldwide.com

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Book Reviews

Negotiating Technology Contracts 2nd Edition

A Practitioner’s Guide To Inheritance Act Claims 4th Edition

By Kit Burden, Mark O’Connor and Duncan Pithouse

By Nasreen Pearce

TOP PROFESSIONAL ADVICE ON THE SUBTLE AND PROFITABLE ART OF COPING WITH TECHNOLOGY CONTRACTS -- NOW IN A SECOND EDITION An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

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s technological change looms ever larger, faster, and increasingly complex, this book -- now in a new edition -- becomes all the more essential for practitioners tasked with the ups and downs and ins and outs of negotiating technology contracts. To say that they’re difficult to negotiate is something of an understatement.

All the better then, that the three authors of this well-established legal text -- all from DLA Piper -- have now collaborated in producing its new second edition from Globe Law and Business. Their stated aim is to ‘help you navigate safely and successfully through the negotiation maze.’ And a fair bit of a maze it is too, considering the ubiquity and complexity of the subject matter.

A TAX WE SHOULD ABOLISH? WELL -- NOT YET. MEANTIME, PRACTITIONERS IN THIS AREA SHOULD READ THE NEW EDITION OF THIS GUIDE An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, ‘The Barrister’ and Mediator

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awyers dealing with inheritance tax issues (and they are out there aplenty) would be wise to acquire this long established and eminently useful title -- now in a new and extensively updated. fourth edition from Wildy, Simmonds, and Hill.

The author -- Her Honour, Nasreen Peace -- is a retired judge, well known to the Bar and Wildy, and particularly expert in this challenging, controversial area of law. The guide therefore offers practitioners a detailed and authoritative guide to the provisions of the Inheritance (Provisions for Family and Dependence) Act 1975, with reference to subsequent and recent legislation which is discussed and analysed in detail.

The overall aim is to help negotiators gain a full appreciation of the nature of the underlying deal and the true commercial needs of the contracting parties involved. Compliance with the relevant laws and regulations is of course a key issue, particularly the ramifications of changes to the law and also the key question of which jurisdictions are being referred to.

The Act itself, as the author points out ‘has been amended over the years to meet the needs of an ever-changing global society,’ notably the now varied forms of family and the extension of the non-traditional family -- a prime example of this being same sex relationships. Usefully, the book provides a step-by-step guide to the preparation of cases under the Act and the practice and procedure required to process an application through the courts.

Across its twenty-four chapters, the book delivers considered and informed advice on a wealth of other key issues, including such relatively recent developments as cloud-based services and the impact of artificial intelligence (AI) on contract provisions. The book is reassuringly practical in that it tells you what you need to know and what you need to do, as you approach that formidable negotiating table. Chapter topics range from due diligence to service provision, to warranties and of course much more.

The book deals with every conceivable aspect of this complicated area of law which, to the advantage of the practitioner, delivers informed comment, as well as fascinating reading, supported throughout by a wealth of references to cases. Also contained in this updated edition are detailed discussions of a range of issues that have relatively recently emerged: crypto-currencies and crypto-assets, for example and the increasing importance of -- and often the necessity for -- negotiation and mediation.

Helpfully, there is useful commentary on such issues as, for example, intellectual property and cloud services, plus comment on the different types of technology contracts and the various approaches you are likely to encounter in Europe, the UK and the US. The advantage here is that the various types of technology contracts are carefully examined -- and also note the final chapter on handling -- or coping with -- the dreaded eventualities of managing contract disputes.

With its detailed index and table of contents -- and of course, numbered paragraphs throughout -- the book is easily navigable as are all Wildy guides. Note the tables of statutory instruments, guides, codes of practice and international materials. All but one of its thirteen chapters feature an introduction and the chapters themselves cover every relevant aspect of this minutely detailed legal landscape which, more often than not, demands an erudite, precise, and yet sensitive approach to sensitive and often complicated issues, such as -- for example -domicile, time limits, eligibility, grounds for making a claim and so forth.

Note too, the three appendices which include legislation, precedents, and practice guidance. ■

As technology progresses ever faster and further into an era in which AI, for example, will increasingly dominate, this book provides the beleaguered negotiator with essential and much needed advice and guidance. No one involved in the complexities of this fraught and fast-moving area of law should be without it. ■ 38 | LegalWomen

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