Follow the leaderWith lawyers from 63 countries visiting London for the International Bar Association's World Women Lawyers Conference, Lucy Hickman looks at the role of prominent female lawyersDianna Kempe QC made no secret on being elected as the International Bar Association's first woman president last year that she intended to promote women's issues heavily during her two-year stint in power.Central to this goal is Ms Kempe's brainchild, the forthcoming world women lawyers conference which, she says, is aimed at allowing female lawyers to share experiences and ideas and make contacts.
She says: 'Despite the cynical remarks about women not needing this sort of thing anymore because they have already "made it", from my perspective, in many countries, the feeling that women are a second-class part of the profess-ion is prevalent.'But the conference isn't about agonising.
It's designed to be positive, about helping each other, boosting confidence and giving the feeling that pushing on and trying to make a difference is worth the effort.'Margaret Bennett, a London-based solicitor and founder of the UK branch of the American Bar Association's highly successful Women Rainmakers Network, believes women's conferences can be beneficial.
'Many of these women are spending their professional lives in a man's world, which can be very lonely.
This is a good opportunity to meet other women lawyers from other countries, build up a network and exchange experiences.'She says that the network, which meets for the third time this month since its inception last May, fulfils a similar role.
'It often takes women some time to grasp what they should be doing and how they should be progressing in terms of their careers and client development.
They don't seem to have as much of a strategy for themselves,' she says.Ms Kempe says in most countries women still suffer discrimination in terms of equal pay, promotion prospects and a general lack of respect from male counterparts.A recent report in South Africa, for example, found that gender discrimination was prevalent in both white and black attorneys' firms.
Women attorneys were relegated to what were regarded as 'soft' areas of the law, such as family and conveyancing work, and were not encouraged to pursue areas such as litigation.
The report also found that most of its respondents operated as if women did not have family responsibilities.
Women lawyers had to be 'accommodated' in a male environment and even basic rights such as maternity leave were not easily accepted by male counterparts.Even the UK, Ms Kempe points out, has problems.
'There are still significant issues regarding the upward advancement of women lawyers.
I have been to one or two women lawyers' group meetings in the UK and have been shocked to hear of the problems they are still suffering.'A recent international survey of women lawyers carried out for the IBA, shows that while most countries have anti-discrimination legislation in place, enforcing it is another matter.
As the report's author, Jane Mann, head of employment at London firm Fox Williams and chairman of the Employment Lawyers Association, says: 'It became apparent from the responses that, although legal rights may exist in theory, they are not always exercised - or even exercisable - in practice, whether through ignorance or fear or whatever.'The Worldwide Survey of Women's Rights at Work, completed this year, questioned 978 lawyers in 76 countries about issues such as maternity leave, part-time working, sexual discrimination, and harassment.
The study reveals that although all respondent countries, except Sierra Leone, have some laws to protect women at work, sex discrimination is 'widespread in practice' and in some countries pregnant women are regularly ousted and men preferred over women for certain jobs.Claire Miskin, co-chairwoman of the IBA's women's interest group (WIG) - controversially set up by Ms Kempe in 1996 - agrees the law is a blunt instrument.
However, public campaigns and lobbying legal services and governments can help to ensure it is upheld, she says.The survey also shows that the right to work part-time is a bone of contention for many countries - three quarters of the jurisdictions offer no legal right to work hours much less than the usual full-time hours.
Ms Mann says: 'Some countries are boldly insisting that employers do allow part-time working whereas others, mindful of the potential inconvenience and cost to employers, are reluctant to impose such a requirement on employers.
This would appear to be an issue which will be debated around the world.'In the UK, an employer cannot refuse a request to work part-time unless it can objectively justify the requirement to work full-time having regard to the needs of the job and the business.However, as Ms Kempe points out, many women who are supposed to work part-time, effectively work full-time - but earn only part-time wages.She says: 'Clients are very demanding and it's often not a job that can be done between nine and three.
Most so-called part-time workers also effectively work full-time because they feel threatened.'Many of the women questioned cited examples of being patronised by their male counterparts, which no legislation can realistically prevent.
Diane Benussi, principal of Benussi & Co, the all-female divorce practice she set up in Birmingham in 1983, says: 'It never ceases to amaze me when men put their arm round me when they are talking to me.
They don't mean any harm and there is no point getting angry - you learn to live with it.'Law Society Deputy Vice-President Carolyn Kirby agrees that getting angry at such actions is futile, preferring to use humour to put down offenders.
However, she admits that such an approach requires confidence which many younger female lawyers do not have, particularly if the offender is more senior.
Ms Kempe found an effective cure for a male lawyer's habit of winking at young female lawyers around the office when she suggested he wink at the male lawyers.
He never did it again, apparently.
And if anyone knows how to deal with patronising male lawyers, it should be Ms Kempe, whose rise to the top of the IBA has been marked by a continual struggle againstso-called traditional attitudes.
Ms Bennett says that although the 'old boys' network is still 'alive and well' within the legal profession, it is on the decline.She says: 'The old boys will find themselves swamped if they don't adjust, not least because many of the top executives in client companies are now women - and they could be the ones choosing which law firms to use.'A female principal at one firm, who asked not to be named, says anti-discrimination legislation can be detrimental to women.
She says: 'Women are generally better employees but the legislation that protects them is a terrible weight around their necks - it's so oppressive.
Many women declare that doing certain things - like failing to come back after maternity leave without notice - is their right.
It is, but there is no responsibility shown.
They use it to their benefit and don't think about those who come after them.'However, Ms Miskin hits back, claiming: 'All legislation designed to protect people is capable of abuse.
I don't think women should be singled out for committing that.' Whether through the ineffectiveness of legislation or other reasons, Law Society figures show that despite 60% of legal practice course students and36% of the practising profession being women, 42% of solicitors on the roll but without practising certificates are female, which indicates that many of them have left the profession.Ms Benussi says there is 'absolutely no doubt' that women lawyers have to work harder to achieve the same goals as their male counterparts, not least because she often has to juggle work and family life.
And Ms Kempe, an English-born barrister who is both senior and managing partner of top Bermuda firm Appleby Spurling & Kempe, agrees they have to work harder, even if the family element does not come into it.
She says: 'If a woman gets into a top firm she really has to shine to get to the top.
Being good or mediocre will not do it.' Ms Kempe says women in power have a duty to promote the cause of their own gender.
But Ms Miskin says: 'It's very common in a profession such as the law where there are not many women at the top that you get Queen Bees who get to the top and then say to other women "I got here because of my talent" and refuse to help.
'They should recognise the possibility that other women may be are struggling under conditions they didn't have to face.
I think women in positions of power should promote the cause of their own gender.' Ms Kirby, who could become the first female Law Society president in two years' time, is however, more circumspect.
She says: 'I am a very strong believer that there should be fairness of opportunities but not necessarily positive discrimination.
If there are circumstances where it is clear that women are not being given equal opportunities, then women should make sure that this is remedied.'However, I would do this with discrimination against any group of people.
I'm not a feminist in the accepted term of the word.
I would prefer to do the job to demonstrate that a woman is capable of doing it.' Ms Kirby says that although women are probably better at multi-tasking and prioritising, there are not essentially many differences in what makes a good leader between the sexes.
'You need the ability to communicate effectively, to work as part of a team and be hard-working and dedicated,' she says.
Ms Kempe says women are better at building trust in a team.
'Trust makes people change and leadership is about change,' she asserts.
Ms Benussi says women are better at reading body language - a big bonus to any leader.Most of the women lawyers agree that despite being a male-dominated profession, apparently rife with discrimination, law compares fairly well with other professions.
So, how does a female lawyer make it to the top? Ms Kempe says: 'Work, work, work, be prepared, meticulously organised and work, work, work.' Or one could try Ms Benussi's approach: 'People think of me as an honorary man.
They don't think of me as a woman, perhaps because I say it as it is.'Lucy Hickman is a freelance Journalist
World Women Lawyers ConferenceWhat do former US Secretary of State Madeline Albright, CNN journalist Christiane Amanpour and first woman president of the International Bar Association (IBA), Dianna Kempe QC, have in common?Apart from being women who have broken through the clichd glass ceiling in their fields, they will all be speaking at the first World Women Lawyers Conference, to be held in London next week.
Women lawyers from all jurisdictions and across the whole range of practice areas will have the chance to meet, learn and network in a unique event attended by some of the world's most successful and powerful women.The topics covered in the two-day conference are comprehensive both geographically and in covering the wide spectrum of legal practice.
The sessions range from e-commerce, banking and finance and capital markets, employment law, and energy law, to family law, the impact of insolvency on women and families, human rights, and a plenary session on women, Islam and the law.Shazadi Beg, a special adjudicator based in London who deals with refugee appeals, says: 'This conference is different because it encompasses a whole range of issues and interests right across the board, not just the concerns of women from the developed world - and the objective is to show women that they really can make a difference.' Ms Beg is preparing an action plan to encourage women to speak for themselves and for others.
And part of that plan is to ask that those attending the conference donate part of their fees to help the work of the IBA's human rights institute, and also to ask those attending to volunteer part of their free time to help in training lawyers for those parts of the world where that advice and assistance is most needed.l The conference, on 1 and 2 March, is being held at the London Hilton London Metropole Hotel and Convention Centre.
Registration costs 275.
For more details, contact the IBA on tel: 020 7629 1206, fax: 020 7409 0456.LINKS: www.ibanet.org full conference programme
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