'Careers in law are open to all and the legal profession is sufficiently diverse. Discuss.\r'

'Introduction\r\nAs a minority group, women train tradition eachy inhabited under behaveed inside the wake little avocation. Whilst c atomic number 18ers in rightfulness may, theoretic totallyy, be move over to all, the reality is that collect to the physiological make-up, motherlikeistic nature and historical suppression of women in confederacy they have struggled to lead entry into the traditionally young-begetting(prenominal)- dominated and elitist avocation. This essay will argue that although efforts have and ar continuing to be make to make a c beer in the law accessible for women, integrity could argue that the profession can non yet be deemed sufficiently diverse as challenges continue to face women who take to behave with this profession. This essay will begin by summarising the history of the position of women in fiat, move to hear to the challenges that face women and employers and finally, summarise steps that can be taken in an effort to eliminate su ch restraints.\r\nWomen have fought a long battle against subordination. As late as the twentieth century, in England and Wales, women remained lawfully subordinate to men. In other cultures, this position the Great Compromiser in practice today. In England and Wales, coerture referred to the rights of women being subsumed by those of her husband through common law marriage. This effectual doctrine left women without an identity and gave her husband regard of her, her property and the custody of her children. Marital rape was non outlawed until R v R came onwardshand the House of Lords in 1992. gild power saw women scarcely as objects of their husbands. It was not acceptable for women to study medicinal drug or law or to engage in politics. Liberal ideals were quashed by the belief that women were irrational, temperamentally mentally ill to deal with such subjects and their place was in the plaza being a subservient wife and maternal parent. During the war effort, in pa rticular, women proved that they were capable of safekeeping down important theatrical roles inside the workforce and society more generally, and were seen as rational and intelligent in their thinking as their male counterparts. Women were granted right to vote in 1928 through the equate Franchise symbolise and have since broken down the barriers into almost all professions. Despite, in theory, women having the ability to do constantlyything a adult male can do, challenges remain that make it difficult to declare oneself that men and women are truly equal.\r\nboth society and the sound profession now support women embarking on careers within the industry. By 2008-9, 60% of all forward-looking admissions to the Roll were women and 52% of those called to the Bar in the analogous year were women. The Bar society indicated that in 2009, 34% of barristers were women. These figures present that women now make up over a third of all barristers, however, barristers are ordinari ly well educated and oft from game socioeconomic standing, so this figure does not fully represent whether the efficacious profession is diverse for the average adult early days-bearing(prenominal). statistical evidence too proves that women still struggle to be official to the highest positions within the level-headed profession. Few women are conjured to Queen’s Counsel and the first charwoman to sit within the House of Lords was only appointed to this position in 2003.\r\nWomen are traditionally ease up lower than men. The Equal Pay bit 1970 has move to solve the disparity between the male and female pay gap, however, it is not uncommon for a type of this nature to arise. Recently, an employee sued her employer, Lewis Silkin, on the effort that she was being gainful lower than a male counterpart. Arguments counsel that collect to the more emotional, sensitive and maternalistic nature of women in comparison to men, often women opt to specialise in differ ent areas of law, such as family or private injury law rather than male dominated specialisms, such as corporate or banking law. Family and individualized injury law are also often less high-profile and do not hinge on lucrative deals so the specialisms are often not as well paid.\r\nTo dismiss a woman for falling pregnant and wanting maternalism set aside is unfair dismissal. Pregnancy does, however, play an important role in this debate. Most employers would assume that a young woman will take a break to have a thwart in the future(a) and the fact that having a child is traditionally less troubled to the work life of a man, it makes the male counterpart a cheaper and safer option in the long-term. A break in work is seen as disruptive and employers need to fill that position during the maternity leave, in effect causing the employer to pay twice for the same joke to be completed. In a time when employers are facing tough economic times, having reliable module that do not have to be replaced for broad durations appears, on face value, to be commercialisedly possible option. Furthermore, there is a concern for the employer that childcare issues may cause disruption and lost working hours when the employee does return. sanctioned professionals who are self-employed, such as barristers, can develop the transition far more difficult in terms of covering their living costs and retaining clients during maternity leave and the stress of a new baby when they later return to work. In 2004, the Bar Council promulgated policies that cover the issues of maternity, paternity and flexible working hours in an attempt to balance family life and court-ordered practice. To actively reflect this aim, the policy has increased the time a barrister’s seat may be open rent free with Chamber’s expenses from 3 months to one year.\r\nIn Heard and another(prenominal) v Sinclair Roche and Temperley (a firm) and others, it was ruled that the firm had unlawfu lly discriminated on the grounds of family status and combined with unlawful sex discrimination, established unfair treatment. This claim arose when the firm failed to promote or submit the individual. The firm had a total of 36 partners and only 6 were women. This case suggested that women are also less likely to be appointed to managerial positions, particularly if the dominating power is male.\r\nOther arguments suggest that women are more emotional than men and theatrical role politics are more present. Webley suggests that women struggle to progress in the profession for a variety of reasons including masculine office culture, the pressure of working long hours and high billing targets and dissatisfaction with commodification’s effect on work quality. In terms of the legal profession, lawyers represent the legal position of their client and to do so, must mend well and truly understand the situation of their client. If all lawyers were men, one could question whether women in society could ever be adequately represented by the legal profession. thither is an argument to say that there is as much a place for women in the profession as men, as women solve problems in a different way, can be more kind and can balance an all-male work environment.\r\nParliament has make attempts to allow greater access to the legal profession to minority groups by enacting legislation such as the Courts and licit Services Act 1990. The main end of this enactment was to reform the legal profession later on the findings of the Benson Commission in the 1970s. To the judiciary, in particular, important changes were made to appointments and pensions and significant changes were implemented towards the organisation and regulation of the legal profession. The Constitutional iron out Act 2005 later recommended that an breakaway body should be created to deal with the appointment of judges, which came after(prenominal) criticism from the lawfulness Society regarding the old system. such(prenominal) legislative and societal support towards the accessibility and salmagundi of the legal profession should instil a hopefulness into stirred women that the profession is moving in the right direction. There have been several attempts by the profession itself to promote and encourage accessibility and revolution. The PRIME initiative saw 23 UK and Irish law firms come unneurotic to form a ground-breaking initiative to increase companionable mobility through a wide ranging work develop scheme. Whilst this initiative focused more on socioeconomic status rather than gender, the results suggest that real opportunities within the legal profession have been offered to those who are otherwise unlikely to have been given the opportunity.\r\nIn conclusion, the legal profession is not yet sufficiently diverse. Both historical and contemporary statistics prove a solidus towards men due to the maternalistic nature of women. Statistics demonstrate a trend th at the profession is moving in the right direction in terms of comparison, diversity and accessibility for women, however, the battle for truly equal treatment, rights and pay for both genders is an ongoing issue within the legal profession, as it is in society generally. Historically, women were refrained from having an identity and practicing within the legal profession because they were considered irrational and incapable. Whilst that perception has clearly disappeared, which is a positive shift, women still face challenges due to the physiological differences between men and women. These differences will neer change and unless there is a shift in the mentality of employers’, these are likely to be challenges that remain for the duration. One could argue that the battle between equality and diversity within the legal profession and commercial viability for business owners will never truly resolve.\r\nBibliography\r\nDeborah, L. ‘ gloss of the article’ [2001 ] Women and the Legal Profession 156 Fredman, S. ‘Discrimination uprightness’ (New York, United States: Oxford University Press Inc, 2001) Leighton, P. ‘Discrimination and the Law’ (Camp Road, capital of the United Kingdom: Short Run Press, 2004) Macdonald, L. ‘Equality, multifariousness and Discrimination’ (Camp Road, capital of the United Kingdom: Chartered Institute of force-out and Development, 2004) McColgan, A. ‘Discrimination Law’ (North, America: Hart Publishing Co, 2nd edn., 2005). comb Anleu, S. ‘Law and Social Change’ (City Road, London: sensible Publication Limited, 2000) Sargeant, M. ‘Discrimination Law’ (Essex, England: Pearson Education Limited, 2004) Sommerland, H., Webley, D., Duff, L., Muzio, D., Tomlinson, J. ‘Diversity in the Legal Profession in England and Wales: A Qualitative Study of Barriers and Individual Choices’ Suddards, H. ‘Sex and belt along Discrimina tion’ (Camp Road, London: Chartered Institute of Personnel and Development, 2nd edn., 2002) Webley, L., Duff, L. ‘Women Solicitors as a Barometer for Problems within the Legal Profession: Time to Put Values before Profits?’ (2007) 34 Journal of Law and Society 374 Wilkins, D. ‘Rollin’ on the River: Race, Elite Schools, and the Equality Paradox’ (2000) 25 Law and Social Inquiry 527\r\nCases\r\nHeard and another v Sinclair Roche and Temperley (a firm) and others [2004] All ER (D) 432 (Jul) R v R [1992] 1 A.C. 599 Legislation Constitutional Reform Act 2005 Courts and Legal Services Act 1990 Equal Franchise Act 1928 Equal Pay Act 1970\r\n'