Women solicitors in a fractured profession: Intersections of gender and professionalism in england and wales

International Journal of the Legal Profession

Volumn 9, Issue 3, 2002, Pages 213-234

  Sommerlad, Hilary ^a  

^a LEEDS METROPOLITAN UNIVERSITY   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 28744444357     PISSN: 09695958     EISSN: 14699257     Source Type: Journal    
DOI: 10.1080/0969595032000071761     Document Type: Article

References (57)

1. Malleson, K., and Banda, F., 2000. Factors Affecting the Decision to Apply for Silk and Judicial Office, LCD Research Series 2/00 London Telephone communication with LCD, 14 June 2001. See; for a less optimistic discussion of equal opportunities and the judiciary; and the contributions in
2. Thomas, P., ed. 2000. Discriminating Lawyers, London: Cavendish. for perspectives on inequality generally in the legal profession. The complacency of Lord Irvine's comments is even more striking given that he personally has been charged with precisely the sort of practice which serves to perpetuate male dominance: Jane Coker v Lard Chancellor [EAT 2001], and see
3. Foot, P., 2001. Cronyism: it's the law. The Guardian, 23 January: 19
4. Bundock, M., and Cooper, T., 1998. Sex discrimination and trainees' salaries. New Law Journal, 148: 600601 Furthermore such limited depictions make possible the argument, raised for instance by Bundock and Cooper, that statistics showing, say, that women earn less than men solicitors is not evidence of their marginalisation as the disparity may result from other differentials (such as levels of experience) rather than from discrimination. See
5. Conaghan, J., 2000. Reassessing the feminist theoretical project in law. Journal of Law and Society, 8(3): 351 There has for some time been a debate over the problematic essentialisation involved in invoking a unitary female experience. See
6. Boyd, S., 1999. Family, law and sexuality: feminist engagements. Social and Legal Studies, 8: 369371–374. for a stimulating contribution, in which she suggests feminists "re-engage with feminism's normative aspirations and reinstate women-centredness as a feminist political strategy". Susan Boyd similarly argues for a materialist feminist theory
7. Mather, L., McEwen, C., and Maiman, R., 2001. Divorce Lawyers at Work: Varieties of Professionalism in Practice, 10Oxford: Oxford University Press. The concept of communities of practice is that of Mather et al. who use it to point up the "layers of collegial control (which) operate in work settings and interact with personal identities to help lawyers resolve uncertainties about appropriate conduct". See
8. Dingwall, R., 1979. Accomplishing profession. Sociological Review, 24: 331
9. Bacchi, C., 1996. The Politics of Affirmative Action: 'Women', Equality and Category Politics, London: Sage. Of course this method still entails an essentialisation of women within these sectors, albeit to a reduced extent, and it remains important to bear in mind the complex interplay of variables such as class and ethnic origin in affecting career chances in the profession; see M. Shiner, Young, gifted and blocked! Entry to the solicitors' profession, in: Thomas (Ed.) Discriminating Lawyers. Nevertheless the attempt at overview may be justified politically as 'strategic essentialism', a response to the concomitant essentialisation and relocation of women by the profession-as exemplified by Lord Irvine's assertion. See G. Spivak with Ellen Rooney, 'In a word', interview 1989, reproduced in Nicholson, 1997, at 356; see too; and note 4
10. Sommerlad, H., and Allaker, J., 1991. Retrieve or Retain: Training for Wbmen Returners to Private Practice unpublished report
11. Sommerlad, H., 1994a. Issues in the Retention of Wbmen Solicitors: A Regional Study unpublished report
12. Sommerlad, H., and Sanderson, P., eds. 1998. Gender Choice and Commitment: Women Solicitors in England and Wales and the Struggle for Equal Status, Aldershot: Ashgate. For a full description of the methodology employed in these studies, see
13. Sommerlad, H., 2001. 'I've lost the plot': an everyday story of the 'political' legal aid lawyer. Journal of Law & Society, 28(3): 335342–343. This is an (ongoing) project funded under the Nuffield Foundation's Access to Justice programme; see, for a description of the research design
14. Hanlon, G., 1999. Lawyers, the State and the Market: Professionalism Revisited, London: Macmillan.
15. Strange, S., 1997. Casino Capitalism, Manchester: Manchester University Press.
16. 2000. The Law Society, Key Trends, 3London: RPPU Law Society. The period 1995-2000 has seen an 11.8% growth in 'mega-lawyering' firms (26 partners or more) in die UK: see
17. Tyler, R., 1999. In search of a good deed. Legal Week, 1(20) 6 October: 10–11. See for instance
18. The Law Society. 2001. Key Trends, 1–2. RPPU Law Society.
19. Boon, A., Duff, L., and Shiner, M., 2001. The Satisfaction(s) of a Fractured Professionalism in the Careers of Newly Qualified Solicitors
20. Reskin, B., and Roos, P., 1990. Wbmen and Men at Work, Thousand Oaks, CA: Pine Forge.
21. Kay, F., 1997. The flight from law: a competing risks model of departures from law firms. Law and Society Review, 31(2): 728
22. 2001. Report on the findings of the LSRC Equal Opportunities Survey, 4London: Legal Services Research Centre.
23. Legal Week in association with EJ Legal, 7 December 2002, 14.
24. Epstein, C.F., Seron, C., Oglensky, B., and Saute, R., 1999. The Part Tune Paradox: Time Norms, Professional Lives, Family, and Gender, New York & London: Routledge. See the discussion of long hours in the context of "mystiques about the distinctive and unique feats performed by its members" in
25. Freidson, E., 1992. “ Professionalism as model and ideology ”. In Lawyers' Ideals/Lawyers' Practices: Iransformations in the American Legal Profession, Edited by: Nelson, R., Trubek, D., and Solomon, R., Ithaca: Cornell University Press. As Freidson has argued, total commitment to one's work is one of the central norms of the profession
26. Walby, S., 1986. Patriarchy at Work: Patriarchal and Capitalist Relations in Employment, Cambridge: Polity.
27. Walby, S., 1990. Theorising Patriarchy, Oxford: Basil Blackwell.
28. Goffinan, E., 1959. The Presentation of Self in Everyday Life, New York: Doubleday.
29. Davidson, J., and Young, P., 1999. At 4 am the deal was put to bed, but no breakfast was at hand. Legal Week, 1(34) 30 September: 6 For instance: "… no worthwhile deal is ever signed up in daylight hours
30. Baxter. 2001. Drinking from a poisoned chalice?. Legal Week, 3(11) 22 March: 11 in his discussion of a power struggle amongst the top partners at Clifford Chance; another contender was described as working "7 days a week and sleep(ing) no more than 3 hours a night",; and see
31. Tyler, R., 1998. Is flexible working a waste of time?. The Lawyer, 6 October: 13
32. 2001. Obiter. Law Society Gazette, 98(27) 7 July: 14 The provision of gyms and therapies such as massage and yoga are also common; see for instance
33. 2001. Editorial: More money than sense. Legal Week, 3(21) 7 June: 16
34. Richards, B., 2001. Cultural revolution. Legal Week, 3(17) 10 May: 17
35. Bedlow, D., 1999. Putting principle into practice. Legal Week, 1(23) 1 July: 18–19.
36. 2001. Janet Gaymer. Link AWS, 3 Summer: 18–19.
37. McGlynn, C., and Ward, S., 1999. Women at work. Law Society Gazette, 96(17) 28 April: 18 See for instance McGlynn and Ward's profile of top women in the corporate sector; Other examples include Janet Gaymer who is now Simmons' senior partner and Joy Kingsley who is managing partner at Pannone & Partners
38. Collinson, E.L., Knights, D., and Collinson, M., 1990. Managing to Discriminate, London: Roudedge.
39. Kanter, R., 1977. Men and Women of the Corporation, New York: Basic Books. That is, as; notes, quasi-feudal working practices
40. Sommerlad, H., 1998. “ The gendering of the professional subject: commitment, choice and social closure in the legal profession ”. In Legal Feminisms, Edited by: McGlynn, C., Aldershot: Ashgate.
41. Legal Week in association with EJ Legal, 7 December 2002, 14.
42. Eccles, D., 2003. Shirking the room. link AWS, 5 (Winter): 7 See for instance on the difficulties for women of marketing and the negative marks they receive as a result when appraised. However there are specialisms in which the clientele tends to comprise more women; for instance Human Resources is dominated by women and, correspondingly, employment law appears to be a specialism in which women are tending to do well (in both sectors)
43. Zaki, S., 2001. Bridging the gap?. Legal Week, 3(23) 21 June: 1012
44. Silverman, J., 1996. Questioning discrimination in the selection interview: a case for more field research. Feminism and Psychology, 6(4): 574577
45. Cockburn, C., 1991. In the Way of Women: Men's Resistance to Sex Equality in Organisations, London: Pluto Press.
46. Adkins, L., 1995. Gendered Work, Milton Keynes: Open University Press.
47. Collinson, M., and Collinson, D., 1996. "It's only Dick": the sexual harassment of women managers in insurance sales. Work, Employment and Society, 10(1): 29
48. Filby, M., 1992. The figures, the personality and the bums: service work and sexuality. Work, Employment and Society, 6(1): 23
49. 2000. The Diary. Legal Week, 2(36) 28 September: 16
50. 2000. The Diary. Legal Week, 2(41) 26 October: 18 Which, it also wrote, had prompted it to instigate an equal opportunities policy involving giving it's "avid female readership … more red-hot action
51. 2000. The Diary. Legal Week, 2(40) 19 October: 16
52. Kennedy, D., 1993. Sexy Dressing, Cambridge, MA: Harvard University Press.
53. Bourdieu, P., and Wacquant, L., 1992. An Invitation to Reflexive Sociology, 4London: Polity Press.
54. Foucault, M., 1977. Discipline and Punish, 202–203. Harmondsworth: Penguin.
55. Zaki, S., and Malpas, J., 2002. Exit stage left. Legal Week, 4(1) 10 January: 10–12. For instance through legal challenges there are increasing numbers of discrimination cases being brought against law firms; see
56. 2002. Dispute. Legal Week, 4(6) 14 February 2001 the Office for the Supervision of Solicitors began an investigation into the large corporate firm CMS Cameron McKenna following allegations of sexual discrimination and unfair dismissal
57. Cain, M., 1994. “ The symbol traders ”. In Lawyers in a Postmodern World, Edited by: Cain, M., and Harrington, C., Buckingham: Open University Press.