Strides of Progress With Miles To Go: Expanding on Model Rule 8.4(G) To Encompass Gender Equality in the Legal Profession

SUMMARY South Africa lags behind with regard to an effective framework supporting substantive equality in the legal profession. The structure of the legal profession and the number of women represented in the legal profession do not as yet reflect the diversity of South African society. A number of factors play a role in the skewed representation of female attorneys and advocates in the legal profession. In addition, formal equality cannot translate into gender transformation, as the issues that cause such inequalities extend beyond the scope of attaining sameness. International instruments suggest that special measures be adopted to achieve substantive equality specifically with regard to the role of women in the workplace. This article analyses the current composition of the legal profession from the perspective of gender and race, while promoting the concept of substantive equality as a preferred approach to gender transformation in the legal profession. It considers the theoretical framework for gender equality as a human right in South Africa by examining relevant legislation and international and regional instruments, and analysing the extent to which the Cape Bar maternity policy, as an existing transformation initiative, implemented on the basis of a gender stereotype, encourages substantive gender transformation in the legal profession. Key words: gender equality; human rights; legal profession; substantive equality; formal equality; gender transformation; gender stereotypes

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Structure of the Workplace Or, Should We Continue to Knock the Corners off the Square Pegs or Can We Change the Shape of the Holes

Alberta Law Review ◽

10.29173/alr1119 ◽

1995 ◽

Vol 33 (4) ◽

pp. 821 ◽

Cited By ~ 1

Author(s):

Wendy G. Baker

Keyword(s):

British Columbia ◽

Supreme Court ◽

Work Environment ◽

Gender Equality ◽

General Public ◽

Task Force ◽

Legal Profession ◽

The Past ◽

Number Of Factors ◽

The Supreme Court

The author discusses the structure of the workplace in the legal profession from the perspective of a woman who has practiced law for fifteen years, who was on a recent task force reviewing gender equality in the legal profession and who is now a member of the Supreme Court of British Columbia. From this perspective, the author finds that workplace structures in the legal profession have changed very little in the past two decades. However, a number of factors are compelling the legal profession to rethink workplace structures: average incomes of lawyers have dropped in recent years as compared to other similarly educated Canadians; traditional areas of practice for lawyers are being encroached upon by other professionals and para-professionals; the oftentimes unpopular image of the profession amongst its clients and the general public; and the increasing presence of women in the profession and their male counterparts who also wish to break from traditional modes of practice. These factors are forcing members of the profession to begin to take advantage of the flexibility latent in the traditional legal work environment to alter the structure of the workplace. The author says these changes are necessary to better serve the needs of both lawyers and the democratic society it is their function to defend.

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Gender Imbalance in New Zealand's Senior Legal Positions

Victoria University of Wellington Law Review ◽

10.26686/vuwlr.v45i3.4952 ◽

2014 ◽

Vol 45 (3) ◽

pp. 445

Author(s):

Amelia Guy-Meakin

Keyword(s):

New Zealand ◽

Gender Equality ◽

Equal Opportunity ◽

Legal Profession ◽

Past Century ◽

Leadership Roles ◽

Gender Imbalance ◽

Men And Women ◽

The Past ◽

Female Professionals

Despite New Zealand's real progress toward gender equality over the past century, women remain under-represented in the country's senior legal positions. Disparities between men and women are not unique to the legal profession. They are particularly problematic, however, given that the law aims to pursue justice, and equal opportunity should be its paramount concern. This article examines some of the obstacles and constraints women face in attaining leadership roles in the New Zealand legal profession. Preliminary solutions to remedy these obstacles and constraints are proposed, including a necessary recognition that many female professionals offer distinct experiences and have different needs to their male counterparts.

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Seeking ‘A Fair Field’ for Women in the Legal Profession: Pioneering Women Lawyers from Burma of 1924-19351

Britain and the World ◽

10.3366/brw.2020.0356 ◽

2020 ◽

pp. 1-26

Author(s):

Li Chen ◽

Yi Li

Keyword(s):

Gender Equality ◽

Legal Education ◽

Legal Profession ◽

Political Activism ◽

The United Kingdom ◽

Inns Of Court ◽

Professional Success ◽

Bar Examination ◽

Women Lawyers ◽

Racial Hierarchies

The enactment of the Sex Disqualification (Removal) Act in 1919 tore down a significant gender barrier and opened doors of the once exclusively male legal profession in the United Kingdom. This article focuses on its early beneficiaries in Burma, a less studied colony of the Empire in the late 1920s and early 1930s. It traces the first four women barristers from colonial Burma, and their odyssey to gain tradecraft and skills through seeking legal education at the Inns of Court in London. It evaluates their performances at the Bar Examination and explores the challenges they faced as they beat a path into the traditionally male-dominated legal profession. Finally, the paper shows how these pioneering women barristers were able to utilise the fruits of their legal education to further the cause of promoting gender equality upon their return to Burma. However, their professional success also reveals the persistence of gender and racial hierarchies across the Empire despite ongoing legal reformation and political activism, as they were subjected to confrontations and discriminations throughout their career.

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