Law Society study flags gender bias in legal profession

Singapore

TWO candidates have the same qualifications, experience and demeanour. But if one is a woman, and the other is a man, the male candidate is more likely to be hired.

It is a well-worn anecdote heard in many industries, and now, a study by the Law Society points to this pervasive unconscious bias - one that may be preventing female lawyers from being represented at the higher rungs of the industry. What may be also more specific to the legal profession is a culture of bullying that has yet to be addressed as pointedly compared with that in other industries with high-powered individuals.

The gender bias, as "confessed" by recruitment and managing partners as well as senior male lawyers participating in discussions, comes from assumed fears that female hires will be less effective in time, given more familial commitments than their male counterparts. There is also the perception that male lawyers are better suited to practice areas such as criminal or maritime law.

Some also revealed that employers were more likely to hire interviewees who were similar to them because of "a sense of familiarity and mutual approval". This, according to the Women in Practice Committee set up by Law Society to examine this issue, is known as the "mirror effect".

The committee sought views through a survey of 500 female lawyers and a series of roundtable sessions with practitioners of both genders.

In a recent report, it spelt out four key areas requiring "immediate attention" to improve gender diversity in the practice. In addition to the pervasive nature of unconscious bias, these include addressing sexual harassment and bullying, the need for flexible work arrangements, as well as the need for mentorship.

The committee, established by the Law Society in 2018, found that unconscious gender bias is still a stumbling block against hiring, retaining and promoting female practitioners.

Its observations aligned with a survey by the Law Society of England and Wales in 2017/18, which found the presence of unconscious bias in the profession the most commonly cited reason why only a handful of women could attain senior positions.

Participants in the Singapore study shared that some women who have families are not considered for overseas assignments. Some also felt pressure to work harder than male counterparts to prove themselves.

This gender stigma is present even among some clients, who showed reluctance in entrusting female lawyers with complex cases.

Female lawyers The Business Times spoke to said the "unconscious bias" finding resonated with them.

A legal associate, who wanted to remain anonymous, said she once heard male partners in her former firm "verbally bashing up" a female opponent who won a case against them.

"I felt she did good by her client, but the partners were saying very nasty things about her when we got back to the office. Female lawyers could be dismissed for being aggressive if they conduct themselves in a certain way, whereas male lawyers behaving in the same way are regarded as assertive," she said.

Unconscious bias levies an "implicit tax" on female lawyers who want to stay and succeed in the profession, the committee noted.

The report also suggested that the Law Society implement specific measures to address instances of unconscious bias, such as requiring law firms to publish data on their gender equivalence around issues like recruitment, promotions, and pay.

On sexual harassment and bullying, the committee noted that while the number of cases reported to the authorities here appeared small - the Law Society received seven reports of workplace sexual harassment through its helpline between 2017 and 2020 - this should be viewed against the relatively small size of the profession here and the tendency to under-report.

Indeed, a global survey by the International Bar Association in 2018 found greater under-reporting of such incidents here: 71 per cent of those who experienced bullying and 91 per cent of those who experienced sexual harassment never reported their abuse in Singapore, whereas the global average was 57 per cent and 75 per cent, respectively.

Writing for the Law Gazette in September, Nicholas Aw, a partner at Clifford Law, said too that traditional lawyering virtues of honour and courtesy are disappearing. "Letters, e-mails, and even phone calls are peppered with painfully discourteous and rude toxic comments that smack of a complete lack of emotional quotient and empathy," he wrote.

The report noted that participants noted challenges in speaking up, for fear of adversely impacting their own careers, or of being labelled as "troublesome".

The committee has recommended that law firms look into establishing clear codes of conduct, anti-harassment and anti-bullying policies, and independent grievance procedures.

Deliberate policies and quotas to encourage gender diversity can help ensure that applicants of all genders get a fair shot at the same role, said lawyer Debby Lim, who is part of the committee. Ms Lim, a director at boutique firm BlackOak, said: "Bias is systemic and cultural and where the barriers to entry are stacked up against women, the only way to level the playing field will be such deliberate policies."

Still, the committee behind the study said most senior male lawyers stressed that their firms hire based on merit, and that promoting diversity on tokenism alone could end up prejudicing male counterparts.

The Law Society's president Gregory Vijayendran said the "accelerated growth" of the Women in Practice committee demonstrates a "growing self-belief" in women lawyers.

"Fundamentally, employers (male and female) must recognise that this is not a gender issue but a talent management one," he told BT.

The Law Society Council said it has accepted the committee's findings as a whole. While some larger firms already have policies in place to raise awareness of issues like unconscious bias, bullying and harassment, the committee will be looking to implement them across the board.