The Full Bench II 2021 - Representation in the Law by UTS Law Students' Society

REPRESENTATION TFB II 2021

e h t in

017

CCESS TO JUSTICE FOR A PEOPLE WITH A DISABILITY

026

Law

QUOTAS: DO THEY UNDERMINE REAL DIVERSITY?

SEXISM 031 CASUAL WITHIN THE LAW

THE FULL BENCH IF PUBLISHED BI-ANNUALLY IN SYDNEY BY: UTS Law Students’ Society 61 Broadway, Ultimo NSW 2007 UTS Central, Level 14, Room 104 www.utslss.com UTS Law Students’ Society © This publication is copyright. Except where permitted under the Copyright Act, no part of this publication may form or by any means (electronic or otherwise) be reproduced, stored in a retrieval system or transmitted by any process without specific written consent of the UTS Law Students’ Society. Enquiries are to be addressed to the publishers. ACKNOWLEDGEMENT OF PEOPLE & COUNTRY The Full Bench and UTS acknowledge the Gadigal and Guringgai people of the Eora Nation upon whose ancestral lands our university now stands. We would also like to pay respect to the Elders both past and present, acknowledging them as the traditional custodians of knowledge for these places. IMAGES & ILLUSTRATIONS Unless provided by the designers or commissioned specifically for the purpose of this publication, uncredited photographs have been sourced from royalty-free distributors, licensed under Creative Commons Zero. DISCLAIMER All expressions of opinion published in The Full Bench are not the official opinion of the UTS Law Students’ Society unless expressly stated. The UTS Law Students’ Society accepts no responsibility for the accuracy of any opinions or information contained herein and readers should rely on their own enquiries to make decisions in their own interest. WANT TO CONTRIBUTE TO THE NEXT EDITION? Email: edu.publications@utslss.com

AUTHORS ACKNOWLEDGEMENTS

EDUCATION (PUBLICATIONS) DIRECTOR

DESIGNER

Tayla Curry

Tahlia Kho

AUTHORS

Kurt Cheng Michelle Chidiac Ashley Sullivan Georgia Neaverson

Joanna Oud Lily Parchizadeh Tiana De Silva

EDITOR-IN-CHIEF

EDITORIAL TEAM

Tayla Curry

Michelle Chidiac Ashley Sullivan Molly Hudson Georgia Neaverson Lily Parchizadeh

PRESIDENT

VICE-PRESIDENT

Vicky Kuo

Justin Cordi

DIRECTORY

005

WELCOMES

Editor-in-Chief President Vice-President Editorial Team

UNEQUAL PLAYING FIELDS

by Kurt Cheng

REPRESENTATION OF RELIGIOUS GROUPS WITHIN THE LEGAL INDUSTRY

by Michelle Chidiac

009 013

CCESS TO JUSTICE FOR A PEOPLE WITH A DISABILITY

by Ashley Sullivan

017

SMALL CRACKS BUT THE GLASS CEILING HOLDS STRONG

by Georgia Neaverson

THE BENEFITS OF DIVERSITY IN COMMERCIAL LAW

by Joanna Oud

Q UOTAS: DO THEY UNDERMINE REAL DIVERSITY?

by Lily Parchizadeh

CASUAL SEXISM WITHIN THE LAW

by Tiana De Silva

020 023 026 031

e m o c l e w EDITOR-IN-CHIEF

Hello readers, Welcome to the second edition of The Full Bench for 2021. This edition addresses a very important and topical issue within the legal industry: Representation in the Law. As future lawyers, we need to ensure that the system we represent supports diversity and inclusion. That all voices are heard and represented. We examine some of the most pressing issues in the legal industry throughout the following articles, asking: • •

Is the legal industry really representative of society? What more can we do to ensure that diversity and inclusion are prioritised?

It is important that we evaluate and recognise our contribution to the law and the legal system throughout our careers, and make a conscious effort to ensure we represent all individuals equally. I challenge you to consider and reflect on the sentiments you read today, as you contribute to the shaping of the future of the law and the legal profession in your careers. I would like to thank all the contributors and my Education (Publications) Subcommittee for dedicating their time and expertise to this project. Further, I would like to thank the designer Tahlia Kho for creating this message into something that could be read and shared with you all. Finally, I would like to thank the UTS Law Student Society’s President and Vice-President of Education, Vicky Kuo and Justin Cordi, who have provided me with the support to bring you an important publication. Tayla Curry

005

PRESIDENT

Welcome to the second volume of The Full Bench in 2021, brought to you by the Education portfolio of the UTS LSS. As a woman of colour, the theme of this publication really resonates with me and I’m thrilled that we were able to bring it to life. Within these pages are important stories and ideas as told by our students – the future lawyers in our society. I encourage you to read on, listen and reflect on the importance of the themes discussed in this publication. I know I will be doing the same. This publication would not have been possible without the efforts of an incredibly talented team, who have worked tirelessly throughout the semester to put it together. Congratulations and thank you to Tayla Curry, our Education Publications Director, and Justin Cordi, our Vice-President (Education), for their immense efforts behind-the-scenes. Thank you also to the Education Publication Subcommittee, for their hard work throughout the year, and also to the students who contributed an article. Thank you also to the designer, Tahlia Kho. So much goes into creating a publication of this size and quality but I think it is clear that the final product is very much worth it. I hope you enjoy this edition of The Full Bench. Vicky Kuo

VICE PRESIDENT

It is my pleasure to introduce the second volume of The Full Bench for 2021: Representation in the Law. To ‘represent’ someone is to act or speak on their behalf. To be someone’s ‘representative’ is a great responsibility, one that may impact others beyond our knowledge. As young law students, we know that our field is blessed with a diversity of people. These people are often from different walks of life, each bringing difficult qualities and ideas to the table. Ultimately, it is crucial that all of us are represented, no matter who we are. This volume of The Full Bench explores the extent of representation in the law, challenging important concepts that have tangible ramifications for all of us. It is a thoughtful piece of work, crafted by young law students who know just how important it is to be represented, and to have representatives. I thank Education Publications Director Tayla Curry for her tireless work in bringing this volume together, as well as her Subcommittee and all those contributors whose work you will read. As always, thank you to President Vicky Kuo for supporting our work, and being our representative! Happy reading! 006

Justin Cordi

EDITORIAL TEAM

Spring session is almost over and the second volume of The Full Bench for 2021 is here! The theme is ‘Representation in the Law’, which triggers a flurry of buzzwords like gender, race, sexual orientation, and the like. Representation is an increasingly important topic in today’s legal climate given Australia’s increasingly diverse workplace. Just earlier this year, the Law Society announced that female solicitors outnumber the number of male solicitors practising in Australia, a figure that would seem hard to believe twenty years ago. Such an example highlights the dynamic nature of the legal profession, and just how much progress can be made within the industry in a relatively short period of time. I am proud to have contributed my own article titled ‘Representation of Religious Groups within the Legal Industry.’ The topic seemed daunting at first, and somewhat superfluous since a third of Australians now identify as non-religious. However, I knew it would be insightful to discuss the extent of which legal professionals of faith are currently protected in the workplace, and to discuss the importance of workplace culture in celebrating the religious diversity of its employees. Grab a coffee, relax and enjoy this edition during this well-deserved summer break! Michelle Chidiac

Bachelor of Laws/Bachelor of Communications (Social & Political Sciences)

Representation in the law invites us all to take a critical look at the legal system’s structures of equality and diversity. Whether it be through the lens of race, gender, sexuality or religion, there are always opportunities for the legal industry to improve upon its approaches to justice. Examining the power of the law to uphold principles of equity, my article explores the failures of the legal system to effectively provide access to justice for people with disabilities. Flowing from the ill-educated representations of people with disabilities as passive victims or deviant perpetrators, I aim to deconstruct the legal and systemic barriers that serve to marginalise people with disabilities. In acknowledging the duty of the law to recognise and represent all persons as equal citizens, the second volume of The Full Bench for 2021 invites you all to reflect upon the reality of ‘Representation in the Law.’ Ashley Sullivan

Bachelor of Laws/Bachelor of Communications (Journalism)

007

EDITORIAL TEAM CONTINUED

I am a final year student studying a Bachelor of Laws. I am proud of this issue of The Full Bench 2021, as underrepresentation is too rife in the legal industry and needs to be addressed. The legal industry is one of the least diverse professions in Australia. As a woman, I hope to be part of the generation that creates equality in the workforce. Females are not the only group with a lack of representation across the industry. Our profession would greatly benefit from having people of diverse races, religions, cultures and sexuality. I hope this issue inspires its readers to acknowledge how greater diversity of voices increases both productivity and innovation. Molly Hudson

Bachelor of Laws

“Representation in the law” encompasses a wide variety of people and issues. From ethnicity, to gender, to sexual orientation, many groups face inequalities associated with their status as a “minority”. Although the legal industry has historically not been the face of diversity, there is no excuse to allow practices which promote discrimination to go unchecked. My article considers an old adage, which unfortunately continues to ring true today: the glass ceiling. The glass ceiling describes the invisible barriers that many women face in career advancement, which include the pressure to balance personal and professional commitments, and the effects of the industry’s gendered culture. My article also acknowledges some of the prominent female figures who have paved the way for advancement, from Australia’s first female law graduate to the first female Chief Justice of the High Court. Although these achievements cannot be understated, the statistics of the general legal industry show that, for the majority, many glass ceilings are yet to be shattered. Welcome to the second issue of The Full Bench 2021. I sincerely hope you enjoy the read! Georgia Neaverson

008

Bachelor of Business/Bachelor of Laws

This edition of The Full Bench explores ‘Representation in the Law’. Whilst diversity expands the pool of expertise in any professional setting, it is particularly significant in the legal industry, due to the role lawyers and judges play in representing the community. A diverse legal industry gives credibility to the view of a fair and equitable legal system. Over the last few years there has been much discussion on implementing quota systems to increase diversity in the legal industry, however quota systems can undercut real diversity. My article examines the quota system and touches on its limitations, including the history of quota systems disregarding diverse voices, failing to address intersectionality, and ineffectiveness in addressing underlying conditions that have led to inequality. So please read on and enjoy this issue of The Full Bench! Lily Parchizadeh

Juris Doctor

009

by Kurt Cheng

‘ Equitable access to higher education, an agent for social change’

UNEQUAL PLAYING FIELDS

estern society is built on the principle that all individuals are equal before the law. This premise assumes that people from all walks of life, all experiences, and all histories are treated the same under the rule of law. Despite these espoused principles, due to a profound lack of diversity amongst senior practitioners across the industry, a crisis of representation currently exists within the legal profession. Representation offers a unique opportunity to promote social change through enabling a greater inclusion of people from low socioeconomic and culturally and linguistically diverse backgrounds. As gatekeepers of the legal profession, universities have a unique opportunity to address this crisis of representation. By promoting an equitable access to higher education, and by extension the legal discipline, universities have the capacity to promote cultural change within the profession. As public institutions, universities have a moral obligation to promote alternate pathways to admission to remove the structural barriers that those from diverse backgrounds often experience when attempting to access higher education. By facilitating an inclusive and equitable educational environment, law students will become agents of social change that in turn, fosters a profession that is truly representative of society at large. It is through this representation that the legal system’s legitimacy as the protector of equality will be solidified.

' By facilitating an inclusive and equitable educational environment, law students will become agents of social change'

THE PROBLEM

INTERGENERATIONAL DISADVANTAGE CREATES A CYCLE OF EXCLUSION

Intergenerational disadvantage by way of socioeconomic and sociocultural status are significant factors contributing to cycles of exclusion from the legal profession. Whether being a child from a migrant background, or from financial precarity, aspiring to attend university is a challenge and privilege in itself for many people. There must be a way to redress this and bridge the gap between disadvantage and cycles of exclusion. Intervention is required to counter the cyclical disadvantage experienced by young adults, such as those from non-English speaking or low socio-economic backgrounds, and Indigenous communities. As vehicles of education, universities have the ability to create more opportunities to improve an individual's capacity and future living standards than those received by previous generations. Recognising that disadvantage may be lifelong, defined at birth, and perhaps intergenerational, traditional assessment of the HSC as the primary pathway to admission is no longer the key indicator of academic capability. We must recognise that disadvantage fosters a cycle of exclusion and more must be done to enrich diversity in the profession and the communities it serves. However, strides have been made with Hament Dhanji SC becoming the first person of colour appointed to the Supreme Court in September 2021. But as public institutions and gatekeepers to the profession, universities must lead the way in shattering the cycle of intergenerational disadvantage to aid the prosperity of future generations. 011

THE SOLUTION

EDUCATION: ACCESS AND OPPORTUNITY

Equal access to education and opportunity is a powerful tool to redress intergenerational disadvantage and promote diversity in the legal profession. We know education is an equaliser, with a 91.7% success rate by students who enter via an equity pathway at UTS. Research has shown that university completion offers opportunity and increases the likelihood of social mobility. It has also shown that graduates from low socioeconomic backgrounds experience similar or even better labour market outcomes, compared to those from privileged backgrounds. This is why equity pathways, such as the U@Uni Academy at UTS, are enabling inclusion when it comes to admissions by assessing students holistically. U@Uni Academy targets students from Year 10 in low socioeconomic areas and disadvantaged schools, providing students the opportunity to undertake short courses with UTS over three years. Once course requirements are met, the student is offered an unconditional place in a degree of their choosing without an ATAR requirement. It is through the opportunity to access university education that individuals from disadvantaged backgrounds are equipped with the powerful tools to become future leaders of the legal profession.

' As future leaders, now is the time to ensure that those who come after us enter a profession that is diverse and reflective of modern Australia.'

THE OUTCOME

STUDENTS AS AGENTS OF SOCIAL CHANGE

Modern society is inherently diverse and as law students, and future leaders, we have an obligation to ensure we represent the communities we serve. Students are powerful agents, as young, curious and energetic thinkers in universities, driving social change and meaningful community impact. As future leaders, now is the time to ensure that those who come after us enter a profession that is diverse and reflective of modern Australia. For universities, as public purpose institutions and gatekeepers to the legal profession, their role is to contribute to the public good of society and to do this, access to education is imperative. Together, as students and future leaders, we must work to enrich a culture that promotes diversity of thought through equal opportunity of access, so we can strengthen and foster a profession that is truly representative of society at large.

CONCLUSION

Representation in the law is crucial in order to reflect the communities it sets out to serve. Through enabling greater inclusion of people from low socioeconomic and culturally and linguistically diverse backgrounds, this can be achieved. In doing this, universities, as drivers of education, have a unique role to remove structural barriers by way of equity pathways to allow young people to realise their potential. Promoting equal access to education, irrespective of socioeconomic or cultural background is imperative if the law students of today are to become agents of social change that is to truly represent the diverse and inclusive society we ought to be. 012

REPRESENTATION OF

Religious Groups in the Legal Industry by Michelle Chidiac

"Religion is now the biggest butt of jokes in the office. It's replaced gender and race."

014

iversity' seems to be a buzzword in the legal profession today, with many law firms increasing their efforts to acknowledge the increasingly diverse backgrounds of their employees. As stated by the Diversity and Inclusion Committee of the New South Wales Law Society, equality of opportunity should exist for all those in the legal profession regardless of ‘race, ethnicity, heritage, gender, age, religion, disability, sexual orientation, gender identity or intersex status.’¹ Given that non-religion is at its highest prevalence in Australia’s history and religious adherence is on the decline, it is understandable that it is not discussed as widely within the legal field as the other aspects forming one’s identity. However, it is imperative that individuals of faith within the legal profession feel similarly represented in the workplace. The topic of religious freedom in Australia is often polarising. Some believe the current law goes too far in protecting religious expression and others assert that it does not go far enough. Australia is a secular nation, but the right to freely practice one’s religion is embedded in our laws and goes to the heart of our nation’s ethos. The diversity within Australia’s religious landscape is selfevident; despite one-third of Australians identifying as non-religious, 61 percent of the Australian population remain affiliated with a religion or a spiritual belief.² Christianity remains the dominant religion at 86 percent of all religious Australians, followed by Islam (600,000 people), Buddhism (560,000), Hinduism (440,000), Sikhism (130,000) and Judaism (90,000).³ Sikhism and Hinduism are the fastest-growing religions in Australia since 2011, with a 74 percent and 60 percent increase, respectively.⁴ Religion is acknowledged in most legal firms and organisations. For example, the acknowledgment of days of religious significance. However, there is arguably a greater need for religious inclusion, especially in the workplace. Human Rights Commissioner Edward Santow articulates this notion, arguing for firms and organisations ‘moving beyond just complying with the law to actively accommodating people of different beliefs.’⁵ Similarly, Fair Work promotes cultures of inclusion and embracing celebrations of religious holidays, which benefit the whole workplace and can lead to ‘greater job satisfaction, increased workplace morale and culture, as well as increased productivity.'⁶ The Diversity Council of Australia has stated that employees whose religion is embraced in the workplace are more engaged and creative in their profession.⁷

1. The Law Society of New South Wales, Diversity and Inclusion Committee, Diversity, (Web Page) <https://www.lawsociety.com.au/advocacy-and-resources/advancement-of-women/diversity>.

2. 2016 census 3. Australian Bureau of Statistics, ‘Census reveals Australia’s religious diversity on World Religion Day’ (Media Release, 18 January 2018).

4. Ibid. 5. Edward Santow, Religious inclusion why it’s important and how to get it, (Online

Blog, 10 September 2019) < https://www.dca.org.au/blog/religious-inclusion-why-itsimportant-and-how-get-it>.

6. Fair Work Ombudsman, Cultural and religious holidays (Webpage) <https://www.fairwork. gov.au/leave/public-holidays/cultural-religious-holidays>.

7. Santow (n 5).

015

The Diversity and Inclusion Committee of the New South Wales Law Society outlines some of the ways that legal organisations can seek to include religious persons. The Committee recommends that legal firms celebrate the existing diversity within a firm or organisation by celebrating religious dates and, where appropriate, allowing staff to receive time off to celebrate cultural and religious events.⁸ The Committee also recommends a survey of diversity and inclusion be conducted within a firm to determine which initiatives are most relevant to its staff, for instance, which dates are of religious significance to them. This recommendation is especially significant given that Australia’s Gregorian calendar is of Christian origins, therefore its public holidays only acknowledge days of importance in the Christian faith. As such, if a firm has a high number of employees of the Islamic faith, for example, Eid should be celebrated, and special leave should be allowed to honour their beliefs. Further, legal organisations may enact religious leave entitlements to accommodate the variety of religious beliefs within the workplace and establish quiet rooms for prayer and flexible work arrangements to allow for religious obligations, such as morning prayer. Regarding Australia’s legislative framework, section 351 of the Fair Work Act protects Australian employees from being discriminated against within the workplace on religious grounds.⁹ However, the Anti-Discrimination Act does not currently protect against religious discrimination as it does against discrimination against race, age, sex and sexual orientation.¹⁰ The lack of legal protection in this field leaves the door open for casual discrimination against religious persons. The ABC’s Religion and Ethics Report exemplifies this ongoing trend within the workplace, shedding light on the microaggressions toward individuals about an element intrinsic to many of their identities, their religious faith. The report said ‘religion is now the biggest butt of jokes in the office. It’s replaced gender and race.'¹¹ Furthermore, the ABC sheds light on the importance of ‘religious literacy’ within the workplace, given Australia’s proud embracement of cultural diversity and the greater adherence to religion amongst immigrants.¹² In summary, leaders of the legal profession need to increase efforts in celebrating religious adherence within the workplace amongst its unique workers. Further, more needs to be done to protect religious persons from a legal standpoint. New South Wales should join most other states and territories in providing faith-based protections. Namely, the Anti-Discrimination Act needs amending to explicitly make religious discrimination unlawful as suggested by the Joint Select Committee.¹³ The sooner that legal professionals can bring their whole selves to work, the closer we get to experiencing the truly diverse nature of the legal profession. 8. The Law Society of New South Wales, ‘Diversity and Inclusion in the Legal Profession:

The Business Case’, Promoting diversity and inclusion in the legal profession, (Report) p 8 <https://www.lawsociety.com.au/sites/default/files/201806/LS1856_Policy_DIC_BusinessCase_2018_v2_final.pdf>.

9. Fair Work Act 2009 (Cth) s 351. 10. Anti-Discrimination Act 1977 (NSW). 11. Andrew West, ‘Religion is the new frontier in workplace discrimination’, ABC Radio National, (online, 14 July 2017) < https://www.abc.net.au/news/2017-07-15/religion-is-the-new-frontier-in-workplace-discrimination/8708716>.

12. Ibid. 13. Joint Select Committee on the Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020, Inquiry into the Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020, (Report 1/57, 5 March 2021) p 5.

016

'Equality before the law' is a presumed entitlement for every individual, yet the systematic exclusion of people with a disability exempts them from this right. The legal system repeatedly falls short of its duty to provide equal access to justice for people with a disability. Through limited legislative protection, inadequate professional training, minimal specialist support services and a stigmatised understanding of disability, equal representation for people with a disability is a long way ahead.

017

eemed undeserving of full citizenship, the active participation and recognition of people with a disability in the legal system is a critically absent component to accessing justice. Constituted as 'the most socially excluded of all disadvantaged groups', due to systemic barriers and cumulative disadvantage, their entrenched discrimination, stigmatisation, and exclusion across all sectors of society is no more manifestly salient as in the legal system.¹ The devaluation of people with a disability is evident through their overrepresentation in the criminal justice system as both perpetrators and victims of crime, which produces a dichotomous perception as either malicious or meek.² Human Rights Watch observes that 'people with disabilities, particularly a cognitive or psychosocial disability, are overrepresented in the criminal justice system in Australia — comprising around 18 percent of the country's population, but almost 50 percent of people entering prison.' ³ Moreover, the systematic criminalisation of people with a disability is exacerbated for Indigenous Australians, who simultaneously experience higher incarceration rates and mental and cognitive disabilities than non-Indigenous Australians.⁴ Disproportionately disadvantaged by an extensive history of mistreatment and subjugation by the legal system, Indigenous Australians with a disability and care needs that are not sufficiently met are increasingly vulnerable to being trapped in a cycle of reoffending and regular police contact.

of its duty to provide equal access to justice for people with a DISABILITY.

Indigenous Australians with a disability and unmet care needs are increasingly vulnerable to being trapped in a cycle of reoffending and regular police contact.

people with A DISABILITY, particularly a cognitive or psychosocial disability, are overrepresented in the criminal justice system in Australia

comprising around eighteen percent of the country's population, but almost fifty percent of people entering prison.

18%

50%

Christine Coumarelos et al, ‘Legal Australia-Wide Survey Legal Need in Australia’ (2012) 8 Law and Justice Foundation of New South Wales 19.

Ryan Thorneycroft and Nicole L Asquith, ‘Cripping criminology’ (2019) 25(2) Theoretical Criminology 188.

Human Rights Watch, ‘I needed help, instead I was punished’: Abuse and neglect of prisoners with disabilities in Australia (2018).

Ruth McCausland and Eileen Baldry, ‘‘I feel like I failed him by ringing the police’: Criminalising disability in Australia’ (2017) 19(3) Punishment & Society 294.

Convention of the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2008).

Ibid Arcticle 12(1). 6.018

Looking at how the criminal justice system disempowers and discriminates against people with a disability, it is essential to consider what legal safeguards are in place for protection. Recognised as one of the most inclusive and comprehensive human rights instruments, the United Nations Convention on the Rights of Persons with Disabilities (CRPD)⁵ affirms that people with a disability have 'the right to recognition everywhere as persons before the law'⁶ and should 'enjoy legal capacity on an equal basis with others.'⁷ Ratified by Australia in 2008, the promotion of the CRPD appears as the perfect solution to ensure equal access to justice for people with a disability by focusing on procedural and age-appropriate accommodations. So, why are there still problems? A key barrier preventing this access to justice is the lack of specialised support programs and assistance required for full participation in the criminal justice process. With limited or even non-existent aid to access protections, compounded by an under-resourced legal assistance sector, many people with a disability cannot receive the support they need to navigate complex legal information and procedures.⁸ Disability advocates are a critical support service for people with a disability, however, there is a shortage of this support. These advocates underpin access to justice by educating people with a disability about police and court procedures, helping them to instruct their lawyers and providing emotional support.⁹ They can also enable a solicitor to be aware of a client’s mental or cognitive disability, and appropriately adapt their communication style.¹⁰

CRPD Alongside much-needed improvements in disability training and support services, achieving structural and intersectional change for people with a disability requires rewiring our understanding of disability. The CRPD presents the disadvantages impacting people with a disability as a product of social and environmental factors that create barriers for full participation in multiple areas of life.¹¹ While the definition of disability is not a one-size-fits-all approach, the systemic stigmatisation of people with a disability as deficient is an assumption held by many social and political initiations. There is a glaring contradiction in the belief that people with a disability are incapable of having autonomous legal capacity alongside the striking lack of legal support services and resources to guide informed decision-making. It's no coincidence that people with a disability have the highest rates of unmet legal needs, and yet are the most overrepresented category in the criminal justice system. While people with a disability are often prejudged as being prone to violence and aggression, there is no inherent link between disability and criminality.¹² Yet, the stereotype only serves to perpetuate people with a disability as requiring legal control and deserving of having their personhood relinquished. More than anything, the pursuit for equal representation of people with a disability before the law requires the strengthening of support systems. Breaking the cycle of criminalisation looks like increasing community resources for early diagnosis, intervention and care of disability needs. Empowering inclusion looks like addressing practices of inequality and holding problematic structures and systems accountable for enforcing discrimination. A just representation looks like acknowledging people with a disability as equal citizens and accommodating their access to justice through the use of appropriate legal services.

HAVE 'THE RIGHT TO RECOGNITION EVERYWHERE AS PERSONS BEFORE THE LAW' AND SHOULD 'ENJOY LEGAL CAPACITY ON AN EQUAL BASIS WITH OTHERS.'

So, why are there still problems?

FOR PEOPLE WITH DISABILITIES REQUIRES REWIRING OUR UNDERSTANDING OF DISABILITY

...the systemic stigmatisation of people with disabilities as deficient is an assumption held by many social and political initiations.

7. 8.

Ibid (2).

9. 10.

Ibid 51.

11.

Convention of the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2008) Preamble (e).

12.

Ruth McCausland and Eileen Baldry, ‘‘I feel like I failed him by ringing the police’: Criminalising disability in Australia’ (2017) 19(3) Punishmnent & Society 293.

Law Council of Australia, The Justice Project: People with Disability, Final Report No 1 (2018) 27. Ruth McCausland and Eileen Baldry, ‘‘I feel like I failed him by ringing the police’: Criminalising disability in Australia’ (2017) 19(3) Punishmnent & Society 294.

019

by Georgia Neaverson Despite having practised for over a hundred years, female lawyers continue to face barriers to career advancement

Justine Anderson and Hanaan Indari, ‘Ada Evans – Female legal pioneer – 100 years on,’ Mondaq (online, 13 May 2021) https://www.mondaq.com/australia/recruiting/1068360/ada-evans-femalelegal-pioneer--100-years-on.

Ibid.

Hollie Kerwin and Kim Rubenstein, ‘Picturing Women Lawyers in Leadership,’ The Encyclopedia of Women & Leadership in Twentieth-Century Australia (Web Page) http://www.womenaustralia.info/ leaders/biogs/WLE0624b.htm.

The Honourable Justice Mary Gaudron, ‘Australian Women Lawyers’ (Speech, High Court of Australia, 19 September 1997).

First Hundred Years, ‘Celebrating the Past to Shape the Future for Women in Law,’ First Hundred Years (Web Page) https://first100years.com.au.

020

The story of women in the Australian legal profession begins in 1902, with the country’s first female law graduate, Ada Evans. As luck would have it, the only reason Evans was able to study at the University of Sydney’s law school was because the then dean, Professor Pitt Corbett, was absent overseas during her enrolment. On his return, Professor Corbett informed Evans that she ‘did not have the physique for law and would find medicine more suitable.’¹ Despite this, Evans persisted with her studies and, in December 1902, became the first Australian woman to graduate with a Bachelor of Laws degree. However, at the time of her graduation, New South Wales excluded women from practising law. It would take Evans 16 years, lobbying to government after government, before she would be eligible for admission to the legal profession.² In the century since the Women’s Legal Status Act 1918 (NSW) opened the door to female practitioners, several prominent figures have paved the way for advancement. In 1924, barrister Joan Rosanove QC famously clarified the High Court’s question ‘With whom is my learned friend appearing?’ that she was, in fact, ‘Appearing with myself. I am the leader of the female bar.’³ In 1952, a group of 22 female lawyers banded together to establish the Women Lawyers Association of New South Wales.⁴ In 1987, Mary Gaudron QC became the first woman appointed to the High

'Although women have comprised more than half of law school graduates in Australia since 1998, they account for just 25% of law firm partners and 10% of the profession’s top positions.'

Heather Price and Errol Price, ‘Unconscious bias: a persistent challenge for female lawyers,’ Law Society Journal (online, 1 September 2020) https://lsj.com.au/articles/unconscious-bias-a-persistent-challenge-for-female-lawyers/.

WGEA Data Explorer, ‘Comparing Legal Services and Legal Services,’ Workplace Gender Equality Agency (Web Page) https://data.wgea.gov.au/comparison/?id1=115&id2=115.

Justin Huntsdale, ‘How women lawyers face a threat to their career when juggling maternity and family duties,’ ABC (online, 28 April 2017) https://www.abc.net.au/news/2017-04-28/challenges-facing-female-lawyers/8480658.

Michael Pelly, ‘’It’s a waste’: Law firms plagued by ‘presenteeism’ culture and graduate ‘sweatshops’,’ Australian Financial Review (online 22 February 2019) https://www.afr.com/companies/professional-services/its-a-waste-law-firms-plagued-by-presenteeism-graduate-sweatshops-20190220h1biq3.

Court of Australia, and in 2013 Sue Kench became the first female managing partner of one of the country’s ‘big six’ law firms. Finally, in 2017, Susan Kiefel AC became the first female Chief Justice of the High Court of Australia.⁵ However, despite these achievements, the legal profession’s statistics paint a grim picture for the majority of female practitioners. Although women have comprised more than half of law school graduates in Australia since 1998, they acc-ount for just 25% of law firm partners and 10% of the profession’s top positions.⁶ The lack of women in senior roles contributes to the legal industry’s 23.8% gender pay gap – a gap more than 10% higher than the national average.⁷ Various issues bar women from career advancement, such as the pressure to balance personal and professional commitments and the effects of the industry’s unconscious biases and gendered culture. One of the most common challenges female lawyers face is balancing career progression with family commitments. Difficulties in re-entering the profession after starting a family often prevent women from climbing the legal ladder. ‘Women, to some degree, put their careers on hold and often it is seen by the company that they’re not serious about their career,’ said former Law Society president of the district of Wollongong, Melissa Griffiths.⁸ Prior to COVID-19, the legal 021

" Flexible working helps to keep more women in the legal industry, but more needs to be done at a wider level to challenge bias in order to help women progress in their careers."

10.

11.

12.

Lawyer Monthly, ‘How flexible working and technology are empowering women in law,’ Lawyer Monthly (online, 4 June 2019) https://www.lawyer-monthly.com/2019/06/how-flexible-working-and-technology-are-empowering-women-in-law/.

13.

Ibid.

022

industry’s ‘culture of presenteeism’⁹ – its heightened focus on time spent in the office – was often not conducive to female practitioners who also take on a traditional, domestic role within their family. Like many white-collar professions, the legal industry is not immune from unconscious and systemic biases that disadvantage certain groups, including women. As socio-legal and feminist scholar Margaret Thornton explains, culturally, women are typically granted authority when they meet the standard of ‘the benchmark male’ who is ‘invariably white, heterosexual, ablebodied, politically conservative and middle class.’¹⁰ Although anti-discrimination laws prohibit blatant favouritism for one gender over another, these biases often surface as stereotypes, such as that male lawyers are more ambitious, assertive, or competent. While painting male practitioners as favourable candidates for promotion, these stereotypes are often detrimental to their female counterparts.¹¹ However, the advent of flexible and remote work, which will likely not be eliminated post-pandemic, is a potential turning point for gender equality in the legal profession. Normalising work-from-home arrangements and adjusting expectations surrounding availability gives women more control over their work-life balance while simultaneously accommodating firm and client expectations.¹² Continuing these practises post-COVID may help retain women in the legal profession, which, in turn, will encourage stronger representation of female practitioners in senior roles. That said, it will not be as simple as relying on flexible working options alone. ‘Flexible working helps to keep more women in the legal industry, but more needs to be done at a wider level to challenge bias in order to help women progress in their careers,’ said employment lawyer Michelle Last.¹³ From Ada Evans to Susan Kiefel, the legal profession has undoubtedly come a long way over the past century. That said, with barriers to advancement continuing to prevail, there remain many more glass ceilings yet to be shattered.

by Joanna Oud 023

W W

e often hear of the importance of diversity and inclusion within the workplace. But what benefits does diversity really bring to the workplace? As I have been applying for Summer Clerkships, I have discovered that commercial law firms are at the forefront of this conversation. I have seen the importance of not merely stating that diversity is a central goal of a firm but seeing that firm actually take action to implement diversity that ensures the commercial law space is not neutral. The benefits that flow from this embrace of diversity are multifaceted. This article will seek to outline the three key benefits of embracing diversity within the legal profession, specifically: benefits to a firm’s staff, benefits to a firm’s clients and the benefits to the wider community.

benefit to benfito the team theam

Diversity is the vehicle for change in the workplace and commercial law firms have their foot on the peddle. The benefits of diversity extend beyond formal equality and 50/50 male, female ratios within a workplace. Commercial law firms are adopting policies which restructure the traditional framework of employment to include individuals from diverse backgrounds and provide these individuals with equal scope to grow within the legal sphere. By recruiting diverse individuals, firms work toward stamping out indirect and direct discrimination and unconscious bias, but they also encourage the production of innovative solutions, which results in increased client satisfaction. By not being silent on issues central to social debates, firms have become activists for encouraging social and cultural awareness. For example, global commercial law firm Baker McKenzie affirmed their #WeAreNotNeutral campaign in 2020 to build inclusion and equity inside and outside the firm. By having this dual focus, the firm is not only dedicated to the internal policy but committing their staff to important community projects such as pro bono work.

' THE COMPLEXITY OF ' COMMERCIAL THE COMPLEXITY OF ISSUES

COMMERCIAL ISSUES REQUIRES AN INTERREQUIRES INTERSECTION OFAN DIVERSE SECTION OF DIVERSE PERSPECTIVES' PERSPECTIVES'

024 024

benefit benfito to the theCLIENTS CLIENTS

The benefit of diversity provides an unmatched competitive edge within the legal profession. The nature of commercial work is becoming increasingly global, with cross-jurisdictional transactions becoming the ‘new norm’ for a significant number of firms. Commercial lawyers are required to confer with lawyers in various jurisdictions, understand the nuances of different jurisdiction’s legal regimes and communicate their findings into their advice and inform the client. To achieve such a task, knowledge of these foreign markets and communities is essential to effectively extend a firm’s reach. The complexity of commercial issues requires an intersection of diverse perspectives to achieve a holistically satisfactory result for clients.

' THE PILLARS WHICH HOLD ' UP THETHE PILLARS HOLD LEGALWHICH SYSTEM ARE

UP THE LEGAL ARE EQUALITY ANDSYSTEM FAIRNESS.' EQUALITY AND FAIRNESS.'

BENEFIT benfito TO THE theWIDER WIDER COMMUNITY COMUNITY

By breaking down the barriers of discrimination, a battalion of diverse members of the community are charging into the legal world. And commercial law firms are welcoming them with open arms. Evidently, firms have understood the benefits of diverse teams as they encourage involvement in their firms from individuals of different backgrounds. An organisation that I am a proud member of is Diverse Women in Law (DWL). This organisation supports those who identify as women and who also self-identify as being from underrepresented backgrounds, such as culturally and linguistically diverse persons, and people who are or have experienced socioeconomic disadvantage. I raise this organisation within this article as I have noted the increasing level of support from commercial law firms, through DWL’s events and their guest speakers from top-tier firms such as Allens Linklaters, Herbert Smith Freehills and Norton Rose Fulbright. The willingness of these professionals to share their own stories, adversities, lessons and ultimately, successes has sparked a process of mentorship between these legal professionals and law students who foster an inclusionary approach to the legal profession. By engaging in activities with organisations such as DWL, commercial law firms are sending the message to diverse students that they accept them for who they are.

CONCLUSION CONLUSI

Evidently, diversity is an invaluable asset in the commercial law space, as seen within the highlighted benefits. However, something that struck me throughout my Summer Clerkship journey was the uprightness of legal professionals professing that there is still a long way to go concerning diversity and inclusion. The pillars which hold up the legal system are equality and fairness. It is encouraging to see these values being built upon by commercial law firms alongside the acknowledgement that there is still plenty of more work to do.

025 025

T A O U S : Q DO THEY UNDERMINE

REAL DIVERSITY? by Lily Parchizadeh Quotas are an equal opportunity measure designed to address the slow pace of change for the participation of women and minority groups in areas of society where they have been historically under-represented. Quotas generally involve setting a certain number or percentage of places to be filled by underrepresented groups.¹ The issue of whether implementing quotas will increase real diversity has been a subject of debate for years. Advocates of the quota system believe that quotas increase diversity and better represent the wider Australian community. This piece will address several issues with the quota system including confusing the diversity of faces with diversity of voices, its inability to incorporate intersectionality and its failure to address underlying conditions of discrimination.

Diverse faces are not the same as diverse voices

' The issue with this approach is that whilst this ensures diversity of faces, it overlooks the need for diversity in thinking and voices.'

Intersectionality

Studies show that quotas tend to result in organisations appointing diverse people from within their own networks.² The issue with this approach is that, whilst this ensures diversity of faces, it overlooks the need for diversity in thoughts and voices. For example, instead of enlarging the pool of female candidates, the 40 percent quotas put in place in Norway led to a surge in a group of female directors, also known as the “golden skirts,” sitting on multiple boards.³ This is an example of how quotas can heap more privilege on already fortunate individuals and create the illusion of diversity, despite doing the opposite. Unfortunately, instead of empowering minority groups, many organisations continue to exclude these groups from joining the conversation, bringing in new perspectives and shifting the system to a more inclusive one. Some of these organisations only commit to diversifying their staff at a surface level and only show interest in hearing views they already hold.⁴

In her own words, law professor and social theorist Kimberlé Crenshaw, describes intersectionality as follows: “ Intersectionality is a lens, a prism, for seeing how various forms of inequality often operate together and exacerbate each other. We tend to talk about race inequality as separate from inequality based on gender, class, sexuality, or immigrant status. What is often missing is how some people are subject to all of these, and the experience is not just the sum of its parts.”⁵

Joy McCann, ‘Electoral quotas for women: an international overview’ (Research Paper, Parliamentary Library, Parliament of Australia, 14 November 2013).

Akshaya Kamalnath, ‘Diversity quotas will only lead to token appointments, doing more harm than good’, The Conversation (online, 26 February 2020) < https://theconversation. com/diversity-quotas-will-only-lead-to-token-appointments-doing-more-harm-thangood-132244>.

Kate Stary, ‘Gender diversity quotas on Australian boards: Is it in the best interests of the company?’ (Research Paper, Centre for Corporate Law, The University of Melbourne, 2015) 22 <https://law.unimelb.edu.au/__data/assets/pdf_file/0004/1709500/2-KateStary-CorporateGovernanceandDirectorsDutiesPaper2.pdf>.

Yomi Adegoke, ‘Quotas alone can’t fix diversity – it’s time to go further’, The Guardian (online, 12 March 2020) <https://www.theguardian.com/lifeandstyle/2020/mar/11/quotasalone-cant-fix-diversity-its-time-to-go-further>.

Katy Steinmetz, ‘She coined the term ‘intersectionality’ over 30 years ago. Here’s what it means to her today’, TIME (online, 20 February 2020) <https://time.com/5786710/kimberle-crenshaw-intersectionality/>.

Elizabeth Byrne, ‘Jacqueline Gleeson, daughter of Australia's former chief justice, sworn in as 55th High Court judge’, ABC News (online, 1 March 2021) <https://www.abc.net.au/ news/2021-03-01/jacqueline-gleeson-sworn-in-as-high-court-justice/13201208>.

One of the downsides of quotas is that they overlook intersectionality. For instance, some may think that the High Court of Australia, with three female justices including Chief Justice Kiefel, and four male justices, is a picture-perfect representation of our society. However, there is little diversity among the justices regarding age, race, ethnicity, and class. In fact, the most recently appointed Justice of the High Court, Jacqueline Gleeson, is the eldest child of former Chief Justice of Australia, Murray Gleeson. Although there is no doubt that Justice Gleeson is as capable as any other Justice on the High Court, the reality is that there are many other people who are just as capable but who may not have the same networks of association and support frameworks.⁶

027

'...being a woman does not mean one represents the average woman’s experience.'

Failure in addressing underlying conditions

Australian Associated Press, ‘Gillard defends welfare cuts to mums’, SBS News (online, 1 October 2013) <https://www.sbs.com.au/news/gillard-defends-welfare-cuts-to-mums>.

‘Median wage in Australia 2012’, ABC Diamond Australia (Web Page, 23 June 2013) <https://www.abcdiamond.com.au/median-wage-in-australia-2012/>.

Michael Pelly, ‘It’s official, women take over the legal profession’, Australian Financial Review (online, 14 July 2021) <https://www.afr.com/companies/professional-services/it-sofficial-women-take-over-the-legal-profession-20210712-p588wn>.

10.

Hannah Wootton, ‘Female law partners break through 30pc barrier’, Australian Financial Review (online, 10 December 2020) <https://www.afr.com/companies/professional-services/women-partners-break-through-30pc-barrier-20201130-p56j7u>.

11.

2020 National profile of solicitors (Final Report, July 2021) 20-21

12.

Ibid.

13.

Women Lawyers Association of New South Wales, 2019 Law Firm Comparison Project (Report, 2019) 16.

028

The importance of intersectionality is that a member of a minority group will not necessarily represent the interests of all members from that group. For instance, on the same day that Julia Gillard, Australia’s first female prime minister, delivered her famous and inspiring “Misogyny Speech,” Gillard’s government passed welfare reforms that moved single parents off the parenting payment and onto Newstart (now called JobSeeker Payment). This reduced people's payments by $60 to $100 a week, disproportionately affecting single mothers.⁷ At the time, Gillard's remuneration was $481,000, far from Australia’s median full-time salary for women sitting at $60,000.⁸ This example demonstrates why being a woman is not representative of all women’s experiences.

Today 53 percent of solicitors in Australia are female and every state and territory is reporting more female lawyers than male.⁹ Despite this progress, the total number of female partners at Australia’s top law firms is at 30 percent.¹⁰ This may be due to female solicitors having practised for a shorter time than their male counterparts. The 2020 National Profile of Solicitors report highlights that male solicitors practicing for 15 years or more make up 49 percent of the total number of male solicitors whilst female solicitors practicing for 15 years or more make up 31 percent of the total number of female solicitors.¹² Over time the number of female partners may increase due to a surge in the number of female solicitors working 15 years or more. However, there are structural issues which may limit career advancement of female solicitors and solicitors from minority groups becoming partners of a firm, including: gender stereotypes about child bearing; the lack of flexible work arrangements; the gender pay gap; and exorbitant childcare prices. The 2019 Law Firm Comparison Project by Women Lawyers Association of New South Wales (WLANSW) found that only 4 percent of male partners work part-time whereas 24 percent of female partners work part-time. This reflects the unequal caring responsibilities women have, which is a significant contributor to the lower ratio of women in partnership ranks, where over 91 percent of partners work fulltime. Facilitating flexible work arrangements and encouraging parental leave by all working parents are the most appropriate measures in addressing these underlying conditions, which quotas fail to notice and address.¹³

THE HON CHIEF JUSTICE

Susan Kiefel AC AGE AT APPOINTMENT: 53 (at 63 became chief justice) NO. OF CHILDREN: No children EDUCATION: She dropped out of school at 15 in a bid for finanical independence and pursued her legal studies later.

Stephen Gageler AC

James Edelman

Simon Harry Peter Steward

AGE AT APPOINTMENT: 54

AGE AT APPOINTMENT: 43

AGE AT APPOINTMENT: 51

NO. OF CHILDREN: Three

NO. OF CHILDREN: Two

EDUCATION:

Australian National University, Harvard Law School

University of Western Australia, Murdoch University, Magdalen College — Oxford

University of Melbourne

Patrick Keane

Michelle Gordon

Jacqueline Gleeson

AGE AT APPOINTMENT: 61

AGE AT APPOINTMENT: 51

AGE AT APPOINTMENT: 55

NO. OF CHILDREN: Three

NO. OF CHILDREN: One

EDUCATION:

University of Queensland, Oxford University

University of Western Australia

University of Sydney

029

' ...the most prevalent issue which prevents women from being active economic agents and having long and successful careers is the lack of accessible, affordable, and flexible childcare in Australia.'

14.

Scotia Lockwood, ‘Diversity quotas: Do they help get more women in the boardroom?’, HRM (online, 10 November 2016) <https://www.hrmonline.com.au/section/opinion/ diversity-quotas-more-women-boardroom/>.

15.

‘Net childcare costs for parents using childcare facilities’, Organisation for Economic Co-operation and Development <https://stats.oecd.org/Index.aspx?DataSetCode=NCC>.

030

Another underlying condition that disproportionately affects women is the gender pay gap, which is leading to more women having to sacrifice their careers to raise their children. This particularly affects underprivileged women. Data from the Workplace Gender Equality Agency (WGEA) reports the most prevalent issue preventing women from being active economic agents and having long and successful careers is the lack of accessible, affordable, and flexible childcare in Australia.¹⁴ In fact, the Organisation for Economic Co-operation and Development (OECD) indicates that the net child-care costs for parents using childcare facilities in Australia in 2020 was around 24 percent after the inclusion of benefits, as opposed to Norway where the figure was around 8 percent.¹⁵ In summary, whilst quotas may create the impression of diversity at a surface level, they fail to consider intersectionality and underlying conditions leading to discrimination. The purpose of taking these aspects into account is to avoid having diverse faces, yet failing to have diverse voices which leads to a slower progress, due to a lack of diverse ideas.

by Tiana De Silva

U S A A L C IS M X E S : NOW A FICTION OR A FATAL FLAW IN THE LEGAL INDUSTRY?

“Women are equal in the workplace” is a line many of us have heard before, but, there remains the issue of whether this is truly the case in modern Australian society.

031

f all the traditional male-dominated professions, the legal industry remains the one that clings most fervently to its misogynistic history. The question of whether this is a result of a genuine lack of understanding of modern cultural sensitivities to the plight of modern feminists or whether it is simply a continuation of “old guard” mentality vehemently gate-keeping women from the law, remains to be answered. This article will seek to discuss the prevalence of casual sexism within the modern legal industry through a brief look at the R v Drummond [2021] NSWDC 510. Additionally, this article will discuss methods the legal industry must adopt in order improve the way it views and treat women.

R V DRUMMOND: THE FACTS The case involved 20-year-old man Nicholas Drummond, who sought to appeal his conviction by the Hornsby Local Court for assault and destroying property. Following an afternoon at the local pub, Drummond in an intoxicated state, made lewd remarks to a young woman to the effect of calling her a “slut” and telling her to “put her tits away.” The victim confronted Drummond, demanding an apology and later when he did not give her one, she proceeded to take a photograph of him on her mobile phone. Drummond in an attempt to delete the photo from her phone, snatched the phone from her hand and the pair proceeded to have a ‘tug-of-war’ over the phone. Eventually the victim was able to walk away with her phone and Drummond was prevented from following her and was asked to leave the premises by security. In the course of being ejected from the establishment, Drummond assaulted an innocent bystander. The victim confronted Drummond at which point Drummond turned around and hit the young woman in the face, knocking her to the ground and proceeding to swear at her.

HELD Drummond was a former Knox Grammar student which was disappointingly a consideration in the judgment handed down by Sutherland SC DCJ on 16 September 2021. His Honour stated that while the accused had: “ made a lewd and completely inappropriate remark to a young lady, who he did not know, but whose dress, by virtue of what is attributed to him, might have been perceived by a twenty yearold former student from Knox to be provocative.” It is important to note that Sutherland SC DCJ also considered a number of other factors such as the breakup of Drummond’s relationship with his girlfriend, his father’s surgery and his dog dying to place Drummond’s behaviour and emotional vulnerability in context. However, none of these reasons are sufficient to harass or justify the harassment of women. Further, the notion posed by Sutherland SC DCJ that the victims dress could have been provocative to a young private schooled man, is riddled with misogynistic and elitist undertones. It is incomprehensible that such a finding was delivered in a modern Australian court. 032

OF THESE REASONS E N O N ' SUFFICIENT ENOU E B D L U GH SH O ASS NOR JUSTIFY THE R A H TO SMENT OF WOMEN.' S A R A H

033

DISCUSSION The finding in R v Drummond is just one of many examples of casual sexism that exists in the legal industry today. It is a notion that has been continually mimicked within the public sector from Brittany Higgins to former High Court Judge Dyson Heydon, who still maintains both his honorary title and his Order of Australia medal notwithstanding the findings of sexual harassment against him by an independent investigation into his conduct on behalf of the High Court. These attitudes and views of women emanating from the very highest levels of our legal system are watered down and filtered through the ranks of the legal industry, enabling and encouraging the continued view of women’s inferiority. It is clear that women’s perspectives must have an equal place at the legal table to that of a man’s. The prevalence of casual sexism within the legal industry will ensue as long as all levels of seniority continue to adopt a dated view of women within the legal industry. Harsher penalties and education programs should be implemented to discourage the substandard treatment of women in the legal industry. A failure to do so will create a legal system and industry that is neither safe nor sound in interacting with modern women and will ultimately inhibit the profession from progressing into the modern era that celebrates and supports women in the industry.

034