The legal profession has undergone remarkable transformations in recent decades, particularly for women at the Bar. Emily Windsor, barrister, with experience as a judge, offers perspectives on the changing dynamics for women in the legal profession today.
Historically, the traditional structure of legal practice presented challenges for those balancing professional ambitions with family or caring responsibilities. The hours were onerous, and the career was very much office-based.
The technological transformation of recent years has effectively dismantled many of these structural barriers. Online platforms such as Westlaw and LexisNexis have democratised access to legal materials, enabling practitioners to conduct research and prepare submissions without physical presence in chambers or libraries. Emily Windsor identifies technological advancement as a very significant catalyst for positive change for women in law. “Thirty years ago, to access cases and textbooks, you actually needed to be physically in the library, which is very restricting for anyone with responsibilities,” she notes.
Women juggling professional and caring responsibilities, and those needing to work from home for other reasons, have found this flexibility to be transformative. “Now it’s perfectly possible to work from home for a week at a time, and to work personalised hours, because you can access all the materials you need online,” Emily Windsor explains.
The COVID-19 pandemic accelerated this evolution, normalising remote working and demonstrating that substantial elements of legal practice could be conducted effectively outside traditional settings. While certain aspects of advocacy have returned to physical courtrooms, Emily Windsor notes that “short hearings, one or two hour hearings, and case management hearings, hearings not involving witnesses, remain online a lot of the time.” This hybrid approach has significantly expanded possibilities for women who might otherwise struggle with the rigid demands of traditional practice.
At its core, this transformation is about more than practicality. It represents a fundamental shift in the profession’s accessibility for women, effectively removing the historical prerequisite of physical presence that disproportionately disadvantaged those with caring responsibilities and/or unable to commit to being in the office for long hours every day. While Windsor acknowledges that a barrister’s work still demands long hours and hard work, the flexibility afforded by technology has created unprecedented opportunities for women to craft sustainable careers at the Bar.
Retention and Advancement
Emily Windsor identifies retention and advancement as the primary hurdle facing women in law today. Despite comprising around 40% of the Bar according to recent statistics, women represent just 20% of King’s Counsel, revealing a persistent disparity in progression to the top of the profession.
“It’s not so much recruitment, although that is still an issue, as retention,” observes Windsor, who believes the profession often loses talented women at critical career junctures. This attrition frequently coincides with family or increased caring responsibilities, which still often fall disproportionately to women.
The profession has begun responding to these challenges through initiatives specifically to support women’s career development. The Bar Council and specialist bar associations have implemented mentoring programmes, wellbeing initiatives, and targeted support for women considering applications for silk. Additionally, the Bar Standards Board’s consultation on proposed rules requiring barristers to “act in a way that advances equality, diversity, and inclusion” signals institutional recognition of the need for proactive measures to address gender disparities, among others.
Emily Windsor’s experience at Falcon Chambers has been positive, suggesting that chambers culture can play a crucial role in women’s professional experiences. “I have never felt different for being female at the Bar,” she reflects, though she acknowledges that her experience may differ from those of women in the generation before her.
Despite these advances, the persistence of the “silk ceiling” indicates that invisible obstacles remain. The underrepresentation of women in the profession’s senior ranks has implications not only for individual careers but also for the development of jurisprudence and the administration of justice. Without diverse voices at all levels of the profession, the law risks reflecting only partial perspectives, and the perception of being out of touch with the society it serves.
Building Female Legal Leadership Through Generational Connection
The power of mentorship emerges as a critical factor in addressing gender disparities in the legal profession. Emily Windsor’s own career trajectory was influenced by early exposure to legal practice through work experience, demonstrating how meaningful engagement with the profession can ignite enduring interest.
Windsor now actively contributes to this support cycle by regularly hosting work experience students in her chambers. “I make sure that we have plenty of opportunity to talk… I make sure that I’ve answered their questions and given them the insights they need,” she explains.
The significance of such guidance extends beyond practical advice. Female mentors serve as proof that women can thrive in the profession. Emily Windsor finds it “rather uplifting” to witness the professional development of former mentees, observing their progress over the years and decades.
Particularly important are the mentorship initiatives to offer structured support for women at the later stages of their careers. These programmes focus on the sharing of experiences and advice to enable women to remain in the workplace, and to have the confidence to take the steps needed to advance.
It is hoped that in due course, such individualised support may play a role in addressing structural inequalities, and contributing to broader cultural change, in addition to reducing the gender pay gap.