Feature

posted 29 Jun 2010 in Volume 2 Issue 4

Inspirational women

Women Legal asks four high-achieving female lawyers for their views on diversity progress in the legal profession.

Role model

Ramona Mehta, partner at Mischon de Reya, on being shortlisted for Professional of the Year at the 2010 Asian Women of Achievement (AWA) Awards.

Congratulations on your nomination for the AWA Professional of the Year award. What does the nomination mean to you?

It’s a huge honour. I’ve attended the awards in the past and met an array of incredible high-achieving women, so it’s very flattering to be nominated.

What barriers to success do British-Asian women lawyers face today, and what can be done to help the new generation realise their full potential?

I don’t think that British-Asian women face any additional barriers. Most British working women share the same issues. While it’s true that a woman in a traditional Indian family has obligations to her extended family as well as her immediate family, I don’t think that is necessarily a barrier. Every woman who chooses to have a family has to juggle those obligations with her career.

However, I do think that British-Asian women suffer from a lack of role models, and that is why the AWA awards are so important. I frequently attend recruitment fairs at universities and interview candidates who apply to Mishcon de Reya for a training contract. Some graduates I meet are surprised and impressed to see a female Asian partner. As there aren’t many high profile Asian women, they see barriers that aren’t necessarily there. What we need to do is to raise the profile of Asian women who have smashed the glass ceiling so that the next generation understand that there are no additional barriers. If they work hard, they too will be able to reach their full potential.

That said, I do think there is still a glass ceiling, and unfortunately I think that may remain for some time to come.

Ramona Mehta is a litigation partner at Mishcon de Reya. She can be contacted at: ramona.mehta@mishcon.com

Every man for himself

Aleksandra Miziolek, director at US law firm Dykema on multi-tasking and diversity.

How do you juggle a demanding career and four children? You must be superwoman!

Ha! Well, my youngest is 15 now, so it’s getting easier all the time. It has been a challenge, but I’ve found ways to combine the two.

First, I’ve always tried to involve my children in the development efforts I’ve engaged in. For example, if I’m taking clients to a baseball game, I’ll bring my kids and ask the client to invite their children along too.

Second, I’ve always focused my efforts on getting business in the door as opposed to billable hours. Success is traditionally measured in incredible billable hours as well as incredible billing, but I have to prioritise, so I spend more time on the latter.

Third, I’m addicted to my Blackberry! I do a lot of work on the run. Technology and the flexibility it affords has been a life saver. In order to convince clients to choose our firm, I have to be available 24/7, and I am, but that doesn’t mean being tied to the office.

Finally, it’s all about the support network. I had relatives to provide day care.

But surely ‘something’s gotta give’ as the saying goes… do you ever get any ‘me’ time?

The recession has really ramped up the pressure and the competition is fierce, so I’ve definitely had to let ‘me’ time play second fiddle to my career. I do try to mix business with pleasure, socialising with colleagues and inviting potential clients to events that I enjoy. But truthfully, right now I don’t feel that there is much time for me.

It’s true the recession has forced a lot of compromises. Do you think diversity initiatives and the struggle for equality have suffered a setback as a result?

I think it’s clear from studies I’ve seen that the recession has had a disproportionate impact on those who work part time. I can see why, from a pure business perspective, when faced with a choice between a part-time worker and a full-time worker of equal talent, they would save the full-time worker, but that doesn’t make it right. It’s hard for businesses to support flexible working now when they need 100 per cent dedication, but if they don’t they will lose some real talent. We need women in positions of power to be tactful and make a good business case for diversity initiatives.

At Dykema we have a women’s initiative where we focus on practice development aimed at women, and we continue to identify those individuals who have great potential. If they need flexibility, we provide it. There are solutions out there. Some of our brightest associates have been found in-house secondments, which offer more predictable hours, and this kind of flexibility inspires a lot of loyalty.

So how far do you think we are from achieving true equality?

Frankly it has been more than clear throughout this recession that when there’s a limited amount of work, people protect their own. So in this male-dominated industry it can be hard to survive as a woman. If the people in power are only of a certain background, they will extend opportunities to those of similar backgrounds. The old boys’ network is certainly alive and well – no doubt about it.

Most firms are attuned to the idea that we need a diverse workplace but intentions are one thing, reality is another. One of the biggest challenges in this recession environment is how we encourage people up the ranks to act as mentors when the pressure to perform is so great that it leaves little time for anything else. Law firms need to formalise a mentor system.

Aleksandra A. Miziolek is based in Detroit and can be contacted at: amiziolek@dykema.com

Judgement day

Alexandra Marks, Linklaters partner, on her recent appointment to sit as a deputy High Court judge.

Congratulations on your appointment. Could you outline the process that led to your authorisation to sit as a deputy High Court judge?

I have been sitting as a Recorder (a part-time Circuit Judge) since 2003, although prior to that I had no judicial or tribunal experience at all. In fact, I had no contentious or advocacy experience either. I had spent my entire professional career – some 20-odd years – working as a commercial property solicitor. Indeed, until I embarked on the Recorder path, I had never stepped into a court room! I was appointed a Recorder after applying in response to an advertisement.

I applied for authorisation to sit as a deputy High Court judge when I received an e-mail on behalf of the President of the Queen’s Bench Division (QBD) sent to all Recorders and Circuit Judges last summer inviting “expressions of interest”.

The so-called S9 process for authorisation to sit as a deputy High Court judge is not dealt with by the Judicial Appointments Commission. In contrast to the selection exercises they run, there was no qualifying test, role play or even interview.

Why do you think there are so few women judges, and what can be done to reverse the trend?

I think a principal reason is that there are – regrettably – still relatively few senior women solicitors, or senior women at the Bar, bearing in mind how long women have been entering both limbs of the legal profession. Sadly I don’t see the proportion of women reaching the top of their respective professions changing dramatically any time soon.

However, it is not necessary to be a partner or a QC to apply for judicial appointment. Applicants just need to demonstrate that they possess the relevant skills and competencies, and these can be obtained in a number of ways.

It is, however, noticeable that proportionately fewer women apply, so I would seek to increase the number of suitably qualified women applicants by building their confidence to apply. Informal mentoring, work shadowing and other schemes can all help improve would-be applicants’ confidence, so they can see for themselves what the job involves and what skills are required.

Would a more creative approach to the recruitment process help attract more women judges (more creative thinking about the kind of experience that can satisfy judicial criteria)?

I am not sure that the recruitment process itself is at fault in this respect, but perhaps women themselves are less confident than their male peers in recognising that skills and experiences that they have acquired in other spheres can satisfy the selection criteria. For instance, when I applied I drew not only on my professional experience but also my voluntary work in chairing charitable boards, sitting on Law Society committees and pro bono activities.

Where I do think a creative approach would enormously benefit women would be to review the nature of the judicial roles themselves. I see judging as a perfect ‘project’ based activity: you turn up with your brains and books, preside at the hearing, give your summing up or decision, and that’s it! Unlike practice, there’s only limited responsibility for premises, hiring staff and dealing with bills or fees. I therefore believe that far more judicial positions could be part-time and flexible. Both my judicial appointments, as Recorder and as High Court Deputy, are part-time: I sit for a week or fortnight at a time – but only for a maximum of six weeks per year. I would welcome judicial posts being available for, say, three to six months per year, perhaps worked in school term-times. Those kinds of roles would, I think, be much more attractive for certain under-represented categories on the bench, and in tribunals, such as women with school-aged children.

I am pleased that tentative steps are beginning to be taken in this direction. For example, some district judge roles are job shares and Croydon Crown Court is piloting – for six months from June until December this year – a double-shift system. This means that from 9:30am to 1:30pm there will be one trial in each courtroom, and from 2:30pm to 6:30pm there will be a different one. The idea is to use the court facilities more efficiently, but a hugely beneficial side effect is that, as a Recorder, I can choose to sit for the morning or afternoon shift. That arrangement is far easier to fit in with my practice and child-care arrangements, so I very much hope the pilot will be successful and will be rolled out elsewhere.

What is your opinion about ‘positive action’ in the recruitment process for women and minority judges?

To maintain both the quality of, and confidence in, our judiciary, I believe appointments must be made on merit. If ‘positive action’ means favouring under-represented groups whatever their ability to fulfil the role, I don’t agree with it in the recruitment process for judges.

However, I would encourage greater numbers of appropriately qualified women and minority ethnic candidates to apply, as they perform well during the selection process.

What advice would you give to the women lawyers out there who would like to apply for a judicial post?

If you’re interested in judicial appointments, I believe it’s important to start thinking about it early – probably many years before you first apply. This gives plenty of time to build up experience, not necessarily in courts and tribunals, which provide demonstrable examples of the criteria required. It also provides ample opportunity to observe tribunals and courts in action,

Equally important, however – and seemingly paradoxically – I would advise those interested not to apply too soon, and thereby risk a discouraging outcome early on. It seems preferable to draw on broad experience from a variety of sources over a number of years than to rely on professional experience alone.

Finally, since competition for judicial appointments is fierce and many ultimately successful applicants do not succeed first time, I would advise any disappointed candidates to seek feedback, and apply again later with the benefit of that experience.

Alexandra Marks, litigation partner at Linklaters, can be contacted at: alexandra.marks@linklaters.com

I Believe

Angeli Arora, partner at Bingham McCutchen, on being shortlisted for Professional of the Year at the 2010 Asian Women of Achievement
(AWA) Awards

Congratulations on your nomination for the AWA Professional of the Year award. What does the nomination mean to you?

The nomination is a huge honour, particularly to be listed alongside some formidable women who have achieved so much and are great role models for women in the Asian community. I hope the nomination provides me with an opportunity to get more involved in mentoring other female lawyers in respect of their careers.

Historically there have been many cultural challenges for Asian women wishing to progress their careers. I do hope in some way my nomination may encourage other female Asian lawyers about the possibilities that lie ahead of them.

What barriers to success do British-Asian women lawyers face today and what can be done to help the new generation realise their full potential?

Traditionally, an Asian woman’s primary role is seen as a home-maker (career being secondary) so the challenge for Asian women is balancing these different demands on them. Unfortunately
they may not always receive family support for working the long hours required at City firms. Things are changing though and perceptions are shifting, which is encouraging, but in the meantime we do have to fight harder for the support we need in our personal lives (and for the sacrifices we may need to make in our personal lives from time to time) for the choices we make in our professional lives.

There aren’t many Asian women in partner roles and other senior positions in the legal profession yet, which means the next generation may lack role models and mentors. The AWA is actually a really good way of sharing stories of success and offering inspiration to others. I for one was really inspired by how well Asian women are doing in the various fields. It’s really rewarding to see how far we have come, even in the last decade.

As a junior lawyer I know I may not have had as much confidence and self-belief as I should have, partly because I was discouraged by the lack of Asian women in senior positions and partly because the industry is still pretty male-dominated. I now realise that if you don't believe in yourself and your capabilities, how can you expect others to? If you ask me how the next generation can realise its potential, I would say ‘by believing in their potential’ – because, honestly, sooner or later talent finds a way of shining through.

Angeli Arora is a partner at Bingham McCutchen’s London office. She can be contacted at:
angeli.arora@bingham.com