In the spotlight recently was the issue of gender earnings gap at the Bar of England and Wales, where of course the legal profession is split between the roles of barrister (trial advocate) and solicitor. A recent study has shown that personal injury and crime work show the worst gender earnings gap (17%) of all the practice areas at the Bar. Also established is that female personal injury barristers’ median gross earnings are around 30% less across all call bands than their male counterparts. This gap is evident for women barristers during their first three years of call to the Bar but has been shown  not only to continue, but to worsen during their careers.

The reasons for this have led to significant discussion and analysis. These reasons include:

1. Unconscious bias – barristers promoted as “future stars at the Bar” often include male barristers who reflect the current (often male) leading members of chambers (a group of barristers who, while sole practitioners, share costs and expenses for office overheads).
2. Caution in diary management by junior barristers resulting in less opportunity in terms of size of case or area of practice.
3. The differences between male and female barristers in their readiness to accept urgent instructions, leading to some female barristers with children or caring responsibilities missing out on work due to their time constraints.

It appears that the issues highlighted in this very specific cohort are not exclusive to England and Wales, or indeed the UK. Within Europe the gender pay gap is particularly pronounced in the legal profession (as shown in a 2014 study by the Soldan Institute). This study revealed that female lawyers had an average total annual gross income of €54,597. However, their male colleagues earned €67,526.

The burning question is what can be done to assist in reducing the earnings  gap? Some initiatives that may effect change at the Bar include:

1. Aligning experienced clerks (responsible for managing a barrister’s practice) with junior female barristers.
2. Considering the timing of instructions from solicitors and how this may contribute to the inability of barristers to achieve an acceptable work-life balance.
3. Clerk led behaviour to include regular reviews of work distribution, supported by data collection and analysis.
4. Critical analysis of barrister selection and questioning whether solicitors are recommending a range of individual barristers of both sexes.
5. Challenging individual unconscious bias on the part of solicitors and their clients.

Despite the very different legal landscape in Europe, there are doubtless lessons to be learned about how to close the gap.