Reasons to be cheerful
When I hear the positive, good news stories of how returns done well, with the support of Chambers’ clerks, have reaped benefits for the barrister returner’s practice, I’m both optimistic and reassured. Optimistic to know that change is already occurring at the Bar. Reassured that there are certain sets making a success of support provisions for returners.
Problem Pockets
And yet, the problem “pockets” remain far from isolated.
You don’t need to look fare to uncover the horror stories of old still happening, and frequently, even today. Women leaving Chambers (and indeed the profession as a whole) because they are being charged out by clerks at a lower rate than their male counterparts. Commonly briefed in less well paid, yet emotionally draining, child sexual abuse cases.
And that’s regardless of whether or not they are mothers.
Add to that the so-called “motherhood penalty”, and a pernicious, pervasive problem continues unabated.
Good Relations
Barrister returners seek coaching to address issues flowing directly from the relationship they have with their clerks.
For example, being told…
- “We’ve accepted a brief for you in a 2 week return trial which is listed to run beyond your due date for giving birth. Go and do it. Don’t worry. It’ll crack…”
- “Taking more than 3 months off on maternity leave means you’ll be rebuilding your practice on your own”
- “Saying no to this brief means you’ll never be offered another similar one again in future”
Coaching Themes
Common topics arising in my client coaching sessions concern, in particular:
- Confidence returning to work, and specifically court, after time out of the profession,
- Navigating the so-called “juggle” between work and family life
- Learning assertiveness around setting and implementing healthy boundaries and learning to say no
- Identifying the optimum time to apply for silk where the three year “relevant evidence” caseload timeframe is a crucial, determinative factor.
The Data
These reasons are borne out by the findings of several recent Bar surveys too.
According to the Western Circuit Women’s Forum Back to the Bar Survey 2018, 2 out of 3 of those leaving the Western Circuit over the preceding 6 years did so due to difficulties balancing work and family commitments.
That finding reaffirmed those of the 2016 Bar Standards Board Women at the Bar Report. Family reasons or the difficulties of combining a career at the Bar with caring responsibilities were the most common reasons given for considering leaving the Bar.
Retention rates for working mothers remain low compared to working fathers. Taking time out of any workplace to take on caring responsibilities negatively impacts the gender pay gap.
It’s not just the returner who suffers. Chambers as a whole does too.
The Business Case for Improved Talent Retention
As businesses, it’s important for sets to appreciate that talent retention is good for all, for several different reasons.
Firstly, there’s the heavy investment cost of recruiting, training and developing female talent from pupillage only to see them leave mid-career. This is particularly so bearing in mind some of the eye watering pupillage awards of late – ranging from the minimum/ modest provincial amounts of £21000 up to, and even surpassing, £100000 in certain London, civil sets.
Second, the benefits gained by professional client briefing inclusive Chambers, where people embrace flexible working, and thrive by doing so.
As an extension of that, when people work in a positive working environment, the happier they are at work, and more likely to stay. Indeed they also have “pulling power” in that other talent will also be attracted to the happiest ship. I frequently see this raised in coaching sessions.
Returner Roulette
The significant issue here is the returner roulette wheel of clerking experiences. As an unregulated profession, clerking differs widely from one Chambers to the next. Whilst the Institute of Barristers Clerks offers training across the board, those who take it up very much depends on whether they are in the progressive or traditional sets.
Compulsory clerk training isn’t yet upon us. There’s no obvious or immediate method by which to increase standards across the board. We remain firmly in the territory of “pot luck” when it comes to the returner clerking experience.
Course Aspiration and Transformational Promise
My aspiration behind Clerking Through Career BreaksTM is to provide an easily accessible course, available online, for clerks supporting career break returning barristers. It offers clerks a detailed, 5-step, strategic framework within which to work, providing:
- The gold standard for career break returner support
- A positive route to returner retention
- A clear career progression pathway for working parents
Through me, the course’s transformational promise is that clerks will learn how to…
- Positively, pro-actively empower career break returners, throughout their entire career break journey, from break announcement to progression well beyond a return.
- Effectively communicate, understand, and make collaborative plans around, the needs and desires of returners.
- Navigate the various additional stakeholder experiences.
- Practically support returners around:
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- Successful diary management;
- Creative, workable marketing/ networking opportunities;
- Financial goals (planning and achievement).
I’ve achieved this through the inclusion of 80 mins of video recorded content, over 5 modules, including downloadable resources and checklists. These are designed to support clerks to provide a positive returner experience, There’s a quiz too, and completion certificate on application. The downloads include Practice Development/ Review Meeting Checklists at each of the 5 stages of the returner journey, together with Marketing/ Business Development Checklist, Leave/ Return to Work Announcement Template for Prof Client and Social Media, Returner resources for both returner and clerking team plus Model Parental Leave policy.
Fair Access to All
My firm belief is that a course such as this provides opportunity for Chambers to adopt a standardised, inclusive approach. My hope is that this contributes to an effective re-entry into practice, not just for the benefit of individual returners but also for the overall success of Chambers, specifically through the retention of (often very experienced) female talent.
Chambers have a real opportunity here to shift the dial on both the returner experience and traditional workplace culture by offering gold standard clerking. This course provides a step by step guide as to how.
Webinar Invitation
Register your interest ahead of Clerking Through Career BreaksTM launch day, Tuesday 6th May, here.
To learn more, you’re cordially invited to attend the introductory pre-launch lunchtime webinar Thursday 1st May 12.30-13.15pm: You can RSVP here.
I look forward to seeing you there.