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02Whole.Pdf (2.246Mb) Unequal Partners? Women Solicitors' Experiences of Workplace, Discrimination, Flexibility and Success in Queensland. Author Neal, Geraldine Mary Published 2010 Thesis Type Thesis (PhD Doctorate) School Socio-Legal Research Centre DOI https://doi.org/10.25904/1912/1844 Copyright Statement The author owns the copyright in this thesis, unless stated otherwise. Downloaded from http://hdl.handle.net/10072/366535 Griffith Research Online https://research-repository.griffith.edu.au UNEQUAL PARTNERS? Women solicitors' experiences of workplace discrimination, flexibility and success in Queensland. GERALDINE MARY NEAL B.A.(UQ) Grad.Dip.Mgt.(CQU) LL.B.(UQ) M.A.(Deakin) SOCIO-LEGAL RESEARCH CENTRE, GRIFFITH LAW SCHOOL GRIFFITH UNIVERSITY BRISBANE, AUSTRALIA This thesis is submitted in fulfilment of the requirements of the degree of Doctor of Philosophy. APRIL, 2009. UNEQUAL PARTNERS? – Solicitors' experiences of workplace discrimination, flexibility and success in Queensland. KEY WORDS legal profession, discrimination, sexual harassment, Kanter, stereotypes, role traps, workplace mobbing, ‘exclusionary indicators’, ‘exclusionary overload’, flexible work practices, billable hours, success in legal practice, self-confidence, women lawyers, Queensland lawyers, Australian lawyers, human resource management, lawyers as managers ABSTRACT This thesis explores issues of discrimination, flexibility, and success in the solicitors’ branch of the Queensland legal profession. It interrogates the discrimination and disadvantage practitioners report in their daily legal practice; whether they have access to achievable flexible workplace policies and practices; and whether they feel able to attain success, however that might be defined by individual lawyers. Although there have been numerous studies on the circumstances of women lawyers in other jurisdictions, no work had been carried out in Queensland at the inception of this doctoral research. There is no subsequent Queensland work that explores the specific circumstances of solicitors within the three key areas of discrimination, workplace flexibility and success. This thesis addresses this gap. The central research question in the thesis asks whether, and to what extent, prejudice and gender bias exist within the profession. Findings are analysed and set against the backdrop of extensive literature on women in the profession both within Australia and overseas. The research adopts a multi-method approach within an over-arching feminist framework. Qualitative and quantitative methods have been utilised, with the principal data being collected through a State-wide anonymous survey and a series of in-depth semi-structured interviews. My findings establish that discriminatory and exclusionary practices continue within the Queensland profession, adversely affecting many practitioners and Abstract - 1 disproportionately affecting female solicitors. They are practices that are often hostile to the achievement of meaningful work life balance, as well as to career promotion and progression. As a result of these practices many women feel disadvantaged, as do some men. They are practices that adversely affect the health and future of individual solicitors and the profession generally. Female solicitors continue to be trapped, or ‘encapsulated’, within stereotypical roles and organisational attitudes. These attitudes continue to both overtly and subtly define woman as ‘other’ or deviant from an acceptable male norm in the legal workplace. Many legal workplaces also exhibit a range of workplace mobbing-style factors. The presence of a number of these discriminatory and exclusionary factors can lead to ‘exclusionary overload’ where women feel forced to leave their chosen profession. To a substantial extent, the lived experiences of women in the solicitors’ branch of the Queensland legal profession continue to replicate and re-present a long theoretical history of stereotypes, role traps, ‘otherness’ and ‘exclusionary factors’ that historically underpin the profession of law. Some legal workplaces have acted to identify disadvantage and difficulty arising from traditional workplace practices in critical areas of formal and informal networking, work allocation, mentoring, training opportunities, marketing and client entertaining. Nevertheless, female, and male, solicitors continued to identify benefits flowing overwhelmingly to male colleagues as a direct result of these continuing practices. This thesis argues that efforts to introduce flexible work practices, or alternatives to traditional success pathways, will be meaningless if underlying, entrenched, discriminatory attitudes and practices are not acknowledged, understood, and addressed. An interdisciplinary research process, that includes male practitioners and makes extensive use of human resource management discourses, means the thesis contributes to a multi-dimensional appreciation of legal lives on a number of theoretical and Abstract - 2 practical levels. Based on the research data and analysis, the thesis makes original contributions through the development of a number of awareness-raising and diagnostic tools to enhance an understanding of Queensland solicitors’ lives, and to assist in monitoring existing or newly introduced workplace policies and practices. Significantly, these tools include an extended typology of role stereotypes, a checklist of exclusionary indicators, a success framework, a model for workplace policy implementation and monitoring, and a representation of the cycle of cultural barriers operating against women. These tools are designed to enhance our understanding of practitioners’ daily working lives, as well as what they seek to achieve both professionally and privately. This in turn allows the profession to better understand what workplace cultures, policies and practices are most likely to give effect to those aspirations. The thesis considers appropriate responses and ways in which the professional peak body, the Queensland Law Society, might engage with the issues raised by research participants. It suggests ways the Society can work with the profession to create a climate for change, and perhaps most importantly to provide a safe space where solicitors can participate in the critical conversations that will be needed in the years ahead. Finally, the thesis suggests future research directions. Abstract - 3 STATEMENT OF ORIGINALITY This work has not previously been submitted for a degree or diploma in any university. To the best of my knowledge and belief, the thesis contains no material previously published or written by another person except where due reference is made in the thesis itself. Geraldine Mary Neal ………………………………………………….. ETHICAL CLEARANCE This doctoral research was conducted in accordance with the protocol approved by the Griffith University Human Research Ethics Committee (ref: HREC LAW/02/01). (refer: thesis Chapter 2, Section 2.3 Ethical Considerations, at p 2-6 n 23) Title Page Abstract Statement of Originality & Ethical Clearance TABLE OF CONTENTS List of Diagrams List of Graphs List of Tables List of Appendices Acknowledgements Work Published in the Course of the Research Style Note THE CATALYST CHAPTER 1. BREAKING RANKS 1.1 Introduction 1-1 1.2 Backdrop to the Research 1-3 1.3 Maintaining a Gender Narrative 1-6 1.4 Significance with a Queensland Focus 1-8 1.5 Aims and Purposes 1-15 1.6 The Research Questions 1-20 1.7 Defining the Boundaries 1-21 1.8 The Argument and How It Will Unfold 1-24 CHAPTER 2. METHODOLOGY AND METHODS 2.1 Introduction 2-1 2.2 Methodological Framework 2-2 2.3 Ethical Considerations 2-6 2.4 Methods 2-7 2.4.1 Survey 2-10 2.4.2 Inclusion of Men 2-12 2.4.3 Statistical Analysis 2-13 2.4.4 Semi-Structured Interviews 2-15 2.4.5 Literature Review 2-20 2.4.6 Examination of Discursive Practices 2-22 2.4.7 Feedback 2-24 2.5 Methods and Questions 2-25 2.6 Conclusion 2-26 Table of Contents 1 CHAPTER 3. QUEENSLAND SOLICITORS IN CONTEXT 3.1 Introduction 3-1 3.2 A Snapshot of the Queensland Profession 3-2 3.3 Comparison with Broader Picture 3-9 3.4 Why Become Lawyers? 3-12 3.5 The Lady Vanishes 3-14 3.6 A Question of Culture 3-16 3.7 Sisters-in-Law 3-22 3.7.1 New South Wales 3-24 3.7.2 Victoria 3-26 3.7.3 Western Australia 3-31 3.7.4 South Australia and Tasmania 3-32 3.7.5 Queensland 3-34 3.8 Lessons from Abroad 3-37 3.8.1 Canada 3-37 3.8.2 United Kingdom 3-43 3.8.3 New Zealand 3-48 3.8.4 United States 3-48 3.9 Long Way to Go 3-50 3.10 Conclusion 3-53 CHAPTER 4. MEN’S JOBS, WOMEN’S ROLES 4.1 Introduction 4-1 4.2 Woman as ‘Other’ 4-3 4.3 Keeping Their Heads Down 4-8 4.4 Kanter’s Role Traps 4-15 4.4.1 the Madonna 4-16 4.4.2 the Seductress 4-19 4.4.3 the Pet 4-21 4.4.4 the Iron Maiden 4-23 4.5 A Kanterian Legacy 4-25 4.6 Family or Firmily? 4-32 4.7 Inside Legal Workplaces 4-37 4.8 Part of the Team 4-51 4.9 Black Sheep and Millstones 4-56 4.10 Conclusion 4-63 CHAPTER 5. IS FLEXIBILITY POSSIBLE? IN A WORD, ‘NO’ 5.1 Introduction 5-1 5.2 What Comes First? 5-3 5.3 The Price is Stress 5-8 5.4 Survival Strategies 5-11 5.5 Crisis Responses 5-15 5.6 In Search of Lost Time 5-18 5.7 ‘If we don’t, we lose the client’ 5-25 5.8 What’s In a Name? 5-29 Table of Contents 2 5.9 Rhetoric and Reality 5-36 5.10 Is the Impossible Possible? 5-43 5.11 Best Practice 21st Century 5-50 5.12 Conclusion 5-55 CHAPTER 6. NOTHING SUCCEEDS LIKE … 6.1 Introduction 6-1 6.2 A Contested Notion 6-3 6.3 How the Solicitors See It 6-8 6.4 Individual Skills and Individual Voices 6-13 6.5 A Success Framework 6-15 6.6 Points of Difference and Connection 6-19 6.7 The Holy Grail 6-23 6.8 A Meaningful Offer Capable of Acceptance 6-26 6.9 Staying in the Main Game 6-32 6.10 A Matter of Confidence and Other Obstacles 6-35 6.11 Rebellion in the Ranks 6-39 6.12 Conclusion 6-42 CHAPTER 7.
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