All Work and No Pay – Wage-Workload Disparities for Women Barristers

In February 2025, the Law Council of Australia released its eighth Annual Report of the Law Council’s Equitable Briefing Policy. To brief a barrister means to contact a barrister to engage their services. The Equitable Briefing Policy therefore sets out a list of measurable targets primarily tracking the percentage of briefs and briefing fees received by female barristers. Ultimately, the Briefing Policy seeks to increase diversity, bring a further variety of experiences and skills to the legal field, and allow the legal profession to become more representative of the community it serves. The eighth Annual Report thus tracks these targets for the 2023–2024 financial year, reflecting on findings, progress, and points of concern.

I. FINDINGS OF THE ANNUAL REPORT

A. LIMITATIONS

Firstly, it is worth noting that the statistics of the Annual Report are gathered from briefing entities who have already chosen to adopt the Briefing Policy. This is to say, the entities in question are ones already actively working towards increasing gender equality in relation to their briefing rates. Furthermore, even the Report notes that information gathering is limited by the fact that only
a relatively small proportion of all briefing entities and clients have adopted the policy. The availability of statistics was also limited by factors such as difficulties with data collection and record keeping.

Nevertheless, the statistics collected offer an interesting insight into questions of gender equality in the legal field.

B. BRIEFING RATES AND FEES

Overall, the Annual Report found that while briefing rate targets have been met, briefing fee rate targets have not. For the third year in a row, over 30% of reported briefs were to female barristers, marking a notable increase from 20% in the 2016–2017 financial year, when the Briefing Policy targets were first implemented.

However, only 22% of all briefing fees were paid to female barristers. While this constitutes an increase from 15% in the 2016–2017 financial year, it is worth noting that the increase in percentage of briefing fees received by female barristers is rising at a far slower rate than the percentage of briefs. Additionally, although briefing rates have risen steadily every year (apart from between 2022–2023 and 2023–2024, where it remained the same), this cannot be said for briefing fees.

Notably, the percentage of briefing fees received by female barristers decreased from 26% in 2021–2022 to 20% in the following financial year, before rising to the 22% this year. Disappointingly, this shows that while female barristers are receiving more work, their income is not rising to match this increase in workload.

II. EXPLORING THE UNDERLYING REASONS

A. POTENTIAL REASONS

The Annual Report discusses a number of potential reasons for this wage-workload disparity. Especially, factors such as client preference and an inability to project future earnings for a particular matter are highlighted.

The Annual Report notes that “on occasion, clients will specify which counsel they wish [to be briefed]. This is always (read: always) a male barrister.” This is often due to previous relationships with these barristers, including previous work done. While not directly mentioned in the Annual Report, it is also possible that discriminatory preconceptions may also factor into why similar requests are made.

One briefing entity which had chosen to adopt the Briefing Policy also noted the difficulty of identifying the fees which a particular matter may generate. Consequently, even where briefing goals have been met, it may be difficult for briefing entities to take positive steps towards meeting briefing fee goals.

Additionally, an article published by Ingmar Taylor SC, current President of the Industrial Relations Commission and a Justice of the Industrial Court, both puts forward other potential underlying reasons and addresses possible misconceptions. While using statistics from the New South Wales Bar specifically, a number of trends can be implied from the data. Primarily, Ingmar Taylor SC identifies two primary reasons for this wage gap. First, that female barristers tend to charge less for their services than male barristers, even where they have similar levels of experience and seniority. Second, that there are currently fewer senior female barristers than senior male barristers.

B. DEBUNKING POPULAR MISCONCEPTIONS

One important thing to note in the statistics discussed by Ingmar Taylor SC is how it debunks potential assumptions about why female barristers are paid less.

Some sources have hypothesised that women may need to spend more time away from work due to needing to take maternity leave or due to being expected to take on family and childcare responsibilities. These theories propose that women’s wages tend to be lower because they “work fewer hours”, and thus “[do] not [achieve] the qualifications required to assume positions in true competition with men”.

While these theories do address how traditional expectations and cultural attitudes may affect the ability for women to pursue their careers, they risk generalising and simplifying the challenges faced by female barristers. Certainly, not all women choose to start families or take on traditionally feminine roles in their personal lives.

However, these women are still subject to larger forms of discrimination and sexism. To some degree, it would also be incredibly problematic to assume that female barristers, on average, have less qualifications or work fewer hours.

Indeed, the statistics shown in the article indicate that “male and female barristers work on average the same hours”. In fact, in the specific statistics gathered, a higher percentage of female barristers worked more than 55 hours a week than male barristers. Thus, even accounting for hours worked, amount of experience, and seniority, the wage gap cannot be fully explained.

C. A HISTORY OF SEXISM

The other reason identified by Ingmar Taylor SC is that female barristers tend to charge less for their work.

For example, for barristers with 5–10 years of experience, 26% of male barristers and 7% of female barristers charge over $400 per hour. Similarly, for barristers with 10-20 years of experience, 16% of male barristers and only 6% of female barristers charge over $600 per hour.

There may be multiple cultural reasons contributing to this. It has been proposed that female barristers may feel compelled to charge lower rates to compensate for discriminative attitudes and ensure an inflow of clients.

It is worth noting at this point that the legal field has an undeniable history of sexism and inaccessibility to women. Furthermore, substantial advancements for women’s rights have only been made recently.

The first ever female barrister in Australia, Ada Evans, was admitted to the Bar only in 1921, after having been rejected over 20 years earlier due to her gender. Women were also rarely allowed financial and personal independence prior to the 1980s, when legislation finally ensured that banks would not be able to deny women a mortgage or credit card when she did not have a male guarantor.

Additionally, certain sexist attitudes still exist within society, leading to differential treatment. This differential treatment might include biased assessments and expectations within the workplace, and affect which barristers get which briefs. Consequently, male barristers are more likely to receive briefs for more prominent and longer trials. Only three years ago, former high court justice Dyson Heydon, one of the most powerful individuals in the legal system at the time, was found to have sexually harassed a number of high court associates. Many of these associates, due to the hostile working environment and distress caused by these experiences, ultimately abandoned promising legal careers. As such, it is important to address how a number of both direct and indirect discriminations still exist within the legal field. These inequalities have lasting effects, and can also often inhibit the ability of a female barrister to charge what her work is worth.

III. OTHER INEQUALITIES IN THE LEGAL FIELD

The legal system is not only affected by sexism. The field of law, historically, has been a field dominated by affluent white men. And, while significant progress has recently been made to increase diversity and access, this history still lingers. It has been found that almost 60 per cent of law students come from the top two quartiles for socio-economic status. Furthermore, statistics from the UK indicate that children of lawyers are 18.9 times more likely to become lawyers themselves. Requirements for time and fees also make it harder for those who may need to work to support themselves and their family or be facing more stress and financial difficulty to pursue legal degrees.

Moreover, wage gaps exist not only between men and women, but also individuals of different social and cultural backgrounds. While no readily available statistics exist for Australia, a 2022 UK Report gives some indication of inequalities which exist across the legal field.

Overall, it was found that White male barristers generally had the highest average income, while Black and Black British female barristers had the lowest average income. Female barristers generally earned less than male barristers, and White barristers generally earned more than barristers of other racial and cultural backgrounds. Once again, it is worth noting that the UK Report adjusts for seniority, years since admittance as a barrister, area of practice, whether the barrister is self-employed, and location. Therefore, these factors cannot be said to be able to explain the wage gaps that exist, though, of course, not all details can be accounted for.

IV. CONCLUSION

Overall, it is clear that further intentional and active steps need to be taken to ensure equality and diversity in the legal field. More support should be given to female and other minority barristers, and focus should be given on creating more positive and safe working environments for all.

Furthermore, one thing that becomes noteworthy is the importance of addressing prejudice and inequality on larger social levels. Cultural attitudes and beliefs affect employment, not only for barristers, but for everyone within a community.

If you have questions, concerns, or are worried about unfair or discriminatory treatment at work, workplace advisors in Australia from A Whole New Approach and Sexual Harassment Australia can offer free confidential support advice and assistance services that can help you stand against harassment, bullying, and discrimination.

You have the right to work in a safe and comfortable workplace. Call us today on 1300 766 700 for a complimentary and private conversation.