Let's Talk About It: Kids or the Law

In the Weekend Australian, March 2-3 2024, Ellie Dudley, Legal Affairs Correspondent asks the provocative question: "Kids or the Law: the issue "no one is talking about" (p.3). With International Women's Day due this Friday 8 March 24, Ms Costi, employed at Watts McKay, (who Ellie Dudley interviewed) stated that " the anxiety women felt about leaving their jobs - even for a short time - to have a child was the issue "no one is talking about".

The Good News Story

In 2024 both women and men are forging legal careers whilst raising young families. Some with substantial support from their legal workplaces. This is a tremendous improvement to what came before.

Lets celebrate their efforts and success. And learn from them what is working well. Core EQ will be asking you to share your stories so that we can give hope and encouragement to people such as Ellie Dudley.

Well let's talk about it.

I thought I would talk about what came before to explain that there has been significant progress - even if the path can still look rocky.

I'll start with a story about a young woman lawyer who worked as an associate for a Federal Court judge in Canberra and then returned to take up an articled clerk position in a leading labour law firm. Who found herself assisting in, and once admitted to practise, running appellate cases, including for some time, the first unfair dismissal case in the High Court. Whenever her partner went on leave one of his fellow partners would "poach" the department's secretary.

Eventually this person's health deteriorated even though she was only in her 20s. She left and after signing The Bar Roll had her first child and was appointed to the Social Security Appeals Tribunal aged 31. The Law firm never briefed her. Things ran smoothly until she became pregnant with twins and ended up in hospital for 10 weeks with no income and no maternity leave. It was her local community friends and family who helped care for her 18 month old daughter while she was stuck in hospital.

She returned to The Bar, when her sons were four months old, and was soon appointed to the Workcare Appeals Board as a sessional senior member. Hoping to obtain an on-going role that had the basic employment conditions such as sick leave and annual holidays she took leave from the Bar working at the Board 3 days a week with 3 children in child-care. No luck - the Kennett government abolished the Board and she found herself with 3 children under 5, not even one session's pay, no leave, no superannuation. No job. No career. Not able to pay the child care to find another job.

3 attempts to return to the Law

She made 3 more attempts to return to the Law. First she obtained a position as an advocate with the Department of Veterans' Affairs full-time, with a 5 year old and two 3 year olds When she asked to go part-time for family care reasons, even though women officers in other sections had this opportunity, she was refused because she was in the legal department.

The next attempt was 8 years later, by which time she had completed 3 vocational education qualifications and commenced a Masters in Education where she was undertaking a thesis on how lawyers learn to manage and lead at work. This had become a live issue for her given her work experiences. She was one of the lawyers who led the introduction of the first CPD Programs for Lawyers in Victoria.

PhD findings are relevant to the issue of Kids or the Law

It follows that lawyers who are parents of young children need specific support to maintain their CPD Professional Development and networks.

Due to the importance of the research topic, and her senior role, The University of Melbourne offered her a HECS Scholarship and she was able to convert her study to a PhD. She applied for 1 years unpaid leave from her Continuing Legal Education position. This was refused.

Main finding Legal Working Culture

Legal Working Culture, or ‘LWC’, is a substantial description of lawyers’ values, beliefs and behaviour when working and learning together in legal organisations and institutions.

It offers a constructive creative approach to retaining the collegiality in law by explaining how lawyers learn best in developing their legal practice skills. And therefore provides a benchmark for positive workplace cultures. An important aspect when supporting lawyers working and concurrently raising young children.

An emerging pattern - Disrespect and Disappointment

The third attempt was accepting a position as Senior Project Manager in the Public Service. A change of Government led to her losing that job and no offer within the Department of another was forthcoming. She had 3 children in secondary school. Eventually she found another short term assignment whilst she hunted down a real job.  

Again bad luck - or is it bad luck? Can you see a pattern emerging here about how some women lawyers who step up and take on difficult legal work assignments, and challenge conventional thinking, are treated in both private and public arenas? So easily discarded. Their contributions somehow invisible.

She learnt how dangerous it is to assume that so called progressive workplaces actually share the same humanistic values. And are kind and respectful towards their people.

She found another job eventually. With just one hurdle. Her promised, but not forthcoming work team to support her Director's role, arrived too late for her to save her health.

The End

And that was the end of her legal and education career. And the beginning of a new one. Although to get there took over 5 years of recuperation - to regain her health.

Silver Lining - an Invitation

It is now 2024. At the age, when many people have retired for good (67), I have unfinished business. I thrive on a challenge, especially when people who wish to maintain the status quo, say something cannot be done.

Core EQ aims:

• To make a meaningful difference in the lived work experiences of lawyers, particularly women.

• To offer bespoke development and consulting services into the Legal CPD and Professional Development market.

• To provide a distinctive activity based approach to facilitate the development of contemporary EQ and professional career skills.

• To encourage dialogue about what works well for lawyers in sculpting their legal roles and careers.

Soon my revamped website will be re-launched. And an expanded range of services offered to the legal market.

I hope that my invitation to come and attend a one day workshops and spend a day with myself, my helpers and my horses at our small equine property on the Mornington Peninsula will be accepted by you. Because we need you to thrive not survive.

Each law graduate, every lawyer admitted to practice has a unique gift to offer our profession. On occasions we are inspired to improve our work and to share our learning experiences. Core EQ want to provide a safe and encouraging space for you to do so.

In particular I am sending out my energy to those people, such as Ms Costi, to come and be heard and to be understood. And appreciated for what you have already done for the legal profession and what you can still do.

At Core EQ you will be treated with kindness, respect, appreciation, by a smarter kinder organisation as I like to call us.

Dr Deborah Hann

5 March 2024