18 August 2021
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Interview with Katharina Miller on the role of women in the legal profession

1. How have you seen the evolution of women lawyers in the legal sector since you started your professional career?

I have started to work as an attorney-at-law 11 years ago. I am registered at Stuttgart bar and Madrid bar. In 2017, for the first time in German history, there were more women that registered at the German bars then men. Most of my female colleagues work as lawyers for family law or social rights. However, in the same year only 10 percent of women are partners of their law firms. The first female lawyer, Maria Ott, was admitted in Germany in 1922.

In Spain in 2020, for the first time in Spanish history, there are more female attorney-at-laws than male in the age range between 25 and 45 years. However, only 19 % of women are partners of the biggest law firms in Spain. The first woman lawyer who was admitted to a Spanish bar in 1922 is Ascensión Chirivella. This means that at least for the profession as “lawyers” there is movement in the – for us women lawyers – good and correct direction, however it’s very, very slow.

The numbers are worse for women notaries, judges and prosecutors and women in legal academia. I highly recommend to read the study “Mapping the Representation of Women and Men in Legal Professions Across the EU”, which has been issued in 2017 and war commissioned by the Committee on Legal Affairs of the European Parliament. This study shows that in 2014, not even one woman was Judge of Second Instance Courts or the Supreme Court in Northern Ireland or not even one woman was Court President in Malta and Scotland; for the same year, there is a total lack of Court of Second Instance Presidents in Denmark, Ireland, Cyprus, Lithuania, Malta, Netherlands and Northern Ireland. And if we have a look at the numbers for female Supreme Court Presidents in 2014, only Czech Republic, Ireland, Poland, Romania, Slovakia, Finland and Sweden had women leading the Supreme Court of their countries.

However, in all EU member states, there were much more women than men working as non-judge staff or staff assisting judges as well as administrative staff. Already in 2015 in all EU member states there are more female than male law students; unfortunately, there is a lack of data on women law professors. However, we know that women professors in the social sciences made up 18.5% in 2007. In Germany in 2018, there are still Faculties of Law without women professors and only one Law Faculty has a percentage of 38,46 percent of women professors. If you ask me if I am satisfied with this evolution? Well, at least there is evolution, however it’s very, very slow.

 

2. What factors do you think have improved the role of women in the legal sector?

From the study that I mention above, I learnt (and I agree) that the “social status of women and the prevailing family model in a particular country are particularly relevant to the situation of women in the legal professions.” If the breadwinner is still predominately the husband, then it’s much more difficult for the woman to work in her legal profession. Another factor is the political systems. The study remarks correctly that “the political systems have deeply impacted on the role and positions of jurists in general and female jurists in particular, as the history of the former communist countries demonstrates” – in a positive way.

On the other hand, the Europeanisation and internationalisation has had a positive impact on female participation in legal work, because it has been widening the markets in the past decades. Furthermore, the economic situation has had a positive impact on the female presentation in legal work as a flourishing economy needs more lawyers.

 

3. Do you think that there is still a long way to go before full equality is achieved?

Yes, I do think that there is still a very long way to achieve full equity in legal professions. We are very biased and full of stereotypes and without quota legislation and strict sanctions I cannot imagine that this status quo will change quickly.

 

4. How do you see the new generation of women lawyers?

I see the younger generation of women lawyers with more self-esteem and with a lot of hunger and appetite, which is great!

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