Gender inequality and the 'uncomfortable truth' at the heart of legal profession

A new survey led by the Next 100 Years project has shone a light on the prevalence of sex discrimination among the legal profession.

Despite an improved culture of speaking up about prejudices, sex discrimination remains a problem embedded within our sector’s workplace. So much so, 63% of women in law have experienced it in the past five years alone, with just 2% believing the issue has been confined to history.

The Next 100 Years project is the new instalment from the team behind the First 100 Years – both founded by Dana Denis-Smith, who takes over as Law Society president in England and Wales in 2027. This decade-long initiative aims to strengthen the visibility of women in law and to support those yet to join them.

It centres around trying to “achieve equality” for this group. But the survey’s findings are likely to disappoint many, now and further down the line. Only 16% of respondents anticipate women in law will achieve true career equality, while 47% believe this will take another 50 years.

The team conducted their survey in March and April 2025, setting out to unmask more about recent sex-based discrimination. Specifically, they aimed to focus on the milestone of 50 years passing since the Sex Discrimination Act 1975: has there been enough progress?

The findings of the survey of 148 female legal professionals across the UK – not broken down by jurisdiction – are stark. Senior Scottish women in law have spoken to the Journal to share their own takes on its findings. Together, they provide insight into the forms sex discrimination takes across Scotland.

A woman’s (work)place

Laura Meldrum, co-chair of Women in Law Scotland, deems the findings “reminders of the challenges many women in the legal profession continue to face”. She feels those since 2020 specifically “reflect patterns we know aren’t isolated to one region or sector”.

“We recognise the courage it takes to speak up, especially in environments where doing so may feel risky or unsupported,” Laura explains. “We know meaningful change is possible when organisations listen, reflect and act with purpose. We remain committed to working collaboratively across the legal community to build a profession where everyone – regardless of gender – can thrive, feel valued and be treated with fairness and dignity.”

 In particular, Women in Law Scotland encourages institutions to:

• Foster open, respectful cultures where concerns can be raised safely
• Ensure robust, transparent processes for addressing discrimination
• Champion inclusive leadership that reflects the profession’s diversity

Behind the screens

A member of the Scottish Young Lawyers Association (SYLA) recounts an experience that may have also played out in the offices of readers.

“My colleague, who’s senior to me and has been with the company a long time, answered a call from a client. Later, the client emailed me, saying he’d spoken to my secretary.

“The client assumed my colleague was my secretary simply because she’s a woman, and I’m a man. The client, who always speaks to me respectfully, was also extremely rude on the call to whom he assumed was my secretary. My colleague was reserved about the incident but I asked if she’d like to discuss what happened. She explained the entire conversation. The next day, I emailed the client regarding his approach and clarified the person he’d spoken to is my senior. The outcome was positive: he reflected, issuing a written apology. This incident underscores the importance of challenging presumptions and bad behaviour, highlighting how if you’re not part of the solution, you’re part of the problem.

“Overlooking issues like this means we’ll continue to lose talented women at mid-level and beyond. It isn’t just a fairness issue – it means we’re all poorer for missing out on the insights and approaches women bring to every type of legal work.”

The SYLA member network says: “While the profession prides itself on operating as a meritocracy, too many still face societally or profession-imposed glass ceilings at many, if not every stage of their careers. I’ve seen junior paralegals or solicitors passed over for client-facing work or high-profile cases simply because top authorities assume they’ll step back to start families or can’t commit time because of childcare.

“In 2025, many women still have to prove their competence far more than male peers. Women also remain far likelier to undertake non-billable tasks (committee work, diversity initiatives) that may generate little in terms of additional credit but are utilised by their organisations to differentiate from competitors and potentially win work.

“Reports still circulate of clients refusing to engage (or refusing to do so properly) where advice is tendered by a woman, or of assumptions that the woman in the room is a junior or secretary rather than a qualified lawyer. This collectively erodes confidence, reinforcing that women are still viewed as ‘other’.”

Cultural shifts

Lindsay Jack, the Law Society of Scotland’s Head of Diversity, Careers and Outreach, agrees: “These results are concerning reminders of how much work the legal sector still has to do to eradicate workplace discrimination. Scottish solicitors responding to our Profile of the Profession survey suggest such behaviour is less common here, but the reality is that any instance of discrimination is absolutely unacceptable.”

So how should organisations act to keep such incidents as low – or non-existent – as possible?

“The key to change lies in changing workplace cultures,” Lindsay advises. “Networks such as Women in Law Scotland and the Law Society of Scotland’s WIDEN look at issues experienced by women, but it’s up to everyone to drive and support the change that’s needed.

“If you haven’t experienced discrimination, make it your job to listen to those who have. Go to relevant events, listen and believe people’s experiences. We have the power to make the profession a place where everyone can thrive, but only by changing the culture together.”

Rupa Mooker, employment lawyer-turned-advocate for equity, diversity and inclusion in the profession, adds: “These figures are sobering reminders that the legal sector remains far from immune to gender bias. The persistent gap between legal protections and lived experiences of women in law is highlighted with the statistics making it clear that many still feel unable to speak up, particularly when discriminatory behaviour is modelled or tolerated by leadership.”

Change from the top

Lesley Larg is the first female managing partner of Scottish law firm Thorntons. She tells the Journal how the gender breakdown of Scotland’s legal professionals isn’t represented by their gender equality.

“While women make up more than half of all solicitors and account for about two-thirds of new entrants in Scotland, we recognise the industry still has far to go in achieving gender equality. I’ve been managing partner at Thorntons since 2021 but remain one of only a handful [of women in this position] across the UK. The uncomfortable truth is a significant gender imbalance continues at senior levels,” she says.

“At Thorntons, we’re committed to tackling this disparity head-on. Through progressive initiatives, such as enhanced parental leave, flexible return-to-work policies and targeted leadership development, we’re actively creating an environment where everyone, regardless of gender, has opportunities to thrive and progress.”

What has this achieved in practice? “Our approach has delivered meaningful change. Three of the four most recent equity partner promotions are women, and our boards now reflect a 50/50 gender split,” Lesley reveals. “We know there’s still work to be done, but we’re proud to be part of the movement driving lasting change.”

Long may this undertaking last, so Scotland’s lawyers of 2125 can enjoy a workplace reality entirely improved from today’s.