Representation matters

In her interview with Michael Clancy, Baroness Smith of Cluny KC highlighted that representation is important, and it goes beyond gender.

Baroness Smith of Cluny KC, the Advocate General for Scotland, provided a poignant discussion on the importance of representation within the legal profession at the Society’s Annual Conference. She emphasised the critical role of trailblazers in paving the way for future generations while sharing personal insights into her career and family life. Her reflections highlight the need for continuous efforts to foster diversity and inclusivity in the legal field.

A tribute to trailblazers

Baroness Smith paid tribute to the women who broke barriers in the legal profession, such as Dame Margaret Kidd, the first female advocate and the first woman to “take silk” in Scotland. Acknowledging the challenges these pioneers faced, she remarked, “I can’t begin to imagine what these women had to deal with and obviously did so with great grace in order to achieve what they achieved”. These women, she noted, laid the foundation for current female professionals, and their contributions continue to inspire.

Baroness Smith also reflected on her pride in being one of three female law officers, alongside the Lord Advocate and the Solicitor General of Scotland. However, she cautioned against viewing such achievements as a signal that gender disparities have been fully addressed. “It’s great…but I’m a little bit wary of the idea that we can look at that and say, ‘All right, okay, well then it’s all fine now.’ It absolutely isn’t”.

Addressing structural inequities and bias

Diversity, according to Baroness Smith, extends beyond gender to include various underrepresented groups, particularly those facing multiple disadvantages. Reflecting on the legal profession’s historical shortcomings, she observed, “We have not covered ourselves in glory in terms of paying attention to underrepresented groups, and in particular…individuals who carry more than one underrepresented characteristic”.

She highlighted the importance of mentorship and role models in fostering aspirations among younger generations. “There’s no chance of someone from any underrepresented group believing that they can do something unless they see it,” she stated, adding that visible examples within the profession are essential to inspiring belief and ambition.

Personal stories of representation

Baroness Smith shared an anecdote about a female advocate who became a role model for her early in her career. This advocate, despite facing the challenges of raising two young children, successfully achieved silk, reshaping Baroness Smith’s perceptions about balancing career and family. “It completely changed how I viewed my career…sometimes you need examples that are a little bit closer to home,” she remarked.

Another touching story involved her young daughter’s early perceptions of judges. Baroness Smith recounted how, during her daughter’s nursery years, she would joke about getting into trouble with a judge if they were late for school. This playful exchange evolved into a narrative where her daughter imagined the judge as a fierce woman. “Six months later, she came and said, ‘Mummy, are men allowed to be judges?’” Baroness Smith recalled, describing the moment as a subtle but impactful victory in shaping her child’s worldview.

The economic and social implications of inclusion

Baroness Smith highlighted the economic and societal importance of ensuring representation across the profession. With women comprising 60% of new entrants into the solicitor branch, she questioned why challenges persist at senior levels, urging firms to make structural changes. “If you’re making 60% of your cohort women…who are not being properly supported in the different changes that take place more commonly in a woman’s life, then it’s just bad economics”.

Further emphasising that such issues are not merely “women’s issues” but societal concerns requiring collective action. “We need the men to be talking about this; it’s not just a women’s issue. It’s an economic issue, a societal issue,” she asserted, calling on male allies within the profession to advocate for equity.

Baroness Smith’s reflections underline the importance of representation and mentorship in shaping a diverse and inclusive legal profession. Her personal anecdotes serve as both a reminder of the strides made and a call to action for addressing persisting inequities. Listening to Baroness Smith at the Society’s Annual Conference, as she blended professional insights with personal experiences, offered a compelling case for the ongoing need for equality in the profession and ensuring that future generations see themselves reflected within it.

Summary provided by Rebecca Morgan, Editor.