Life in law: Retaining female talent

Welcome to International Women's Day 2026.

Every year we mark International Women's Day, but why, exactly, do we need an International Women's Day and what does it mean for women in the legal sector?

This article is the third in our series of four articles exploring the topic of gender equality in the legal profession.

Not everyone agrees on marking one-off awareness days nor do we all agree on themes. But some facts are hard to ignore.

Based on 2025 data from the World Economic Forum, reaching full global gender parity is estimated to be at least 123 years away, placing the projected achievement date around the year 2148. Not in our lifetimes, our children’s or our grandchildren's - a sobering thought.

The report also highlights that no economy has yet achieved full gender parity. Iceland (92.6%) continues to lead the Global Gender Gap Index, holding the top position for 16 consecutive years, and remains the only economy to have closed more than 90% of its gender gap since 2022.

But it's not all bad news. The UK ranked 4th globally, significantly improving from its previous position, with a gender gap closure score of 83.8%. This places the UK behind Iceland (1st), Finland (2nd), and Norway (3rd).

As for Scotland, while the World Economic Forum's above Global Gender Gap Report focuses on countries, Scotland is highlighted as the top UK region in PwC's 2025 Women in Work Index, ranking 1st within the UK, with strong female labour participation (75%) and a narrowing gender pay gap.

We have chosen to shine a spotlight on the introduction, retention, and advancement of female talent in true diverse style.

In this article, we will be looking at the facts and figures, trends and predictions for the retention and advancement of female talent.

Retention and advancement of female talent

In 2005 a study carried out by the Law Society of Scotland and the Equal Opportunities Commission, concluded: 

“The existing research relating to Scotland highlights a number of recurring themes that do not appear to have altered significantly over the last 18 years, despite increasing female participation within the profession during this time.

There is no evidence of gender discrimination in relation to the recruitment of trainees, and women now have achieved parity at the point of admission to the profession. However these studies disclose that women continue to be disproportionately under-represented as principals in private practice, contradicting those who argued that once sufficient numbers of women entered the profession gender equality would be achieved naturally. The majority of this research further determines that the organisational culture within the profession contributes to gender inequality. 

Advancement depends heavily on the ability to generate new business through effective networking. However such networks have been found to be male oriented and are likely to exclude women. Commitment, demonstrated by adhering to a long-hours culture and presenteeism, is also considered very important for advancement. These demands conflict with women’s greater domestic responsibilities, especially relating to childcare and it is significant that having children presents a barrier to promotion for female solicitors. Female solicitors suffer from being mothers or potential mothers. Moreover women suffer from the application of stereotypical assumptions as to the nature of men’s and women’s work. There is a general perception that the legal profession favours men and that those women who do succeed, conform to male norms as to what constitutes a successful legal professional. For those women who fail to conform, the profession chooses to apply theories of human capital to explain their failure to advance as being a consequence of their own choices, rather than a consequence of structural factors. 

The findings suggest that there is a need for employers to adopt more family- friendly employment practices, including opportunities for part-time working, home working and job sharing. This must be combined with a change in attitudes so that those who work part-time are no longer devalued and it is accepted that women can combine family commitments with positions of responsibility."

Sound familiar? 20 years on what has changed?

Where are we today? Some facts and figures

Hear from Jessica, Sheila and Kirsty, as they share their lived experiences, and what we can do better to retain and advance female talent in the legal profession.

Nil Volentibus Arduum: A woman's journey through law and life By Jessica

International Women’s Day is a moment of both celebration and reflection, a collective pause to honour the women whose determination has shaped our profession, and to consider how far we still have to go toward meaningful equality. For me, this day carries a deeply personal significance. A few years ago, I took my notarial oath on International Women’s Day. My chosen motto was: Nil Volentibus Arduum – Nothing is impossible for the willing – a phrase that has guided every step of my journey, in law and in life.

Coming to Scotland and establishing myself within the legal profession was both an opportunity and a challenge. As an ethnic woman, there were moments when I was the only person in the room who looked or sounded like me. Instead of discouraging me, those moments became powerful motivators, constant reminders that representation matters, and that perseverance can quietly reshape the spaces we occupy.

Yet, as I reflect on the barriers still faced by women in law, one stands out clearly: the difficulty of having open, constructive discussions about flexible working, childcare responsibilities, maternity pay, and pregnancy loss. For women of childbearing age - and I include myself among them - these are critical issues that too often remain unspoken!

Many women postpone having children because they simply cannot afford to survive on statutory maternity pay. It feels like an impossible choice: to have a family or remain a lawyer. That should never be the equation. The lack of support, particularly following pregnancy or miscarriage also takes a heavy toll. I say this with personal experience after spending years studying to qualify – two law degrees, a post graduate diploma in law and a two-year traineeship - I reached a breaking point after my miscarriage.

In my circle, I often heard comments like “you need to move on and focus on being a lawyer”, as if grief had an expiry date. That's when I realised a short break would do me good, stepping away for a few months to heal before returning to the legal world felt not only necessary but right. And I know I'm not alone, many women step away from the profession after giving birth or experiencing loss because adequate structures or empathy is missing.

When I felt ready to return to the legal world, I knew I wanted a fresh start: change of pace, and perspective. I began submitting applications for new opportunties, and one interview still stands out started making applications and one interview still stands out. I was offered the position, but chose to walk away because of the language used. I was asked, “How long did you need to grieve?” And “How much longer do you need to grieve if we are to offer you the job?” In another interview, when I briefly explained that I had taken a break due to my loss, my words were met with silence. The interviewers simply did not know how to respond.

Those experiences were difficult, but they taught me a lasting truth: Comments or silences like that do not retain talent. Even if someone is desperate enough to accept such a position, they will eventually leave. Because people do not leave jobs, they leave cultures.

That understanding has strengthened my conviction that empathy and culture are at the heart of retention. Support structures cannot only exist on paper; they must be lived, felt, and reinforced by leadership. Progress comes not merely from policy, but from reimagining how we value and sustain the people who give their time, skill, and heart to this profession.

What can make a difference is mentorship - the kind that goes beyond career advice and truly invests in a young lawyer’s growth and well-being. My advice to aspiring professionals, especially young women, is to find a mentor early in your journey. A genuine guide and well-wisher can help you navigate challenges with clarity and confidence.

Looking ahead, I'm encouraged by the gradual shift in how we talk about these topics. Since the pandemic, more professionals have begun using platforms like LinkedIn to speak openly about what was once considered taboo - miscarriage, maternity pay, paternity pay, shared parental leave, childcare responsibility and flexible working. This willingness to engage honestly is vital, because if we don't advance together – if we don't ante up - we risk missing the opportunity to define a more inclusive future and more importantly, losing talent.

As I look back on the day I took my oath, I remain deeply connected to my motto: Nil Volentibus Arduum. Through courage, conversation, and collective action, we can create a profession where ambition and compassion coexist. Where no woman has to choose between being a mother and being a lawyer.

Jessica Sunassee-Mackey is an associate and notary public at Kennedys. Her experiences involve general, commercial and employment disputes; occupiers’ and employers’ liability; and historic abuse claims. Originally from Mauritius, she brings a multilingual and multicultural perspective to the Scottish legal profession, supported by dual law degrees from both countries. Jessica’s journey from international student to a Scottish lawyer reflects resilience, leadership, and ambition – qualities that make her a voice to be heard on International Women’s Day.

A career for life: Redefining Success in Law by Sheila

I have been in practice as a lawyer since 1989, when I started my traineeship. I’ve been very lucky in my career, working for some of Scotland’s largest and most prestigious law firms, and having been able to work on high quality litigation at all levels. Like most women, I’ve had occasional clients who were not comfortable with a female lawyer working for them, but, overall, that kind of attitude has been rare for me, and the partners for whom I worked in those early days were supportive of the work I did.

It’s often said you can’t “have it all” but I feel I have been fortunate to be able to combine a busy and interesting career with having twins and a busy successful advocate husband. I moved firms whilst on a maternity break, and joined a new firm, in my first partnership role whilst coping with five month old babies. Some might think that was mad, but a wise colleague many years ago pointed out that you need to ensure that your aspirations and that of the firm or organisation for which you work need to match fairly closely for it to work well. It’s a juggling game sometimes, but with a willingness to be reasonably flexible, and as good a support network as you can assemble, I made it work for me.

Support from my legal partners has been invaluable. At times I’ve had to be confident about what I can do, not always easy for me, but it is important to remember I have something to offer. Positive attitudes about the role of young (ish!) mothers in the partnerships I’ve been in has helped hugely, and I’ve worked on a flexible 4 day a week basis, and then, later, full time when my children were still young. I always found communication was key – making sure people knew when I’d be in the office, when I would respond, and sticking to the promises I made. I also had some great role models from my first days in law – for example, Joyce Cullen at Brodies, and Pamela Lyall at the then Dundas & Wilson – and finding role models and mentors continues to be very valuable for women in the workplace.

Sometimes courage is needed – trouser suits for women were still largely unacceptable when I was a young litigation lawyer but if all the female lawyers in a team work together to appear in trouser suits on the same day, you can, and we did, change minds! Women supporting women.

As my children grew up, I found myself looking for a new challenge. I sought agreement from my partners to join the Council of the Law Society, and did so, then being lucky enough to be elected President for 2023-24 – only the 6th woman in 75 years to hold that role. My year was the most challenging and fun, and I found myself tested in so many ways. But I have found the biggest test has been what to do as that period at the forefront of the profession, and very much in the public eye, came to an end. Though approaching an age when, not so long ago, I could have looked forward to my state pension, I was not, and am not, ready to retire. I did feel that, after more than 20 years as a partner, I needed to make space for younger lawyers to take the helm. My name was well known, both because of the Presidency, and in my day to day area of practice, and I hoped that I could capitalise on that, enabling me to encourage and help younger lawyers as they developed their careers. A young colleague called me “an icon” recently, and though I really doubt I am that (!), being able to give back, both in day to day practice, and through my involvement with the Law Society and organisations like Diversity+, is important to me. I needed to find a role where I could do that, in what I like to think of as the third major period of my career.

So, consultancy beckoned. For me, that means being able to return to focus on the law I still love, in day to day practice, and to work with colleagues to share my experience. I joined Thorntons in November 2025 as a Consultant, where I continue to work full time hours, and am loving being able to concentrate on the commercial dispute work I enjoy. I no longer have quite the same responsibilities as I would have as a partner, but that allows me time to work with colleagues with less experience, and to share what I’ve learned throughout my career. It has been a hugely positive move for me, and demonstrates that nothing need stand in the way of wanting to be a working woman for as long as I want to work. I think there is sometimes a view that consultancy is rather the home of the part time, close to retirement, experienced lawyer who might pop in a day or so a week, but I hope that isn’t the way I’m seen. It’s not, for me, a step backwards, but a way of finding a new way to work, using my skills and experience for the benefit of my clients and my colleagues. A good friend told me I would love being a consultant, and she was right. It’s absolutely been right for me as a way to continue in practice after the Presidency.

Sheila Webster, Consultant, Dispute Resolution

When disputes arise, you need clear advice and practical solutions. Sheila works with businesses and individuals across Scotland to resolve property and commercial issues in the way that suits them best. Her experience spans courts and tribunals at every level, including cases before the House of Lords and the Supreme Court, and she has long been recognised as one of Scotland’s top property dispute experts, with particular skills in commercial landlord and tenant issues.

Sheila’s focus is working with clients to achieve their objectives from the start, achieving them as quickly and cost-effectively as possible. She recognises that disputes are frequently best resolved away from the court room, and has significant experience in all forms of alternative dispute resolution, including arbitration and mediation. She is a qualified arbitrator and trained mediator. She regularly helps clients find solutions through negotiation, arbitration or mediation, as an alternative to going to court.

Alongside her work with clients, Sheila is involved in shaping best practice in dispute resolution. She regularly chairs conferences, and presents on, property and commercial dispute topics, and is a member of the Property Litigation Association, as well as a former chair of the Scottish group of the Association.

She also represents the Edinburgh constituency on the Council of the Law Society of Scotland (having been President for 2023-24) and is a Fellow of the Chartered Institute of Arbitrators as well as an Ambassador for the Scottish Arbitration Centre.

Embracing in-house opportunities by Kirsty Cameron

When I qualified as a solicitor, I assumed my path would follow the well-trodden route: associate, senior associate, partner. Private practice was, after all, what I had trained for. But sometimes the most rewarding careers are those that take an unexpected turn.

My time in private practice post-qualification was brief. While I valued the technical grounding it provided, I found myself drawn to something different, namely the opportunity to work in-house, specifically in a risk role with an international law firm. It was an unconventional move, stepping away from fee-earning work to focus on the operational and strategic challenges facing law firms themselves. Some colleagues questioned the decision, which was understandable, but for me it opened doors I hadn't known existed.

Working in risk within an international law firm offered a unique vantage point. I gained insight into how firms operate at the highest levels, understanding the commercial pressures, regulatory landscape, and strategic decisions that shape legal businesses. The skills I developed (risk assessment, regulatory compliance, strategic thinking, stakeholder management) were different from those honed in traditional practice, but every bit as valuable.

60% of in-house lawyers are women

The statistics in this article are telling: 60% of in-house lawyers are women. This is not coincidental. In-house roles often offer something that traditional private practice struggles to provide: sustainable career progression without the relentless demands of the billable hour. For many women, myself included, this has been a key part of building a long-term, satisfying career in law.

My journey continued when I moved to my current firm, where I now hold a senior in-house role. This progression demonstrates that advancement in law need not follow a single path. Success can be measured in many ways, including influence, expertise, impact and sustainability.

Reflecting on the barriers identified in the 2005 study referenced earlier in this series, many remain relevant today. The long-hours culture, the emphasis on presenteeism, the male-oriented networking, these challenges persist. Yet in-house roles can offer an alternative model, one where contribution is measured by outcomes rather than hours logged, and where flexibility is often more readily available.

My advice to those considering a non-traditional path is simple: be intentional about your choices, but don't be afraid to deviate from expectations. The legal profession needs diverse talent in diverse roles. Not everyone needs to be a partner in private practice for their career to be meaningful and successful. Risk, compliance, operations and legal technology are all areas where legally trained minds add enormous value.

Be intentional about your choices, but don't be afraid to deviate from expectations.

Looking forward, I hope the profession continues to broaden its definition of success. Retaining female talent requires recognising that careers can take many forms, and that stepping away from the traditional partnership track is not stepping down, it is simply moving forward in a different way.

Kirsty is a senior in-house risk lawyer and a committee member of Women in Law Scotland, a professional group dedicated to achieving gender equality in the Scottish legal profession, with a particular focus on supporting, promoting and connecting women across all areas of the legal sector.

A photograph from our Look Up and Beyond project launch

Choosing your own path

It is clear that the retention and advancement of female talent in the legal profession depends as much on culture and strcutures as on formal policy. Talent alone is not enough to sustain a career if the environment does not support life’s realities—maternity, loss, and the juggling of personal and professional commitments.

Mentorship, representation, flexible working and equitable policies are crucial in creating a profession where women can thrive without compromise.

We must continue to advocate for structural change, cultural empathy, and honest conversation so that no woman is forced to choose between ambition and personal fulfillment.

By fostering these principles, we can ensure that the legal profession not only retains its talented women but also empowers them to lead, innovate, and inspire the generations to come.

Flexibility is not a retreat from responsibility, but a deliberate evolution, one that can allow female solicitors to continue practising at a high level while investing in themselves. It can allow much-needed and deserved respite at crucial life stages, and is one solution to retaining talent. Progression does not have to mean permanence in one role. There is more than one way to lead, to contribute, and to remain fully engaged in the law for as long as one chooses.

A career in law does not have to follow a rigid blueprint. It can be shaped and defined in many ways and can take many turns on a path that has an ever-changing landscape.

Thank you for joining us and reading the third in our series for International Women’s Day. We hope it inspires you to champion gender equality in the legal profession and to actively support the retention, advancement, and empowerment of women lawyers at every stage of their careers.

To learn more about the services we can provide to help you reach your gender parity goals, please visit our Look Up and Beyond project website.