2023 targets achieved but further action is needed to improve equitable briefing

As one of the largest briefers in the state, we have the opportunity to influence positive change in equity and diversity of our profession.

Our Equitable Briefing Strategy was launched in 2022, to guide fairer briefing practices and create more opportunities for women and diverse groups at the Victorian Bar.

As part of our strategy, we set equitable briefing targets over four years and committed to reporting our progress openly and transparently.

Our progress toward equitable briefing in 2022–23

In the 2022–23 financial year:

• 42 per cent of our in house briefing fees were paid to women counsel
• 31 per cent of panel practitioner briefing fees were paid to women counsel.

(Data source – VLA Data Assist equitable briefing data reports, captured on 16 November 2023.)

This means that we have achieved two of our equitable briefing targets for 2023, that:

• at least 40 per cent of all our in-house briefs / briefing fees going to women counsel (junior and senior)
• at least 30 per cent of all panel practitioner briefs / briefing fees going to women counsel (junior and senior).

Targets for diversity of counsel

In 2022–23, 1 per cent of our in house briefing fees and 0.22 per cent of panel practitioner briefing fees were paid to barristers at firms where gender wasn’t recorded. (Data source – VLA Data Assist equitable briefing dashboard, 16 November 2023)

Our third commitment is to develop and implement targets for briefing of diverse of counsel including across all our in-house briefs by 31 December.

Unfortunately, we missed our target of obtaining and analysing briefing data of diverse counsel by the end of 2022. However, we are continuing to work toward achieving this in 2024 through new initiatives.

We remain committed to our goal of obtaining data about diversity of counsel, including whether barristers identify as gender diverse, culturally and linguistically diverse, First Nations, as a person who lives with disability, and/or LGBTQIA+.

We are working very hard to develop a solution to sensitively and appropriately collect this data. We hope to have this ready early in 2024 to enable us to catch up by implementing targets for briefing diverse counsel.

The briefing fee difference in dollars

When considering the total briefing fees paid for all legally aided cases for the 2022–23 financial year, we see a sobering difference – men barristers were paid more than $10 million more in fees than women barristers.

Of our total briefing fees paid for all legally aided cases 2022–23:

• women barristers were paid $9,817,900 (33%)
• men barristers were paid $20,088,796 (67%)
• $119,933 (0.4%) was paid to barristers whose gender was not recorded.

(Data source: VLA Data Assist equitable briefing dashboard, 16 November 2023)

Executive Director, Family Youth and Children’s Law, Joanna Fletcher says this is an important reason why we remain committed to progressing the Equitable Briefing Strategy.

‘To keep meeting our progressive targets, we need to do more work, both internally and with the wider legal profession to make real and meaningful change in who is being briefed.’

We’ve also reported our internal briefing data to the Law Council of Australia

This time last year, we reported briefing data for our in-house practitioners for 2021–22 to the Law Council of Australia. This is part of our commitment as a signatory to the Law Council’s equitable briefing policy.

We have recently submitted our updated data for 2022–23, with our results showing:

• 47 per cent of barristers (217) briefed by our in-house lawyers were women
• 53 per cent of barristers (243) briefed by our in-house lawyers were men

Note: these statistics are slightly different to those measuring progress against our own equitable briefing strategy. These figures reported to the Law Council are based on the number of barristers briefed, rather than the total of briefing fees paid. (Data source: VLA equitable briefing data reported to the Law Council of Australia, 9 October 2023)

Joanna says that these results have improved slightly on last year, when 46 per cent of barristers briefed were women.

‘Our goal for 2024 is for 50 per cent of briefs / briefing fees to be going to women and gender diverse counsel.

‘To achieve this, we will need to have a strong focus on improving our equitable briefing practices over the next year.

‘We are currently planning how we can support staff and panel practitioners in this, through promotion of our briefing principles and through training and development opportunities.’