As part of the commemoration of International Women's Day, at Líder Legal we spoke with four women, all professionals in the legal sector, with as many years practicing law as achievements obtained and when we talk about "achievements obtained" we do not refer to recognitions or mentions, but to the position where they are, to the fact that they lead by example and have broken, each from their own space, the "glass ceiling".
They are Davinia Sánchez, managing partner of Kepler Karst Law Firm, Katharina Miller, president of the European Women Lawyers Association, Marta Lalaguna Holzwarth, secretary general of the Madrid Court of Arbitration, and Urquiola De Palacio, managing partner of Palacio & Asociados, president of the Madrid Court of Arbitration, the Madrid Business Mediation Center and the International Union of Lawyers.
In 2022, they demand equal treatment, aspire to see more women in leadership positions, and hope that equal opportunities for women become a strategic objective for organizations and companies. They agree that achieving a more inclusive and just society in terms of equity, equality, and gender diversity is a matter of education within our societies. They ask that, despite the turbulent times we are experiencing, equality be maintained among our objectives and call on both men and women to work together, using all the tools at their disposal, and to recognize that there is still a long way to go in terms of parity and equity.
“The goal is to educate for equality and continue promoting laws that balance inequalities and contribute to equity”
Davinia Sánchez is the managing partner of Kepler Karst Law Firm and an expert in insolvency and corporate law. She has advised both national and multinational companies in insolvency proceedings and their creditors, and has participated in numerous due diligence and corporate restructuring processes. She is a member of Women in a Legal World (WLW) and the Spanish Association of Women Insolvency Professionals (AEMPI).
On a personal level, she hopes that in 2022 she can continue working hard, growing, and learning. “I hope for the same as anyone else: to be able to work regardless of my gender, to develop both professionally and personally. I imagine that all women in the legal sector want and expect something similar, and of course, we all aspire to equal treatment.”
From a more general professional perspective, I hope that 2022 will bring more women to leadership positions and more women gracing media headlines and appearing on "best lawyer" lists across various disciplines. On a personal note, I hope to work with more women on the cases I'm involved in.
Davinia really likes the idea that has become famous thanks to the SDGs: “Leave no one behind.” Leaving no one behind—women behind—is the only way to achieve a more inclusive and just society.
The lawyer believes it's essential that everyone has equal opportunities and that we educate children without stereotypes or gender roles, instilling the concept of equality from a young age. “It surprises me that there are still people who question certain ideas and concepts, when equality benefits all of society because it fosters economic and social development. Professionally, I think it's crucial that we collaborate and support each other, that we refer to one another for projects and initiatives, and so on.”
She affirms that a fundamental step, without a doubt, is for women to be involved in decision-making, and that once we are there, we are listened to and valued. Because it's not enough to simply be present; we need to have active participation.
Regarding the role of women in the legal sector and in our society in general, the jurist reflected, noting that “we are human beings and as such we have the right to full and equal participation in any area of our society, including the legal sector. The mere fact that someone, to this day, can question the role of women in society astonishes and saddens me, but I am practically convinced that, fortunately, few people doubt this idea.”
I could also say that we bring different perspectives and viewpoints, another way of dealing with difficulties, etc. But I also think we already know that.
This doesn't mean, of course, that everything is done, far from it. There's still a long way to go, but we're working on it. I believe that in 2022, the questions we should be asking ourselves are (1) how to put this knowledge into practice—that women are equal players in society, with the same rights and responsibilities—and (2) how it's possible that, if we seem to know the theory so well, we're unable to put it into practice. Luckily, in this country we can ask ourselves these questions; perhaps in others, the basic theory still needs to be explained.
Challenges and opportunities this year regarding equality?
As I've already said, I believe the challenge lies in putting the theory we already know into practice. Eliminating certain subconscious biases is one of the greatest challenges, because it involves changing attitudes and thoughts that aren't intentional. Until that's achieved, true equality will remain elusive.
This is a medium- to long-term goal, and to achieve it we must educate for equality, provide the same opportunities to all people, and continue to promote laws that balance inequalities and contribute to equity.
In the legal sector, we must also continue to instill courage in women so that they step forward and take charge of their professional lives.
“I call for women to be heard more in conflict prevention and resolution and in all efforts to maintain and promote peace and security”
Katharina Miller is president of the European Women Lawyers Association. Her extensive and renowned career led her to become the first ambassador and change agent with the Global Leadership Academy (GIZ); president of the European Association of Women Lawyers and Spain's delegate to the G20/W20. In Spain, she was named one of the Top 100 Women Leaders in 2017 and 2018. She is also a member of the Advisory Board of the Berkeley Center on Comparative Equality and Anti-Discrimination Law at Berkeley Law School.
Katharina hopes for “absolute equality in all areas” this year. Whether we actually achieve it is another matter. By this I mean: many more women in leadership positions at law firms, equal pay for equal work, more women in areas such as capital markets law and not just family law, etc.
She began working as a lawyer 12 years ago. She is registered with the Stuttgart and Madrid Bar Associations. “In 2017, for the first time in German history, there were more women than men registered with German bar associations. Most of my female colleagues work as family or social rights lawyers. However, in that same year, only 10% of women were partners in their firms. The first female lawyer, Maria Ott, was admitted to the bar in Germany in 1922.”
In Spain in 2020, for the first time in history, there are more female lawyers than male lawyers in the 25-45 age bracket. However, only 19% of women are partners in Spain's largest law firms. The first woman lawyer admitted to the bar in Spain in 1922 was Ascensión Chirivella. This means that, at least for the profession as "female lawyers," there is movement in the right direction—for us female lawyers—however, it is very, very slow.
How do we achieve a more inclusive and just society in terms of equity, equality, and gender diversity?
Unfortunately, I don't have a perfect answer or a perfect recipe for this very important question.
There is a study, “Map of the Representation of Women and Men in the Legal Professions in the EU,” published in 2017 and commissioned by the European Parliament’s Committee on Legal Affairs. From this study, I learned (and agree) that “the social status of women and the prevailing family model in a given country are particularly relevant to the situation of women in the legal professions.” If the husband is still predominantly the breadwinner, then it is much more difficult for a woman to work in her legal profession. Another factor is political systems. The study rightly points out that “political systems have profoundly influenced the role and position of lawyers in general and women lawyers in particular, as the history of the former communist countries demonstrates,” in a positive way. In other words, if we want a more inclusive and just society in terms of equity, equality, and gender diversity, we need to change our systems of working and earning money (especially care work, which is usually poorly paid or unpaid and is the responsibility of women) and our political systems.
On the other hand, at least for us European women lawyers, Europeanization and internationalization have had a positive impact on women's participation in legal work, as they have expanded markets in recent decades. Furthermore, the economic situation has also had a positive impact on women's representation in legal work, since a thriving economy needs more lawyers. This means that we lawyers must take advantage of the opportunities that are constantly emerging (for example, now in the field of digital technology).
Regarding the role of women in the legal sector and in our society in general, the lawyer commented that “we are, no more and no less, half the population. Our vision and our needs are sometimes different from those of the other half of the population. Therefore, it is important that we are present. And that many different women are present, from minority groups, with and without disabilities, with and without children, because each of us has different needs – and it is important to give voice and visibility to this diversity and to respect it.”
Challenges and opportunities this year regarding equality?
Now, with the war in Ukraine, I can only pray that we don't enter into a third world war. And that women's voices are heard more in conflict prevention and resolution, and in all efforts to maintain and promote peace and security, as mandated by UN Security Council Resolution 1325.
“Women, like men, play an essential role in the legal sector so that it continues to contribute, grow and serve society”
Marta Lalaguna Holzwarth is the general secretary of the Madrid Court of Arbitration, was counsel of the firm CMS Albiñana & Suárez de Lezo, an associate of Cuatrecasas and is an arbitrator, mediator and recognized litigator in the arbitral and jurisdictional field.
Marta believes that women primarily expect and desire to work under equal conditions with men and that these conditions will be eliminated.problems associated with inequality such as the wage gap, the glass ceiling, or the lack of opportunities based on gender.“In a world as changing and flexible as today's, women need relative stability, a real work-life balance, and an adaptation of working conditions to their particular life stage.
In a more general approach, not associated with gender issues, women expect to overcome the challenges posed by the pandemic and the current global crisis, and also to take advantage of the opportunities that have arisen in the legal sector and continue to grow and adapt in a global and digital world.”
Regarding how we achieve a more inclusive and just society in terms of equity, equality, and gender diversity, the lawyer believes that “achieving a more inclusive society begins with everyone being aware that situations of gender inequality still exist and that we are all responsible and can contribute to changing and solving this. Each individual, within their respective sphere of autonomy and power, both personally and professionally, should become aware of this problem and act accordingly.”
Companies in the legal sector and large law firms are increasingly aware of this issue. Mentoring programs for female lawyers exist, and there is greater awareness of the need to adopt flexible work-life balance policies for both women and men. Equal opportunities for women throughout their careers are now a strategic objective for organizations and companies. All of this demonstrates progress in the right direction, but there is certainly still much to be done.
In arbitration practice, the presence of women has been strengthened thanks to the excellent work and commitment of organizations such as CEA-Mujeres, the Equal Representation in Arbitration Pledge (ERA Pledge), and Arbitral Women. In legal practice, the association Women in a Legal World is noteworthy. All of these are excellent initiatives for fostering connections among women and uniting their efforts.
In general, leading arbitration institutions have taken a leading role in this area by promoting the presence of women in appointments. However, the percentage of female arbitrators appointed by the parties is lower than that appointed by the institutions themselves. The Madrid Court of Arbitration is deeply committed to this issue. We have just published the 2021 statistics, and, as in 2020, of the arbitrators appointed by the Court, 60% were men and 40% were women. However, it is important to emphasize that when the parties appoint arbitrators, only 24% are women, while the remaining 76% are men. This highlights the need for the entire community to become aware of and committed to this cause.
On a personal level, she does not believe that women have or should have a different role than men in the legal sector, "women, like men, play an essential role in the legal sector so that it continues to contribute, grow and serve society."
Challenges and opportunities this year regarding equality?
This year's challenge in terms of equality, which is already a historic challenge, is equal opportunities regardless of gender, the recognition of female talent and the elimination of prejudices that could impose limits or differences for reasons of gender.
I believe the biggest challenge is that, in the future, new generations will not even have to make this effort because equality will be imposed naturally without the gender of one professional or another being relevant.
We are living in times of tribulation, with challenges stemming from COVID and, more recently, from the war in the heart of Europe. Let us strive to maintain equality among our objectives.
Urquiola De PalacioShe is a lawyer, arbitrator, and mediator, with a multifaceted life. She combines her professional practice at the law firm Palacio & Asociados, where she has worked for 30 years and is the managing partner. She is also president of the Madrid Court of Arbitration and the Madrid Business Mediation Center, vice president of the Madrid International Arbitration Center, president of the CEA Women's Commission within the Spanish Arbitration Club, and president-elect of the International Union of Lawyers. She is drawn to teaching, although her time dedicated to this activity at various universities is limited.
She is the youngest of seven siblings, the oldest of whom is 22 years her senior. “That has allowed me to always look up and have many—and good—role models. I am married and have three teenage children (15, 14, and 13 years old), as well as a large extended family—something you could guess from the number of siblings—with whom I love making plans and getting together.”
Urquiola believes that the hopes of women in the legal sector are largely shared by young people entering the workforce: they expect greater equality and for legal professions to be more compatible with a fulfilling personal life. The fight is not only for gender equality, but also for intergenerational and interregional equality.
"Specifically, women also expect to see their presence reinforced in positions of responsibility (in law firms, in corporate legal departments, in high judicial bodies, etc.), because the percentages of women in these positions remain low, despite the fact that in access to the first job and in the first years of the profession the presence of men and women is equal."
She believes that achieving a more inclusive and just society in terms of equity, equality, and gender diversity “is a matter of education within our societies. In that sense, I am convinced that much progress has been made and that new generations will have fully internalized these principles because, for them, they are present from birth. Those we euphemistically call 'the younger generation' will need to be persuaded to succeed.”
I do think it's important to remember that, in values education, we can't neglect other principles such as a culture of effort and responsibility—even sacrifice—which are sometimes forgotten. Providing equal opportunities for men and women doesn't mean that we shouldn't strive to achieve our goals.
“I want to believe that the roles of women and men in the legal sector and in our society in general tend to be the same. Despite this, we perhaps still see a greater role for women in raising global awareness about the need to achieve full equality and in being role models for other women when they have managed to break the glass ceilings that still exist.”
Challenges and opportunities this year regarding equality?
I believe that many of the challenges we face and the hopes we hold are common to men and women, and cut across sectors. We are living through times of tribulation, with challenges stemming from COVID and, more recently, from the war in the heart of Europe, which is shaking the foundations of the world as we know it. Such turbulent times can cause progress toward equality to stagnate—or even regress—as other pressing priorities take precedence and we focus our efforts on them. Let us strive to keep equality among our goals.
