Author: Elena Chrysostomou
Until 1919 women were prevented from entering certain professions, such as practising as solicitors. Bebb v The Law Society[1] was influential in the campaign for female solicitors. This case eventually resulted in the passing of the Sex Disqualification (Removal) Act 1919 (1919 Act). The inclusion of women in the legal profession is important as it not only marks a shift in societal views towards women’s abilities, but also provides an opportunity for women to participate in the legal system as advocates as well as clients. This piece will explore the justification for prohibiting women from becoming solicitors as well as the enduring effort by Gwyneth Bebb and her fellow feminists to campaign for female solicitors. Finally, it will examine the effects of the 1919 Act which, initially, benefited only a limited number of women, resulting in the slow process of diversifying the profession and, ultimately, the legal system. This slow progress continues to be reflected in the UK’s judiciary and law firms.
In 1912 a private bill was presented to Parliament which sought to allow women to become solicitors. However, due to a lack of support, it failed. This resulted in the Law Society agreeing to a test case concerning female solicitors; Bebb, along with three other litigants were chosen, with Bebb bringing the test case.[2] Bebb had achieved great academic success, passing the Oxford entrance exam in 1908. She achieved a First Class in jurisprudence, though she was not awarded the degree due to her sex.[3] The case failed at first instance and went to appeal.
Bebb’s case was no more successful upon appeal despite the compelling evidence presented by Lord Cecil -Bebb’s lawyer. Lord Cecil argued that in the past women had been attorneys and had held public offices,[4] drawing attention to the inconsistency of the law while demonstrating that women had shown interest in and were capable of holding such positions. An integral part of Bebb’s case was s. 48 of the Solicitors Act 1843 (1843 Act). Bebb sought to interpret words like ‘person’ as including females, unless there was something ‘repugnant’[5] to that interpretation. However, the judges chose to look to ‘common law tradition’.[6]. At the time of the case, Bebb, paradoxically, was an ‘Investigating Officer for the Board of Trade.’[7] She worked in the public sector (something women were intended to be exempt from) bringing prosecutions and performing similar work to a solicitor.[8] The judges all chose to rely on a 300 year old judgement which stated that women could not be attorneys.[9] Furthermore, the Judges dismissed the evidence that women had acted as attorneys and held public offices as it did not negate the ‘long uniform and uninterrupted usage’[10] that only men could practice as attorneys and solicitors. The Judges felt that parliament surely could not have intended for women to be included in the legal system; women had never practiced as solicitors and therefore they never could.[11] It could be argued that the Judges were simply applying the common law, and that substantial change must be left to the legislators. However, Mossman notes that the ‘same legal principles’[12] in other jurisdictions were used to allow women to enter the legal profession. Thus, there is evidence of the Judges’ prejudice influencing their decision, ultimately reaffirming male dominance in the legal system.[13]
The case garnered public and media attention with significant support for female solicitors, for instance from the Express.[14] Bebb, alongside feminists and supporters of women, kept the matter in the public eye by utilizing organizations like the ‘Committee for the Admission of Women to the Solicitors’ Profession.’[15] The Committee presented a relevant bill. However, WW1 halted the its activities.[16] WW1 provided an opportunity for women to prove themselves valid and capable workers. As many men had left to fight, women often performed jobs which would had been denied to them. For example, solicitors’ daughters became articled clerks in order to keep law businesses in the family.[17] Bebb along with others kept the issue of women practicing as solicitors in the spotlight by writing and publishing articles.[18] Bebb continued to work for the Board of Trade until 1917 when she moved to the West Midlands and worked for the National Service for Women as Commissioner for the West Midland division[19] and subsequently as the Assistant Commissioner for Enforcement for the Ministry of Food.[20] This resulted in Bebb being awarded an OBE for her services, where she would, again, conduct prosecution work similar to that of a solicitor.[21] The recognition of Bebb’s work presented a shift in social attitudes; women’s work was being acknowledged and valued.
After WW1 social attitudes towards women shifted, aiding the passage of the 1919 Act. Economic necessity also contributed, as many men had died; there was a significant decrease in husbands and fathers available to financially support women.[22] It has been suggested that if it had not been for the War it is unlikely that the 1919 Act would have been passed.[23] Despite this argument, it is important to recognise that the War presented an opportunity women chose not to squander, successfully changing the minds of the majority voting on the bill. The 1919 Act was more comprehensive than anticipated. It allowed women to become solicitors and barristers as well as to perform jury service. However, whilst this may seem like an overwhelming victory for all women (they were largely equal to men in opportunity for work and had the chance to participate in the legal process), in reality very few women initially benefitted. Initially women with husbands and fathers in the legal profession exclusively benefitted from the new Act because they ‘shared the same social, ethnic, class characteristics of the men already there’.[24] It was not until the 1950s that there was a ‘largescale graduate’[25] female entrance into the legal profession. This highlights the lack of diversity which permeated the legal profession. It was not until education became more accessible, with an increase in the number of Universities which appealed to women,[26] that the legal profession began to diversify. Women had had opportunities to enter higher education before the 1950’s. For instance, it is likely that Bebb benefitted from a Scholarship from St Hugh’s Hall in Oxford [27] which allowed her to read Jurisprudence. However, at the time of Bebb’s attendance in Oxford ‘higher education […] was neither novel nor normal’[28] and attitudes around women’s entitlement to participate in higher education had not significantly changed, as demonstrated by the riots at Cambridge in 1920 over entry of women.[29] Furthermore, scholarships were incredibly competitive and initially the number of female undergraduate scholarships were minimal.[30] Thus, the majority of women who could pursue legal education were, initially, those from wealthy families.
Bebb’s story is an important one as it highlights the slow and arduous process of change, embodied in the resistance women faced regarding entrance into the legal profession and the reluctant diversification of the legal system.
Footnotes
[1] [1914] 1 Ch 286
[2] Rosemary Auchmuty, ‘Whatever Happened to Miss Bebb? Bebb v The Law Society and Women’s Legal History’ (2011) LS 212-213
[3] ibid 202-204
[4] (n 1) 287-288
[5] Solicitors Act 1843, s48
[6] Kristin Brandser, ‘Alice in Legal Wonderland: A Cross-Examination of Gender, Race, and Empire in Victorian Law and Literature’ (2001) Harv Women’s LJ 250
[7] Rosemary Auchmuty ‘Recovering Lost Lives: Researching Women in Legal History’ (2015) J Law & Soc 39
[8] ibid
[9] (n 1) 292
[10] ibid 294
[11] Christine Alice Corcos, ‘Portia Goes to Parliament: Women and Their Admission to Membership in the English Legal Profession’ (1998) Denv U L Rev 374
[12] Mary Jane Mossman, The First Women Lawyers: A Comparative Study of Gender, Law and the Legal Professions (Hart Publishing 2006) 278
[13] Corcos, (n 11) 375
[14] Auchmuty, (n 2) 214
[15] Corcos, (n 11) 379
[16] ibid 380
[17] Auchmuty, (n 2) 221
[18] ibid 220
[19] ibid 218
[20] ibid 219
[21] ibid
[22] ibid 221
[23] Corcos, (n 11) 327
[24] Eleni Skordaki, ‘Glass Slippers and Glass Ceilings: Women in the Legal Profession’ (1996) Int’l J Legal Prof 14
[25] Anne Logan, Feminism and Criminal Justice: A Historical Perspective (Palgrave Macmillan 2008) 81
[26]Barbara Read, Carole Leathwood, Gender and The Changing Face of Higher Education: A Feminized Future? (McGraw-Hill Education (UK) 2009) 49
[27] Auchmuty, (n 2) 202
[28] ibid 209
[29] Read, Leathwood, (n 28)
[30] Carol Dyhouse, Students: A Gendered History (Routledge 2006) 16-22
[31] Rosemary Hunter, Clare McGlynn, Erika Rackley, Feminist Judgements: From Theory to Practice (Hart Publishing 2010) 33
[32] Alexandrine Guyard-Nedelec, ‘Discrimination Against Women Lawyers in England and Wales: An Overview’ (2007) Gender Forum < http://genderforum.org/wp-content/uploads/2017/05/200717_WorkingOutGender.pdf> accessed 3 October 2017
[33] Corcos, (n 11) 399
[34] Guyard-Nedelec, (n 38)
[35] ibid
[36] Law Society, ‘Diversity Profile of the Solicitors’ Profession 2015’ (2016) Law Society 2
Bibliography:
Books:
- Dyhouse C, Students: A Gendered History (Routledge 2006)
- Hunter R, McGlynn C, Rackley E, Feminist Judgements: From Theory to Practice (Hart Publishing 2010)
- Logan A, Feminism and Criminal Justice: A Historical Perspective (Palgrave Macmillan UK 2008)
- Mossman MJ , The First Women Lawyers: A Comparative Study of Gender, Law and the Legal Professions (Hart Publishing 2006)
- Read B, Leathwood C, Gender and The Changing Face of Higher Education: A Feminized Future? (McGraw-Hill Education (UK) 2009)
Articles:
- Auchmuty R, ‘Recovering Lost Lives: Researching Women in Legal History’ (2015) J Law & Soc 34
— ‘Whatever Happened to Miss Bebb? Bebb v The Law Society and Women’s Legal History’ (2011) LS 199
- Brandser K, ‘Alice in Legal Wonderland: A Cross-Examination of Gender, Race, and Empire in Victorian Law and Literature’ (2001) Harv Women’s LJ 221
- Corcos CA, ‘Portia Goes to Parliament: Women and Their Admission to Membership in the English Legal Profession’ (1998) Denv U L Rev 307
- Law Society, Diversity Profile of the Solicitors’ Profession 2015’ (2016) Law Society 1
- Skordaki E, ‘Glass Slippers and Glass Ceilings: Women in the Legal Profession’ (1996) Int’l J Legal Prof 7
Online Journal:
- Guyard-Nedelec A, ‘Discrimination Against Women Lawyers in England and Wales: An Overview’ (2007) Gender Forum < http://genderforum.org/wp-content/uploads/2017/05/200717_WorkingOutGender.pdf> first published in 2007, accessed 3 October 2017
Cases:
- Bebb v The Law Society [1914] 1 Ch 286
- Prosecutor v Akayesu Case No ICTR-96-4-T (2 September 1998)
Statutes:
- Sex Disqualification (Removal) Act 1919
- Solicitors Act 1843