Are we there yet? Best practices for diversity and inclusion in Australia

ABSTRACT

This article reports on the findings of a pilot research project investigating current best practices, operating within national law firms in Australia, that support women lawyers in their advancement to partnership and other leadership positions. Academic research and professional body reports suggest that current diversity and inclusion (D&I) initiatives across the private sector are not resulting in significant change to advancement, retention and attrition of women in the legal profession. However, work done by the Women Lawyers’ Association of New South Wales in Australia, through the Data Comparison Project (DCP), indicates that some firms have made better progress than others. Building on the DCP, this article presents the findings of a pilot project involving in-depth interviews with four of the top-achieving national law firms in Australia on gender equity criteria. It finds that these firms are collectively engaging with many of the best practice initiatives for D&I recommended by the current national and international research and scholarship, and in some instances go beyond international best practice. What is apparent, however, is that the current best practices have yet to achieve significant advancement of women, or to break through the glass ceilings that continue to operate for women in large Australian law firms.     

Seeing is believing: observer perceptions of trait trustworthiness predict perceptions of honesty in high-stakes emotional appeals

Instantaneous first impressions of facial trustworthiness influence the manner in which observers evaluate ensuing information about stranger targets [e.g. Porter, S., &; ten Brinke, L. (2009). Dangerous decisions: A theoretical framework for understanding how judges assess credibility in the courtroom. Legal and Criminological Psychology, 14, 119–134. doi:10.1348/135532508X281520]. In two studies, we examined the association between perceptions of general trustworthiness and honesty assessments in an extremely high-stakes sample – individuals publicly pleading for the return of a missing relative, half of whom had killed the missing individual. In Study 1, observers (N?=?131) provided trustworthiness ratings – either before or after viewing and evaluating the honesty of videotaped or audio-only pleas – for a still image that depicted a neutral expression on the face of each pleader. In Study 2, observers (N?=?220) evaluated the sincerity of audio pleas paired either with an untrustworthy-looking target, a trustworthy-looking target, or no target face. Collectively, our findings indicated that first impressions of trait trustworthiness form the basis of state judgments of honesty, potentially contributing to misguided credibility assessments and miscarriages of justice in the legal system.     

Possible role of pseudoephedrine and other over-the-counter cold medications in the deaths of very young children

The Philadelphia Medical Examiners Office has reported a series of 15 deaths between February 1999 and June 2005 of infants and toddlers 16 months and younger in which drugs commonly found in over-the-counter (OTC) cold medications were present. A total of 10 different drugs were detected: pseudoephedrine, dextromethorphan, acetaminophen, brompheniramine, carbinoxamine, chlorpheniramine, ethanol, doxylamine and the anticonvulsants, phenobarbital, and phenytoin. The drugs were confirmed and quantified by gas chromatography (GC)-mass spectrometry, with the exception of ethanol, which was analyzed by headspace GC and of phenobarbital and phenytoin that were quantified by GC with a nitrogen phosphorus detector. The most predominant drug was pseudoephedrine, which was found in all of the cases (blood concentration, n=14, range=0.10-17.0 mg/L, mean=3.34 mg/L) and was the sole drug detected in three cases. Acetaminophen was detected in blood from each of the five cases with sufficient sample. Other drugs (with frequency of detection) were dextromethorphan (five cases), carbinoxamine (four cases), chlorpheniramine (two cases) and brompheniramine, doxylamine, and ethanol (one case each). In the majority of the cases, toxicity from drugs found in easily available OTC medications was listed either as the direct cause of death or as a contributory factor. The manner of death was determined to be natural in only two of the cases. This postmortem study supports previous evidence that the administration of OTC cold medications to infants may, under some circumstances, be an unsafe practice and in some cases may even be fatal. The treating physicians and the general public need to be made more aware of the dangers of using OTC cold medications to treat very young children so that these types of tragedies might be avoided.     

Expert intervention: knowledge,violence and identity during the Algerian crisis, 1997–1998

Civil wars and humanitarian intervention became two of the most dominant security concerns of the 1990s and Algeria was one of the many sites where these discourses were played out, especially during the wave of massacres that claimed the lives of hundreds (if not thousands) of Algerian civilians between mid-1997 and early 1998. The internationalization of the Algerian Civil War was driven as much by the horrific violence as by a lack of certainty as to the identity of those perpetrating the massacres. The indeterminacy of violence in Algeria provided the warrant for experts to fill the void. Yet interpretations of the violence in Algeria, coupled with the generic logics of intra-national armed conflicts and the use of international coercive force for the protection of human rights, produced divergent problematizations of the crisis. This paper thus examines the ways in which Algeria was, and often was not, produced as a civil war and a humanitarian crisis by expert and scholarly knowledge and practice. Through an analysis of the exclusionary effects of the dominant understandings of political violence in Algeria, we are able to understand the conceptual impasse that faced international action against the massacres.     

Diversity policies meet the competency movement: towards reshaping law firm partnership models for the future

Globalisation, commercialisation, and economic pressures following the global financial crisis have produced a ‘new normal’ for the practice of law in private firms, requiring reassessment of the range of skills necessary for success. Scholarship in the ‘competencies movement’ has responded to this need for skills reassessment. At the same time, research and scholarship focused on increasing diversity and inclusion in law firms has blossomed. However, little attention has been paid to analysing synergies in the competencies and diversity movements, and there have been calls for more collaborative research between academics, firms and professional bodies in response to issues of diversity and inclusion. This article presents a collaborative research project between law firms, the Women Lawyers Association of New South Wales, and the Legal Intersections Research Centre at the University of Wollongong on current best practices in diversity in large Australian law firms. It argues that such collaborative projects, with a focus on synergies between the competencies and diversities movements, provide the greatest potential for reshaping law firm practice and partnership models to respond to issues of advancement, attrition, and lack of re-engagement, particularly by women in law firms.     

Cultural climate change

The cultural climate in the last year has changed globally with potential significance for stability. Unless politicians, defence forces and ministries learn to monitor cultural tensions as effectively as environmental ones, they will constantly find themselves surprised. Failing security is a symptom, not a cause, of social and political unrest. In much the same way the current rush to religion is symptomatic of the battle between conservative and liberal agendas, with conservative forces summoning renewed religious zeal to redefine identity and counteract freedom of movement, behaviour, expression and belief. It is a battle liberal thinkers cannot afford to lose.