I have always been a little bit of a control freak and this carried on throughout my pregnancy. I kept telling everyone that I would have the baby in August, despite my due date being in September, and that being my first baby, it was unlikely to be early. (I was right as my son was born on 31 August, but that’s another story!)

At nine months’ pregnant, I accepted a brief for a full-day final hearing in Peterborough, 75 miles away from my hospital. Around noon, after some heated submissions in front of the magistrates, I felt a heavy pang, then nothing. During lunch break I made a quick call to my midwife and arranged to go in straight after court, though she wanted me to come in immediately. By some luck, the magistrates gave us their judgment earlier than anticipated and my solicitor had already offered to take note of the judgment to release me early. That day I was told to stop making these journeys to court. My sister, the concerned GP, told me it was time to stop working due to the nature of my job. Reluctantly, I accepted the advice. This was the first step in losing the control I was used to. Over the past year, that control has been further taken, little by little, by my tiny human and the new life in which I find myself.

I wanted to write this article to shed some light on what maternity leave as a barrister looks like pre-leave, while on leave and when back at work. It was written in real time to get my most authentic advice and fears out for you. When I was pregnant, and after having my son, I looked for such articles and was happy to see Counsel’s 2024 parenting at the Bar issue; it gave me solace and I hope this article offers the same to others too.

Preparing for maternity leave

Being self-employed helps in many ways as I get to set my hours. I decide to accept as many cases as possible even if it means working through weekends. Being painfully aware of not getting any notable maternity pay, I set myself a savings goal even before becoming pregnant. I create a spreadsheet with my husband of all our outgoings and divide that in half. I then multiply that figure x 10 (the number of months I intend to be on maternity leave) and then add £5k to that as a cushion (thankfully, as I end up wanting a full year with my son). I also ensure that my business account has enough to cover my January tax bill.

Months 1-3

I thought I would think of work more than I do. Perhaps I am distracted by the very refluxy baby and constant GP runs. The first 12 weeks have flown by, and I am very much happily in awe of my son enjoying the newborn scrunches.

My senior clerk calls me to congratulate me on my Legal500 ranking. This is the first time in the last few months that I have actively remembered that I am a barrister. I squeal and immediately look over at the moses basket – sound asleep – phew. After that call I feel I am missing someone or something; I can’t quite put a finger on it. When I later look up my chambers profile I realise that I miss me, or rather the old me. No part of me wishes things were different but I take a moment to mourn that in-control woman who could come and go as she pleased. If she forgot to charge her phone she was temporarily unreachable but now when she forgets to charge her breast pumps she is told off loudly by a tiny human. That is when I realise that even if I put that suit on after maternity leave, my life will not look the same – even if copious amounts of caffeine can get me to resemble my chambers photo.

Months 3-6

Around this time, HMRC letters start coming in, cuing desperate calls to accountant to ask for reduced payments. All the stress one does not need with a newborn! I prepared for monthly outgoings and tax but the bill is higher than anticipated due to the payment on account for the next year. I seek to reduce it. Clearly, I am not going to be immediately earning the same as my previous year’s income.

There really should be more information and preparation around tax and maternity leave. I am lucky that my accountant is extremely responsive; he came through when I first purchased our home and lenders did not understand barristers’ remuneration and he came through again when I needed to structure my tax during maternity leave.

However, it would be helpful if chambers and/or the Inns of Court would run events around such topics. Often motherhood seminars discuss the sleepless nights and caseloads but not the practicalities of tax, practising certificates and how to speak to your clerks/chambers about what you need coming back from work.

Months 6-9

Thoughts start swirling. How am I to manage all the tasks (mainly the daily laundry) I do now at home when back at work? Some days ‘just’ being a mother is hard enough. Panic creeps in but I push it away as I sing ‘If you’re happy and you know it, clap your hands’ for the tenth time today. Send a quick email to my clerks, laughing off the prospect of returning at ten months and making it clear I will be on leave for the full year. They do not even bat an eyelid; wishing me a good rest of leave and arranging a return-to-work call for a couple of months later.

Months 9-12

Return-to-work chat with Chambers this morning. I envisioned myself with coffee cup in hand, squeezed into one of my old work dresses. Instead, laptop was balanced on the kitchen counter next to tiny human’s ‘sit and play’. No coffee. Only banana porridge being half eaten/half thrown. Oh, and baby somehow managed to disconnect the call – twice. Luckily, my development manager has a sense of humour and two little ones himself, so we bond over the mishaps.

During this call it crystalises that I need to be ready to juggle home and work. I tell myself that as mothers, we balance, we juggle, our reflexes are impressive and our minds are always working, multitasking always interrupted with more tasks. Are these not all the qualities required at the Bar? I remember being told in pupillage interviews that multitasking and thinking on your feet were key qualities of a good barrister. I am yet to meet a mother who does not excel in both in spades.

I resolve to use more of that new word I’ve learned in the past year – ‘no’. No is a complete sentence. Motherhood has emboldened me. Whether to unsolicited parenting advice or to squeezing in a case on my non-working day, I can, and do, say no. Priorities have changed. For me, events on weekday evenings are going to be a no-go for some time. During these early months I do not want to be away from tiny human. Having grown him for ten months and then been with him exclusively for 12 months, being without him during the day is going to feel like a missing limb. On top of that, evenings away is simply not what I wish to do. Difficulty is that networking is done at these events. I make myself an action plan to try to do more lunches on the days that I already have and pay for childcare.

First weeks back

Is it harder than I imagined? Surprisingly, no. Is it different? Yes. I realise I cannot get all the things I want done as quickly as before and I do need to lean on others more. I am lucky to have that option. I have an incredibly supportive husband who, since the birth of our son, has ensured I have time to myself, pushes me out the door and has made writing this piece possible.

On my day off, I am balancing baby on the hip, washing up raspberries for him and having a quick look at my emails to make sure papers for the case later that week have arrived so I can prep during his nap. However, I feel as though I can give my baby more of me on my days off, as I get a piece of my identity back on my working days, making me more grateful for the time I do have with him.

I would argue that becoming a mother has made me a better family barrister. I feel more deeply for my clients’ predicaments. I understand more why a certain handover time makes more sense because otherwise it would change the nap schedule – and no one should ever interfere with a baby’s nap!

Lessons learnt

1. Solicitors will remember you – and yes, you should and can remind them

My trusted solicitors are already instructing me. I made sure to have touch-ins over the year I was away from the Bar, informing of my return, arranging coffee meet-ups with baby and bombarding them with cute baby photos. These are some of the ways you can remind your solicitors of your existence. While I was not working as a barrister, I still tried to do some relevant outreach as it worked both ways – I motivated students, and they reminded me why I loved my job and wanted to return. I was lucky enough to do a talk at my university on a career at the Bar, and juggling motherhood with said career, while having my son in a baby carrier.

2. You can and should dictate days/times you work

You are self-employed. It is for you and your family to decide what your return will look like and then that needs to be communicated to your clerks. For the first six months I decided I wanted to work three days a week, Tuesday-Thursday, with Mondays and Fridays untouchable. I have advised that after half a year, I will still wish to work three days a week, but that clerks can book me between Monday-Thursday. However, once three cases are booked, my diary is closed – no questions asked.

I also made it clear that travelling on three trains, a bus, a taxi and walking 18 minutes to a court uphill is not going to work. I can travel a maximum of 1.5 hours from home. I also make sure I hold my clerks to it. That is my job. My clerks manage the diary of 65 odd members; they cannot possibly always get it right. If they don’t, I raise it quickly to ensure my solicitors are not affected and neither am I.

It was refreshing to read ‘Returning to work – crucial clerking’ (Ben Heaviside, Counsel, November 2024). I particularly agree with the part about training junior clerks on being sympathetic and flexible about parental leave, as they are most often the ones booking in the cases in your diary.

3. You do not need to explain yourself

I am an over explainer. I feel guilty saying I have a dentist appointment and feel the need to explain I am one of those unlucky people who have a fifth wisdom tooth and it hurts. Since becoming a mother, if I need to book a day off for my son’s nursery inset day, that is what I will do – without going into the history of inset days.

4. Speak to others

Strength comes in shared experiences. Since becoming a mother, I have a newfound admiration and awe towards women in general, parenting or not. I have spoken to juniors who are considering having children, but do not yet feel ready to take the leap due to not being sure about how to balance it all. My advice is to speak to other working mothers, whether at the Bar or otherwise. The experience of others can help in making a more informed decision either way.

I certainly leaned on members of my chambers about how to navigate clerks and my diary coming back. A wonderful member of chambers said to me: ‘Learn what you are prepared or not prepared to do, even if that means losing some work as a result.’ I needed to hear that advice. 

Counsel’s 2024 parenting at the Bar special issue
Bar Council parental support resources
Bar Standards Board CPD and extended leave information page
Update on breastfeeding at the Bar – in court and in chambers
A few months into my maternity leave, I came across the article in Counsel on ‘Breastfeeding at the Bar’ written by lactation specialist Sally Rickard IBCLC and 4PB’s Charlotte Baker (Counsel, November 2024). I wondered whether reading it would cause me more anxiety, but I did turn to it during one 4am feed.
Sally and Charlotte surveyed mothers at the Bar who were breastfeeding/had breastfed. I was saddened to note that when asked if anyone in chambers had approached them proactively about their needs as a breastfeeding mother, the answer was ‘no’ across the board.
Finding suitable pumping facilities/time/storage/space was the top concern they had in advance of returning to work, and unfortunately their concerns were found to be valid:
‘Seven [of the ten respondents] had pumped in a toilet and in the car, and four had pumped somewhere which felt too public for their liking. When it came to pumping in court, only one woman had always had a truly suitable place to pump (i.e. a clean, lockable room with handwashing facilities). Another woman said they had sometimes experienced that – but the vast majority (eight out of ten), reported they had never had a truly suitable place to pump in court…
‘Time and time again, respondents described having to independently organise everything they needed and even then, having to throw away milk.’
One respondent described the pressures around maintaining her supply during a six-day trial when her baby was 4.5 months old:
‘The silk leading me was very uncomfortable about it and wanted me on hand all the time so finding time to do it was hugely difficult. And [as] I was being led I found it harder to just ask the (male) High Court judge for breaks.’
I was horrified to read all this. The choice to breastfeed is incredibly personal, and the factors for that decision should not include thinking about whether a judge would be cross and whether court staff can find you a loo or supply closet to pump in.
When I raised this in my chambers’ women’s group chat, I was happy to hear that proposals for change are under way. Amelia Wilson (36 Family) has drafted a breastfeeding policy which has been taken forward by Mary Prior KC (36 Crime) to the Senior Presiding Judge. We are told that the SPJ has raised it with HMCTS and a response is awaited.
We anticipate that the new breastfeeding policy for the HMCTS court and tribunal estate will be detailed due to the diligent work of Amelia. Here is a summary of the proposals to hopefully put any 4am readers’ minds at rest:
  • Under the Workplace (Health, Safety and Welfare) Regulations 1992 there is a duty to provide suitable rest facilities for breastfeeding mothers.
  • Those who wish to breastfeed will be encouraged to do so by provision of rest facilities and breaks for breastfeeding and/or expressing breastmilk.
  • The space provided will be a private, clean and safe space and secure from intrusion to protect women’s privacy, safety and dignity.
  • The space will have an electric socket, a surface to place breast pump, a comfortable bed or sofa.
  • An appropriate private space is not the toilets nor the car park.
  • Access will be given to a fridge space to ensure safe and appropriate storage of breastmilk, and to running water to allow washing of any equipment.
  • Copy of the breastfeeding policy will be provided to all court managers, ushes and court security who often are the first point of contact.
  • Requests to store breastmilk or rest facilities will be dealt with appropriately and the information about the facilities will be shared either upon request being made whether in advance or on arrival to court.
  • Breastfeeding mothers are entitled to more frequent rest breaks. Such requests will be supported and the breastfeeding mother will be able to leave on time to reduce the risk of discomfort, breast engorgement or infection.
In response to an enquiry by Counsel magazine as to when the new policy will come into effect, an HMCTS spokesperson said: ‘We know how important it is to support those who need to breastfeed or express in the workplace.
‘That’s why we are reviewing our breastfeeding policy and updating our staff guidance to ensure facilities are accessible in all of our buildings.’
HMCTS is in the process of confirming that suitable rooms or spaces have been identified in all of its buildings to support court users who wish to breastfeed or express.
Meanwhile, in October, 4PB launched the first known chambers breastfeeding policy for members and staff. Spearheaded by Charlotte with specialist input from Sally, the policy allows for regular lactation breaks, a designated fridge for expressed milk, sterilisers and thermometers, as well as provision of a private, clean and lockable room near running water for washing hands and rinsing out breast pump parts.
Importantly, the policy also aims to foster a better understanding as to how people can best support their breastfeeding colleagues, both in chambers and at court. We look forward to other chambers soon following suit, and launch of the revised HMCTS policy and facilities.