#WomensMonth: Empathy and advocacy - Kaamilah Paulse's recipe for women's success in law

Kaamilah Paulse, director and family law specialist at Herold Gie Attorneys

Tell us a little bit about yourself and how you got into law...

Kaamilah Paulse:

I am an attorney and director at Herold Gie Attorneys and head up their Family and Matrimonial unit. I am also a wife and mother of two young adults.

My interest in law started very late, and whilst at UCT doing my undergraduate degree, I chose a law course as an elective and decided law is for me.

What are some of the challenges facing women in the legal industry today?

Most areas of law are male dominated, and women are often not taken seriously, as we do not form part of their boys’ club, or there is an assumption that we won’t make it in the profession. We will either have children and leave the profession, or not take our role in the industry as seriously as our male counterparts. This gender bias approach is often the reason for the existence of pay disparities.

Work-life balance is an ongoing challenge, given the nature of the legal industry, the demands and deadlines of our clients, and trying to find a balance in life.

The lack of representation in leadership roles in most law firms continues to be a challenge. Certain firms have made huge strides in this regard, like appointing female managing partners, or electing females to their executive committee. Aside from the few exceptions, women are underrepresented in senior leadership positions in law firms and legal organisations.

Lastly, and my personal bugbear, harassment, discrimination and microaggressions continue to plague women in the industry. It is encouraging to see that sexual harassment policies rolled out at all firms, including our judiciary.

As a family and matrimonial attorney, there are regrettably many misconceptions that women have, especially in religious and cultural marriages, about their rights in divorce and related legal proceedings. These misconceptions, often created by their spouse, affects women’s decision-making processes and reinforces the importance of having proper information available. My story started with trying to educate women about their legal rights and options in divorce and related legal proceedings.

I have seen the impact on an almost daily basis of how making informed decisions, during often the most difficult time in one’s life can change the course of one’s own life and that of our children.

What do you view as women’s “superpowers” in the courtroom or at the negotiating table?

In my view and experience, women have a far better communication style than many of our male counterparts. Women often excel in communication by being attentive listeners, adept at picking up on nuances, and conveying their clients points persuasively. I often feel that there are less egos in the room when women are sitting at the negotiating table to resolve an impasse and finding a workable solution.

Women bring much needed element of empathy to the negotiating table. Women have the ability to understand and relate to the emotions and perspectives of others and can help the other women and men in the room build trust and are more likely to find a mutually beneficial solution for the situation and their clients.

What do you think is the most important piece of legislation affecting women that has been passed either locally or internationally within the last 45 years?

There have been many changes in the law over the last few decades, but I will mention two groundbreaking decisions that have greatly impacted the lives of, predominantly, women.

On 28 June 2022, the Constitutional Court in the Women’s Legal Centre Trust v President of the Republic of South Africa declared the Marriage Act and the Divorce Act to be inconsistent with sections of the Constitution and recognised Muslim marriages. The court extended the definition of the common law to include Muslim marriages and it was a much-needed step towards all women being able to enjoy the equal rights they are entitled to in terms of the Constitution.

As a consequence of this judgment, President Cyril Ramaphosa signed into law the Divorce Amendment Act on 6 May 2024 to recognise Muslim marriages and safeguard the interests of women and children if they are dissolved.

On 10 October 2023, in the Constitutional Court’s decision of Greyling v Minister of Home Affairs, the main issue before the court was constitutional validity of denying spouses access to certain provisions of the Divorce Act if they were married out of community of property without accrual. The case hinged on the fact that a spouse’s fundamental human dignity is impaired when no recognition is given to the contribution they may have made to the increase in their spouse’s estate during the marriage.

The legal sector has long been considered a male-dominated field. Have you seen this change during your time in practice – and if so, how?

There has been tremendous but slow change over the years. There are more women in leadership positions, more females sitting on executive committees, female attorneys appointed as CEO or managing partners, and more female judges on the bench, but we still have a long way to go to create parity in the industry.

What women-led initiatives should every young attorney know about?

There are a great many women-led professional networking groups and organisations, and mentoring programmes that every young attorney entering into the profession should look into. If you don’t like the idea of a formal mentoring programme, one can participate informally, as meeting with a senior in the profession, who you admire, respect and connect with, will provide invaluable insights, guidance and support in one’s personal and professional growth.

What is your message to aspiring female lawyers this Women’s Month?

Start building your network and working on developing your brand from day one!