Clare Fielding, co-founder and managing partner of specialist planning firm Town Legal, discusses her experience transitioning, her D&I responsibilities as a law firm leader, and becoming a ‘reluctant activist’
How easy did you find it to come out professionally, and what were the biggest barriers you faced when making that decision?
I didn’t transition while I was in my legal career, but came into the law having transitioned several years previously in the early 1990s. At that time, there weren’t trans policies, or anything like that.
Ultimately, transitioning wasn’t a choice, it was something I was compelled to do. At times it was scary, but the big challenge was coming into work having left with one personal identity and coming back in with a different one.
Obviously, there is the change of gender, but to be perfectly honest the bigger challenge was just having a different name and different identity – that was a bit weird for a while. It takes a while before the person you are now presenting as actually becomes you – the real you (if that makes sense!).
Has the industry changed since you transitioned in the 90s?
When I transitioned I found that people were generally very accepting and very supportive. I think now, in the legal profession, there’s obviously much more overt celebration of trans people, and we run workshops on trans inclusion and all that kind of stuff. That kind of thing didn’t exist when I transitioned, and I think it’s a good thing that we’re now more aware.
On LinkedIn, you describe yourself as a ‘reluctant activist’. Do you feel an obligation to use your voice to advocate for trans rights, and do you feel an obligation to be a role model?
I added that only very recently. I’ve always felt it’s important to be ‘out’ and to be a role model of sorts, but I’ve never really seen myself as an activist or banged the drum about trans rights. I never really perceived that I lacked any rights – more fool me, perhaps.
I now describe myself as a reluctant activist because I feel I must get active given what’s going on now, though I never really wanted to be in that sort of role. I knew absolutely nothing about the For Women Scotland case [on the definition of the terms man and woman] until the judgment came out. I took the ‘gender critical’ stuff to be a bit of a niche interest. How wrong was I? So, yes, reluctant activist.
At the same time, as a managing partner of a law firm, I have to be conscious of diversity and inclusion for everyone in the workplace, and I have to care about the inclusion of groups that I’m not a member of. And that’s the point; you have to brave enough to stand up and make sure that you are creating an environment that’s okay for everyone – I think that’s the biggest learning point for me from all this latest stuff.
The Supreme Court judgment is essentially a piece of statutory interpretation, so I don’t personally view the judgement itself as a transphobic act – as a lawyer I have to respect the decision, though I am aware a legal challenge is being prepared to it. It’s what happens afterwards that really affects people – me included – more than the judgment itself.
I heard a government minister on the radio saying that trans people have to use their biological sex loos “when they’re out and about” – this is shocking, because it places trans people in danger and it humiliates them. It humiliates everyone involved in that encounter, whether they’re trans or not, and I think it’s irresponsible of the minister to have said that.
As someone who is a managing partner, do you have a sense of what the legal sector could be doing better to include trans and LGBTQ+ people?
At one level, just be kind and decent to people and listen to their concerns. It’s not hard.
It’s also about taking proper independent legal advice. It seems to me – and what a shame to say this – that we need to look very, very carefully at the official guidance which has now been issued for consultation. I think we will be taking careful legal advice on how we can arrange our practices and procedures so that we can be as trans inclusive as we can possibly be; thinking about things like bathroom facilities and so on.
I think it also means not changing your principles. It means not watering down your DE&I messaging or your DE&I commitment. That’s what it means to me. Even though the political wind is blowing in a certain direction, I think businesses with integrity should be standing strong and not blowing with it.
Or, if you’re a business that is inclined to blow with the wind; fair enough, that’s your choice – but when the wind changes once again, don’t come back and cover all your publicity in rainbow flags – that would be intolerable.
For more, see ‘We’re all nervous right now’ – how a subdued Pride month got caught in the DEI backlash
More Pride Perspectives:
Patrick McCann: ‘We need more queer managing partners’
Emma Woolcott: ‘We need a plurality of perspectives around the table when decisions are made’
Cai Cherry: ‘It’s easy to think something isn’t your problem – but equality is all of our problem’
