Ethnic diversity in law

Answer

In recent years, the legal profession has become increasingly diverse. The Solicitors Regulation Authority (SRA) has reported that on average 17% of lawyers are Black, Asian or of a Minority Ethnic origin (ethnically diverse), with 12% being Asian, and only 2% Black. Data provided by firms such as Clifford Chance show that 34% of their trainees are ethnically diverse. Nevertheless, there’s a notable disparity when it comes to ethnically diverse partners. As large firms (50+ partners) report that only 8% of partners are ethnically diverse, of which 1% are Black.

The data reveals two major issues. Firstly, focusing primarily on the overall representation in the profession can be misleading. The experiences across different ethnic groups may vary significantly and so, a more nuanced approach must be taken. Secondly, associates and partners remain grossly underrepresented further dividing the diversity gap. A 2020 report commissioned by the Law Society found that, despite the inclusive trainee intake, progression through one’s career can still be limited, as opportunities aren’t equally distributed. The main barriers for progression are generally twofold, namely the:

• criteria for promotions being opaque; and
• professional cultural practices at a firm being problematic.

The report also suggests that members of minority groups may experience difficulties in being recognised as candidates for promotion. The report continues to suggest that despite the increasing attempts for inclusivity, the work culture that stems from a majority white demographic often creates obstacles for ethnically diverse individuals.

The Law Society found that discrimination, including experiences of othering, microaggression and exclusion was reported by 13% ethnically diverse solicitors. One-third of which were experienced by Black African and Caribbean solicitors. Moreover, a 2017 SRA report showed that an increasing share of ethnically diverse solicitors were leaving private practice to work in-house, especially female solicitors.

However, this indirect discriminatory effect hasn’t gone unnoticed by firms. Now, law firms are acknowledging the true importance and benefit of increasing diversity. This is particularly because a diverse team often results in a larger pool of creative thought and innovation. In fact, a study carried out by Thomson Reuters, found that ethnically diverse executive teams are 33% more likely to outperform their peers on profitability.

Although some may believe that the diversity and inclusion initiative is just a publicity tactic, many firms have developed innovative ways to overcome the difficulties faced with progression, including:

• leadership mentoring programmes;
• inclusive leadership workshops; and
• reverse mentoring.

In addition, the legal services business DWF has launched an Ethnic Minority Access Programme, a valuable opportunity to receive mentoring and work experience aimed at increasing the representation of ethnically diverse individuals in the legal sector.

What more can be done to improve inclusivity?

Mansfield Rule Certificate

Mansfield Rule Certificate began in the United States and expanded to the UK in July 2021. This certificate consists of a year-long process, aimed at visibly increasing the representation of women, minority and LGBTQ+ lawyers in leadership positions. Firms awarded this certificate must have considered at least 30% diverse candidates for leadership roles. According to Diversity Lab, this is the necessary mass that’s crucial to disrupting the indirect biases found in both the recruitment and promotion processes.

Provide training to supervisors on managing diverse teams

As endorsed by both the Law Society and the Black Solicitors Network, supervisors and senior leaders could be trained on managing diverse teams. This training should encourage supervisors to:

• increase their engagement and stimulate more discussions about diversity;

• identify the needs and concerns of those within their team;

• build more effective rapport and long-lasting relationships with diverse members of their team; and

• understand and address any issues faced by underrepresented groups when being recognised as candidates for promotions.

For this to be truly effective, firms must acknowledge that the experiences of diverse individuals differ from one another. For instance, the approach taken to address the underrepresentation of Black solicitors may differ vastly to what’s needed to further the inclusion of other ethnic groups.

Open and honest dialogue

Inclusivity isn’t synonymous with representation. Instead, firms should focus on creating an environment where individuals feel included seen and heard within the profession. Law firms should aim to develop engagement in open discussions about individuals’ experiences and how they differ. This can include having a culture series; discussing the various cultures of solicitors, having external experts present their finds or even holding event that encourages colleagues to discuss their experiences and journeys into law.

Sara Farid is a trainee solicitor at DWF Group Plc.