When the Legal Services Board (LSB) asked me to write a piece for the Reshaping Legal Services microsite, I initially struggled with a topic to focus on. When I gave myself time and headspace, I realised that the topic was actually very clear – why is there a need to reshape legal services to better meet society’s needs?
Background
I identify as a black woman. I knew I wanted to be a lawyer very early on in my childhood, but there were no lawyers in my family and neither did my parents know any lawyers. I also found it very hard to find many ambassadors/role models within the legal sector who looked or sounded like me. Whilst I did not recognise it then, this lack of visibility affected my confidence at various points throughout my career.
Since entering the profession, I have heard stories from others that are very similar to mine, and not just in relation to race and ethnicity.
This is why role models are important.
The face of the profession
The Solicitors Regulation Authority (SRA) publishes regular diversity data regarding the profession; the latest data was collected in 2021.
Overall, the data shows a slow but steady increase in diversity among lawyers since the SRA did its last survey in 2019. At a high level, 52% of the profession are women, 17% come from a Black, Asian or minority ethnic background and 5% are disabled.
Whilst the figures are somewhat reassuring, we have to put them into context. The seniority gap between female partners and solicitors remains a key issue. The figures for Black and other minority ethnic lawyers still flail behind those who are White, Mixed/Multiple or Asian. There is significant under-representation of disabled lawyers compared with the face of the UK workforce (14%) and social mobility continues to be a major concern. These figures are even starker when one considers the size and location of a firm, with data showing that large firms (50+ partners) have real issues in terms of diversity.
Is there a need for change?
The simple answer is yes.
My particular passion to increase diversity in the legal sector comes from a moral standpoint – it is the right thing to do. Demographics like age, gender and race should not determine ‘what a lawyer’ looks like. The industry should be equally open to access and progression for everyone.
When I walk into a room, I cannot (and will not) hide who I am. People can see that I am a black woman, but there are many parts to me which are not so visible. As human beings, we are multi-faceted, and therefore we cannot be viewed from a single aspect. It was not until I heard the term intersectionality in 2017, that I understood the relationship between these parts which create overlapping and independent systems of potential discrimination and disadvantage. This is why the focus has to be on increasing diversity in the legal profession, and having inclusive cultures within organisations to prevent attrition.
Quite apart from the moral standpoint, diverse workforces make good business sense. The public that the legal profession serves is equally diverse, and therefore a single approach to all issues simply will not work. To better serve the public, the profession has to evolve and draw upon cognitive diversity. Matthew Syed’s book ‘Rebel Ideas’ discusses this very topic, with case studies and data showing what makes the most successful teams. Quite separately, there is a plethora of data showing that diverse workforces produce better results and are more successful.
What can organisations do to champion diversity?
This is by no means an exhaustive list, but here are some tips for organisations who genuinely want to champion diversity in the legal sector:
- Make diversity and inclusion a central tenet of business planning;
- Gather diversity data and review it incrementally;
- Do not rely on employee resource groups to drive the diversity agenda; rather make senior leaders accountable;
- Consider whether targets are right for the organisation (do not set them without meaning); and
- Engage with the wider profession using specialist organisations.
Put simply, the drivers for an inclusive and diverse legal profession are stronger than ever – be a part of the change.
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