The Legal Services Board (LSB) has released an interactive map and two reports aimed at understanding and addressing the barriers that stop people from pursuing a successful and fulfilling legal career, regardless of background or circumstance.
The map and report identify specific stages in lawyers’ careers where barriers can prevent some groups of people from progressing and prevent the sector from reflecting the society it serves. These barriers include:
- Elitist assumptions about the profession, which can stop some people from applying to join it or from seeking more senior roles.
- Devaluing non-traditional routes into the profession, which limits careers of chartered legal executives and apprentices, for example.
- Bullying and harassment
- Workplace cultures of long hours, which make it difficult for parents and those with caring responsibilities to progress or can lead to burnout and mental health challenges.
- Unfair work allocation which prevents some people from experiencing more complex and challenging cases
- Recruitment processes that give undue weight to presentation and ‘polish’
The map is a visual simplification of these complex structural, cultural, and personal issues. It is designed to help regulators and others take focused action to improve equality, diversity and inclusion (EDI) and wellbeing.
The LSB has also published a study on the diversity of barristers, solicitors and chartered legal executives at different stages along the career path to joining the judiciary. Funded by the Ministry of Justice, the research identifies points along the path when some lawyers’ journeys are cut short, and they do not join the judiciary. The key findings of the report show that:
- Senior barristers and senior solicitors alike are more likely to be male, while barristers are more likely than solicitors to be recommended for judicial posts
- Legal professionals who are female and from an ethnic minority are significantly less likely to become KCs, white men dominate barristers’ and solicitors’ senior ranks, and current judges are more likely to be white men
- Ethnic minorities, which are generally underrepresented among judges, are overrepresented among judicial applicants but are less likely to be shortlisted and recommended than white applicants
- Lawyers who attended fee-paying and independent schools are more likely than state school alumni to be shortlisted and recommended for the judiciary.
The LSB is currently reviewing its guidance on EDI to regulators and considering how regulation can enable and promote increased diversity in the legal services profession.
Alan Kershaw, Chair, Legal Services Board, said:
“Despite ongoing efforts and progress in some areas, there are significant challenges and cultural practices that still hinder entry to and progress through the legal profession. The problems are complex and deep-rooted and prevent a fully inclusive and healthy professional culture from thriving.
“The practical tools and insights we have published are intended to help regulators and others make a more targeted effort to break down barriers. We hope the sector uses them to continue to focus efforts on creating a profession where anyone can pursue the career they want.
“Regulation alone can’t offer a silver bullet, and others across the system have a role to play. However, it is time to consider whether regulation can play a more active part in driving change to create a fair, healthy, diverse and inclusive profession. As we finalise our proposed regulatory proposals for consultation, we look forward to continuing to engage with others to help move from evidence gathering, convening and well-meaning discussion to targeted action that is properly evaluated and drives real and meaningful change.”
