Diversity In The Legal Industry

What Is Diversity?

Diversity, in the context of the legal profession, refers to the variety of individual backgrounds, experiences, and characteristics represented within the legal community. It encompasses concepts such as cultural diversity, ethnic and racial diversity, gender diversity, sexual orientation and gender identity diversity, socio-economic diversity, age diversity, disability and neurodiversity, and religious and belief diversity. 

The Power of Representation

The power of representation in the legal profession cannot be understated, as it plays a pivotal role in ensuring that the diverse voices of marginalised communities are heard and their rights are protected. Having legal practitioners and judges from a wide array of backgrounds brings different perspectives to the table, fostering a deeper understanding of the unique challenges faced by various communities.

Enhancing Access To Justice

The role of diversity in improving access to justice for underrepresented groups is paramount. Legal professionals from diverse backgrounds play a crucial role in bridging cultural and linguistic gaps that may exist between legal practitioners and clients from marginalised communities. By understanding the unique challenges faced by these individuals, diverse legal professionals can build trust and establish better communication, ensuring that clients’ needs are fully comprehended and addressed.

Enriching Legal Policy

In the UK, diversity within the legal profession plays a pivotal role in shaping the development of legal policies and legislation. Legal professionals from diverse backgrounds bring a wealth of perspectives, experiences, and insights to the table, enriching the policy-making process and ensuring that laws are fair, inclusive, and reflective of societal needs.

Diverse perspectives in the legal profession foster a deeper understanding of the challenges faced by various communities, enabling lawmakers to address systemic inequalities and promote social justice. For instance, legal practitioners with expertise in human rights and equality law have played a significant role in influencing policies that protect the rights of minority groups, such as the Equality Act 2010, which prohibits discrimination based on various characteristics, including race, gender, disability, and age.

Diversity in the UK Legal Profession

Historical statistics on the diversity of the legal profession in the UK are not as well-documented as contemporary data, but historical records and studies do provide some insights into the past representation of various groups.

• Women: In the early 20th century, the legal profession was predominantly male-dominated. Women faced significant barriers, and it wasn’t until 1919 that the Sex Disqualification (Removal) Act allowed women to enter the legal profession. Progress was slow, and by the mid-20th century, women accounted for only a small fraction of lawyers. For instance, in 1949, only 1.1% of practising solicitors were women.
• Ethnic Diversity: Historically, ethnic diversity in the UK legal profession was scarce. Up until the 1970s, there were very few Black and Minority Ethnic (BME) solicitors or barristers. It wasn’t until the 1980s and 1990s that some notable breakthroughs occurred, with more BAME individuals entering the legal field.
• Sexual Orientation: Until the late 20th and early 21st century, LGBTQ+ representation in the legal profession was mostly hidden due to societal prejudices and discrimination. Openly identifying as LGBTQ+ could have severe professional repercussions, so many individuals chose not to disclose their identity.
• Disability: Historically, individuals with disabilities faced barriers in pursuing legal careers, with limited physical accessibility and discriminatory attitudes. However, the Disability Discrimination Act (DDA) in 1995 and the Equality Act 2010 improved protections against discrimination and reinforced the duty for employers, including law firms, to make reasonable adjustments.

It’s important to note that historical records might not fully capture the true extent of diversity, as discrimination and lack of representation could have led to underreporting of certain groups. 

The Current State Of Diversity

Recent data reveals a positive trend in diverse representation in the legal sector, however there is still a long way to go:

• Women represent 52% of lawyers in law firms, but their underrepresentation is evident at senior levels, with only 35% being partners. Certain practice areas, like criminal work (38% female lawyers) and corporate law (46% female workforce), also lack gender balance. However, women are overrepresented in private client work, making up 56% of lawyers in this field.
• Diversity data reveals that 18% of lawyers in the UK are from Black, Asian, or minority ethnic backgrounds, marking a 1% increase since 2019. The majority, 78%, are white. Specifically, 12% are Asian (compared to 7% of the overall UK workforce), 3% are of mixed/multiple ethnicity, 3% are Black, and 1% come from other ethnic groups. Notably, both Black and Asian lawyers face significant underrepresentation in mid to large firms,
• In the legal profession, a higher percentage (3.5%) of lawyers identify as gay, lesbian, or bisexual compared to the overall UK workforce. Many law firms have established their own LGBTQ+ networks, such as Addleshaw Goddard’s OpenAG, Slaughter and May’s PRISM, Dentons GLOW, and Pride at Norton Rose Fulbright. 
• According to the SRAs ‘How diverse is the solicitors’ profession?‘ data, only 5% of all lawyers declare a disability, showing a 1% increase compared to 2019. However, this figure remains significantly lower than the UK workforce average, where 14% declare a disability.

Diversity in Legal Education

Historically, the diversity amongst law students in the UK was heavily skewed towards privileged individuals, largely from affluent backgrounds and private schools. Until the late 19th century, legal education was predominantly limited to elite institutions such as Oxford and Cambridge, further exacerbating the lack of diversity.

Women and BME students faced considerable barriers, and it was not until the early 20th century that they gained some access to legal education. The first female law students were admitted to the University of London in the 1910s, but progress was slow, with women making up only a fraction of law students well into the mid-20th century.

Recent Developments

Data from 2021 indicates that women now represent around 60% of law students in the UK, marking a remarkable increase in female participation compared to the historical underrepresentation.

Efforts to promote ethnic diversity have yielded some positive outcomes with BME students constituting approximately 23% of law students. However, Black British students are still chronically underrepresented at top universities. In 2016, just 40 black students were accepted out of the 2,210 placed UK applicants to Cambridge university, while 35 black students out of 2,210 placed UK applicants were accepted at Oxford, a Business Insider investigation found. Black students are also 1.5 times more likely to drop out of university than their peers; one in ten will do so before finishing their degree. 

Data for students with disabilities and those who identify as LGBTQ+ remains relatively scarce.

Challenges In Achieving Diversity

Achieving diversity in the UK legal education system and legal profession has been an ongoing challenge. Despite notable progress, several barriers persist that hinder equal representation:

Historical Legacy: Elitism and Privilege

Prestigious institutions like Oxford and Cambridge have traditionally dominated legal education, perpetuating a system that primarily benefits students from privileged backgrounds. This has limited opportunities for individuals from disadvantaged socioeconomic backgrounds to access legal education and subsequently enter the legal profession.

Lack of Diversity at Senior Levels

While there have been improvements in the representation of women and minorities at the entry level, progress often stagnates as individuals advance to more senior positions. The “glass ceiling” phenomenon prevails, leading to underrepresentation of diverse groups in leadership roles within law firms and other legal organisations. This lack of diversity at the top perpetuates a cycle where aspiring legal professionals from diverse backgrounds may face limited role models and opportunities for career advancement, further inhibiting progress.

Unconscious bias

Biases in recruitment and selection processes have often favoured candidates from privileged backgrounds, exacerbating the lack of diversity in the legal workforce.

Promoting Diversity In The Legal Industry

Fostering diversity at the early stages of legal education and training is crucial to building a more inclusive and representative legal profession in the UK. Encouraging individuals from diverse backgrounds to pursue legal careers creates a talent pipeline that reflects the country’s diverse society and ensures that the legal profession can better serve its clients and communities.

Some initiatives that are ongoing to foster diversity within the legal system are listed below: 

Diversity in Legal Education

• Organisations like “Aspiring Solicitors” and firms like Dentons provide mentorship, networking, and career development opportunities to students from underrepresented backgrounds. They aim to increase diversity in the legal profession by supporting aspiring lawyers at various stages of their education.
• Law schools like the University of Law and BPP University actively promote diversity through their admission processes and scholarship programs. They strive to attract students from diverse backgrounds, ensuring equal access to legal education.
• Magic circle firm Linklaters runs Making Links, a programme designed to help talented university students from underrepresented groups succeed in their early careers.

Diversity in Legal Recruitment

• Law firms such as Clifford Chance and Linklaters prioritise diversity in candidate selection and work actively to create an inclusive work environment, by putting diversity such as disability inclusion in their business agenda.
• The “Rare Recruitment” organisation partners with law firms to enhance diversity in their recruitment efforts. Their contextual recruitment system considers an applicant’s achievements relative to their socioeconomic background, providing a fairer assessment of candidates from underprivileged backgrounds.

Diversity in the Legal Profession

• “The Black Solicitors Network” actively advocates for increased representation of Black solicitors at all levels of the legal profession. They offer networking opportunities, career support, and promote policies that foster diversity within law firms and legal organisations.
• DLA Piper aims to raise its female partnership from the current 21% to 30% within four years and further to 40% by 2030.
• Freshfields and Clifford Chance, both Magic Circle  firms, are also working towards achieving a global partnership of at least 40% women by 2026 and 2030, respectively. Meanwhile, Linklaters already boasts a female partnership standing at 41%.

Conclusion

The UK legal system has made significant strides in embracing diversity, but there is still work to be done. By recognising the power of representation, enhancing access to justice, influencing legal policy, and addressing challenges in recruitment and education, the legal profession can become more inclusive and reflective of the diverse society it serves. Through continued efforts and collective action, the UK can foster a legal system that champions equality, fairness, and justice for all.