Watchdog issues report on specific stages in careers of lawyers where barriers can prevent some groups of people from progressing

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 Legal Services Board (LSB) has warned.

According to a study funded by the Ministry of Justice on behalf of the Judicial Diversity Forum, legal professionals who are female and from an ethnic minority are “significantly” less likely to become KCs, and current judges are more likely to be white men.

Further, 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.

The study also found that lawyers who attended fee-paying and independent schools are more likely than state school alumni to be shortlisted and recommended for the judiciary.

Responding to the report’s findings, the LSB revealed it is reviewing its guidance on equality, diversity and inclusion (EDI) to regulators and “considering how regulation can enable and promote increased diversity in the legal services profession”.

It has also published an interactive map, to provide a visual representation of EDI issues across the legal profession.

The map identifies specific stages in lawyers’ careers where barriers can prevent some groups of people from progressing. These 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 LSB said the map is designed to help regulators and others take “focused action” to improve EDI and wellbeing.

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.”

He added: “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.”

Lottie Winson