Legal Services Board publishes research to drive “more targeted efforts to break down barriers” in legal profession

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The Legal Services Board (LSB) has published an interactive map and two reports aimed at understanding and tackling the barriers that individuals face when pursuing a legal career, regardless of background and circumstance.

The first report and interactive map outline the specific stages in a lawyer’s career where barriers can hinder the progress of people from certain groups, preventing the legal sector from reflecting the society it serves. The barriers identified include:

• elitist assumptions about the legal profession;
• devaluing non-traditional routes into law;
• workplace bullying and harassment;
• long-working hours culture;
• unfair work allocation; and
• biased recruitment processes.

The map, which offers a visual representation of the complex structure, cultural and personal issues, is designed to support regulators and others in taking a more focused approach to improving equality, diversity and inclusion, and wellbeing.

The above research has been welcomed by the Law Society of England and Wales, with President Nick Emmerson hoping it’ll be a “useful addition to the evidence base to help regulators and others understand where to target interventions to have the greatest impact”.

Meanwhile, the LSB also published a study on the diversity of the judicial talent pipeline. Drawing on data from the Bar Standards Board, Solicitors Regulation Authority, CILEx Regulation Ltd, the Ministry of Justice, the Judicial Appointments Commission and the Judicial Office, the study outlines where lawyers leave the pipeline “whose sustained inclusion would increase the judiciary’s diversity”. Emmerson said the Law Society is “disappointed to see that progress remains exceptionally slow”.

Key findings from the study include:

• senior barristers and senior solicitors are more likely to be male, while chartered legal executives are more likely to be women at all levels;
• white judges are overrepresented in comparison with the wider population;
• the proportion of ethnic minority lawyers falls as post-qualification experience increases;
• lawyers who are female and from an ethnic minority are significantly less likely to become King’s Counsel; and
• those who attended fee-paying and independent schools are more likely to be shortlisted and recommended for the judiciary.

Alan Kershaw, chair of the Legal Services Board, explained that “the problems are complex and deep-rooted and prevent a fully inclusive and healthy professional culture from thriving”.

Kershaw 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.”