The legal sector has much work to do on diversity and inclusion, according to a study by law firm Bolt Burdon Kemp.
Using bi-annual data from 2014 onwards from the Solicitors Regulation Authority, along with national statistics, UCAS data and other related research and studies, the firm found that the profession is falling short in a number of respects, and must do more to ensure greater diversity, inclusion and belonging in staff.
It said: “The findings suggest employers in the legal industry need to take steps to ensure support for their staff, and to allow staff to be their authentic selves at work. Two ways law firms can solidify their commitment to diversity include submitting diversity and inclusion data into the Stonewall Workplace Equality Index and making reasonable adjustments for disability as a matter of course, instead of waiting to be asked by employees.”
According to the key findings of the firm’s report:
- Only 29% of partner roles in large firms are held by women, despite women making up 47% of the UK workforce.
- Ethnic minorities are underrepresented in larger firms.
- Only 3% of people in law firms identify as gay, lesbian or bisexual.
- Only 3% of lawyers say they consider themselves to be disabled, in contrast to 19% of the UK’s working population.
Women hit a glass ceiling in law firms
The report states that, while women made up 69% of all staff in law firms in 2019, there is a “concerning gender gap” at partner level, with only 37% of partner roles in law firms held by women in 2019. This reflects the general workforce, where women made up only 38% of managerial roles in the UK in 2019. It adds that the gender gap becomes even worse when you look at firms that have 50 or more partners, with the percentage of female partners dropping to 29%.
The proportion of court judges that are female rose from 24% in 2014 to 32% in 2019, and the situation is better for tribunal judges, where women made up 46% of roles in 2019 (up from 43% in 2014).
Bolt Burdon Kemp says that the slow progress on gender equality is concerning in light of the fact that the student body in 2019 was 57% female, adding: “When these students graduate, the legal industry will find themselves with more female candidates than males looking for positions. Firms – and courts – will need to take steps now to be able to demonstrate to female candidates that they’re coming into an industry where their career progression will be properly supported.”
Firms need to be more welcoming towards LGBTQ+
The majority of respondents identified as heterosexual, with only 3% identifying as gay, lesbian or bisexual. In comparison, approximately 7% of the UK are estimated to be LGB by Stonewall and the Office of National Statistics (ONS). While only 2% of lawyers consider themselves to be transgender, this is one percentage point above the UK average.
The firm said: “While some of this is positive, drilling down into firm size does highlight a potential problem. While 2% of partners in larger firms identify as gay or lesbian, there’s a gender difference that needs to be addressed: 3% of partners in larger firms are gay men, while only 1% are gay women. Without addressing the issues in gender representation, the legal industry will likely fail to correct discrepancies between gay and lesbian people.”
Ethnic minorities are underrepresented in larger firms
Data regarding ethnic minorities in law firms suggest that Asian, Black, and other minority lawyers are finding alternatives to large firms.
Only 19% of lawyers in 2019 were from ethnic minority backgrounds, an increase over the past six years. In 2014, 10% of solicitors were Asian or Asian British, and 2% of solicitors were Black or Black British. These figures have risen to 14% and 3% respectively. While these are roughly representative of the UK population (and Asian representation is better than the UK average), the firm believes there is work still to be done.
It said: “The percentage of Asian lawyers and Black lawyers – and Asian partners and Black partners – drop as the firms get bigger: Asian lawyers make up 27% of 1-partner firms, 19% of 2-5-partner firms, and only 8% of staff in bigger firms with 50+ partners.
Black lawyers make up 8% of 1-partner firms, 4% of 2-5-partner firms, and only 1% of staff in bigger firms with 50+ partners.
“The data suggest it’s more difficult for these lawyers both to get jobs in larger firms and to receive promotions. With 30% of the 2019 student body being from ethnic minorities, it’s crucial that the legal industry ensures it reduces unconscious bias and ensures fair treatment in hiring and promotional practices.”
It’s getting harder to be made partner in firms
The firm said that figures suggest that firms are changing their approach to promotions, and that it’s taking longer to progress up to partner status:
In 2014, 7% of partners were aged 25-34 and 32% of partners were aged 35-44. By 2019, this fell to 5% and 29% respectively. Over the same time period, the percentage of partners over 44 years of age increased. In 2014, 61% of partners were aged 45+. In 2019, 66% of partners were aged 45+.
Mental health support is severely lacking
The firm said: “Another aspect of diversity and inclusion is ensuring people with visible and hidden disabilities, as well as people with mental health issues, are not disadvantaged in the workplace. Only 4% of respondents to the SRA survey in 2019 said they consider themselves to be disabled. This is in stark contrast to the 19% of the UK’s working population who say they’re disabled and is one of the major shortfalls in the law industry’s diversity metrics. According to City Disabilities, workers in the legal sector may be reluctant to disclose their disability, suggesting there may be an element of underreporting in the survey. Firms need to explicitly state their support for people with disabilities to make them feel more able to be open.”
It said that the Junior Lawyers Division Resilience and Wellbeing Survey in 2019 found that 48% of junior lawyers reported experiencing mental ill-health, but only 19% stated that their employer was aware of the issue, adding: “A whopping 78% of lawyers also said they believe their employer could do more for their mental health.”
Click here to read the full report.
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