Race for inclusion:

the experiences
of Black, Asian
& Minority Ethnic
solicitors

Report prepared by:

James Hinde, Research Director
jhinde@djsresearch.com
David Marchant, Associate Director
dmarchant@djsresearch.com
Emma Lay, Research Manager
elay@djsresearch.com

Head office: 3 Pavilion Lane, Strines,

Stockport, Cheshire, SK6 7GH
Leeds office: 2 St. David’s Court,
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Foreword 03

Contents
Executive summary 04
Our findings 04
Our recommendations 07

Introduction 08
Research aims 09
Research method 09
The categorisation of Black, Asian and Minority Ethnic 11
It’s good to talk 11

Black, Asian and Minority Ethnic

representation in the profession 14
A quick look at the UK view 15
Black, Asian and Minority Ethnic representation and entry 15
The barriers to entry for Black, Asian and Minority
Ethnic solicitors 17
The marginalisation of Black, Asian and
Minority Ethnic solicitors in the sector 24
Retention of Black, Asian and Minority Ethnic solicitors 26
Better practice to ensure representation in the profession 27

Black, Asian and Minority Ethnic

experiences in the law profession 33
Black, Asian and Minority Ethnic solicitors
report lower levels of health and wellbeing 34
Better practice to address poor experiences
amongst Black, Asian and Minority Ethnic groups 40

Career development of Black, Asian

and Minority Ethnic solicitors 43
The ethnicity pay gap 44
Black, Asian and Minority Ethnic groups and partner
status – why are so few partners Black, Asian and
Minority Ethnic? 46
Better practice to ensure career development
for Black, Asian and Minority Ethnic solicitors 48

Conclusions 49

Recommendations for law firms and organisations 53

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At the start of 2020, the Law Society

Foreword
commissioned this research into the
representation and experiences of Black,
Asian and Minority Ethnic (BAME) solicitors.
While annual statistics had shown increases
in the overall proportion of Black, Asian
and Minority Ethnic solicitors in the profession
in the past ten years, conversations with
members of our Ethnic Minority Lawyers
Division suggested that many were not
seeing progress in their own workplaces
or areas of practice.
In commissioning the research, we set out to explore
the data on representation in greater detail and to assess
the progress towards a more inclusive profession through
focus groups and interviews with Black, Asian and Minority
Ethnic solicitors, those working in HR and recruitment,
and thought leaders.
The research is timely, given the global events of 2020.
The killing of George Floyd on May 25th and the Black
Lives Matter protests around the world brought the issues
of racism and racial inequality into much sharper focus,
and it was against this backdrop that much of the research
was conducted.
In wider society, conversations about race have opened
up, and we need to ensure this momentum is used to
drive change in the solicitors’ profession too. As this
report suggests, we need to question assumptions about
cultural ‘fit’, we need to look more closely at how work
and development opportunities are allocated, and we
need better data, transparency and accountability at
senior levels for progress on race equity and inclusion.
The Law Society looks forward to working with law firms,
our Black, Asian and Minority Ethnic members, and the
wider profession to drive that change. This will deliver
a better and more innovative profession that is more
responsive to, and can achieve fairer outcomes for, the
diverse society it serves.

David Greene
President

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Our findings

Executive summary
Our evidence clearly shows that more needs to be done to improve
race inclusion in the legal profession, as, despite firms’ actions,
little appears to be changing in terms of Black, Asian and Minority
Ethnic solicitors’ experiences.

We highlight through statistics and personal stories, the hurdles

faced at different career stages and the talent that is not being
fully utilised or is being completely lost to the profession as a result.
Many law firms are doing a lot of work in the field of diversity,
but change is coming too slowly or not at all in many areas
and more needs to be done.

Representation
Focusing just on overall representation in the profession can
be misleading and a more nuanced perspective is required looking
at the experiences of different ethnic groups and in different
parts of the profession.

On the face of it, ethnic diversity in the profession is in line with

UK society as a whole and has been improving over the years.
The proportion of Black, Asian and Minority Ethnic solicitors within
the Solicitors Regulation Authority (SRA) population is increasing at
a very similar rate to Black, Asian and Minority Ethnic representation
in the UK working age population, maintaining a roughly +3.5%
higher proportion than the change in the Black, Asian and Minority
Ethnic rate within the UK working age population. However, not
all groups are faring equally as well. Black solicitors, for example,
represent 3% of the profession, whereas Asian solicitors make
up 10%, which is nearly double the proportion in the working
age population.

Marginalisation of Black, Asian and Minority Ethnic solicitors

In addition, Black, Asian and Minority Ethnic solicitors are more
likely than white solicitors to be in smaller firms and certain,
generally lower paying, sectors and practice areas. Representation
across the profession is not consistently good. A participant
in our research noted how they felt pushed into certain sectors:

“I also did a vacation scheme, I did request feedback, I did not
get a training contract out of it. The feedback I got … [was] …
‘you are very engaging, you come across really well, I think you
would make it in the law, but I think you should stick to High
Street firms because people like you are better suited at High
Street firms’. I think hearing things like that, rather than allowing
it to consume me and accept that as a truth, for me it was, ‘no,
I can’ and it was after that that I applied to [large corporate law
firm] and stuck it through and made it.”

Asian, female solicitor

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Barriers
There are specific barriers to entry ”At education level, it didn’t really affect
to the profession for some Black, Asian me that much because you are only
and Minority Ethnic groups including judged on the grades that you get. No
a lack of role models and connections one really cares where you come from…
in the profession. There is an intersection  hat became apparent for me was when
W
with a disadvantaged socio-economic you started to go to interviews you are
background and not having the not just judging me on a piece of paper,
opportunity to attend an independent you have to meet me first and you have
school or schools for some Black, Asian to speak to me. I had so many experiences
where I felt everything went well, but
and Minority Ethnic groups. Many do
I didn’t get it and I couldn’t work out
persevere though, only to find that, when a good reason as to why.”
it comes to entering a firm, it feels like
organisations are often looking for Asian, male solicitor
a certain ’fit’ of candidate, which often
excludes Black, Asian and Minority
Ethnic groups.

As one participant in our research related:

Organisational culture
“I didn’t necessarily have a very warm
The culture of law firms, particularly welcome. You kind of got the impression
larger City firms, is not felt to be that people were looking at you, what
inclusive. Research participants frequently are you doing here? I didn’t feel very
reported feeling like an outsider and not welcomed at all and unlike my initial
being given the opportunities their white thoughts as to how the landscape
colleagues are. would be, it wasn’t very diverse at all.”

As one Black female solicitor noted Black, female solicitor

on her early career experiences:

Microaggressions
Almost all participants in the research “W hen somebody says, ‘you speak
English so well’, and you want to
had experienced some level of
explain to them why that is racist, they
microaggression based on their ethnicity, are more upset about being called racist
including comments about their name or than they are about the actual racism
comments about their presumed culture. itself. So, you just think, ‘what’s the
They often do not want to confront the point? I just don’t have the energy for
microaggressions they experience as they this, I have still got eight hours of work
have worked hard to get to where they are to do’.”
and do not want to endanger their career. Black, female solicitor
It is considered difficult to raise the
topic of racism/racial disparities in the
workplace, particularly at the early
career stages.

As one of our participants noted:

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Wellbeing Some note feelings of guilt for not
Black, Asian and Minority Ethnic doing enough to raise these issues.
solicitors report lower levels of
workplace wellbeing compare to white
solicitors. Around a quarter (24%) report “I burnt out. Now that I‘m on a break, I
severe or extreme stress compared to haven’t been afraid to say controversial
white solicitors, adverse discrimination things. If I don’t, the cycle won’t change.
is reported by 13% of Black solicitors People need to feel uncomfortable,
because what I’ve experienced is the
(compared to 8% for white solicitors)
reality, and a lot of people who look
and bullying by 16% of Black solicitors and sound like me have experienced
(13% for white solicitors). the same.”
The feeling of having no voice, has led Black, male solicitor
many to struggle with their mental health,
paying for counselling or taking a break
from the profession.

Retention
Retention rates for Black, Asian and “You think, ‘this isn’t the only place I
Minority Ethnic solicitors are lower in need to work, if these people aren’t
larger City firms than for their white going to accept me, then I will just go
peers, with many leaving to join smaller somewhere else’ then you just leave! …
firms, or parts of the sector that are You think, ‘life is too short, I don’t have
to put up with this madness, let me just
more inclusive such as in-house legal
go somewhere else’. I have had people
departments. Many feel that they who have left law altogether and gone to
have to work much harder than their work on the finance side, which I do think
white counterparts and do not feel as is generally more diverse from a race
comfortable in their work environment. point of view, like investment banking.”

Black, female solicitor

Career progression Representation at partner level

Black, Asian and Minority Ethnic solicitors Representation at partner level is
see slower career development up to and poor, particularly in the larger City
including partner status, again impacting firms. This has not improved significantly
on retention rates, and there is a significant over the years, despite improvements in
ethnicity pay gap. Around half of female representation at junior levels. In the top
Black, Asian and Minority Ethnic solicitors 50 UK firms (by turnover) more than twice
have moved firm or sector from 2015 to 2020. as many white solicitors as Black, Asian
The pay gap is particularly marked when and Minority Ethnic solicitors achieve
comparing average annual salary with white partner equivalent status. Just 8% of
solicitors where we see a difference of more partners in the largest firms (50+ partners)
than £20,000 per year. are Black, Asian and Minority Ethnic, and
this has only risen by 1 percent point
since 2014.

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There are a number of factors driving this, In summary
such as finding appropriate mentors and Our research shows that diversity is not
equitable work allocation, but also again, just about representation in terms of blunt
the pressure to fit in. statistics on Black, Asian and Minority
Ethnic representation, but also about feeling
included within the profession and being
“In my firm, partnership is still a very given the opportunity to contribute. Hence,
exclusive bubble. You have got to we argue for a wider raft of measures and
be very likeable to be invited in to the metrics to achieve diversity and inclusion.
private practice partnership model.
I need to be agreeable, polite and
moderate myself because I know if I In the words of the campaigner Verna Myers:
am seen as the troublemaker raising
these issues, they are not going to
want me at the table.”
“D iversity is being invited to the party.
Asian, female solicitor Inclusion is being asked to dance.”

Our recommendations
We outline a number of specific O
 rganisations also need to get better at
recommendations later in our report understanding and addressing behaviours
for law firms and highlight in particular: like microaggressions and the impact that
they have.
•T
 he case for diversity and inclusion is a
vital issue that must be taken much more • It is important to look beyond
seriously by the profession, both because representation at entry level to how people
of clear commercial and moral duty, are developed, retained and promoted
given the social impact of the profession. and consider differences in retention
Whilst efforts have been made, many and progression. Equality of opportunity
Black, Asian and Minority Ethnic solicitors in career development for Black, Asian
still feel marginalised in the profession. and Minority Ethnic solicitors should be
We urge organisations to consider better supported through mentoring and
introducing stronger mechanisms to focus considered work allocation programmes,
efforts and accelerate change, such for example.
as setting clear targets at partner level
and key points in the talent pipeline and, •M
 etrics and evidence are key to track
where necessary, for different groups and guide progress, including evaluating
within the Black, Asian and Minority the success or otherwise of diversity
Ethnic category (e.g. for Black solicitors), actions so that organisations can learn
and tying achievements in diversity and what works and adapt their approach
inclusion to senior leaders’ pay and accordingly. Metrics on representation
bonuses. need to be at detailed ethnic minority level
as we have seen that looking at the group
•T
 here needs to be a focus on inclusion as a whole is misleading. Representation
and creating workplace and professional levels need to be measured across the
cultures in which Black, Asian and Minority firm from entry level to partner status
Ethnic solicitors feel they belong. This and retention rates by ethnic group.
needs to begin with more open discussion We also suggest metrics to track and
about race within the profession, which ensure equitable work allocation.
many Black, Asian and Minority Ethnic
solicitors said they still felt unable to raise.

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 Introduction

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Research aims This research not only highlights some of
This research aims to provide a strong the reasons why Black, Asian and Minority
evidence base for determining the Ethnic solicitors may be disadvantaged in
amount of progress made in improving the legal profession currently, but evaluates
ethnic diversity at all levels of the some of the efforts and actions being
profession, identifying disparities and taken by organisations to help address
issues, as well as exploring how far the this. Throughout the report, there are
sector is from achieving racial equality perspectives from a HR, recruitment and
and inclusion. The areas we were asked organisational view, which describe some
to explore include: of the solutions being put in place, as well
as assessing the perceived successes and
• Barriers to entering the profession limitations of these in order to provide
actionable insights and recommendations
•R
 epresentation at entry level
for improving the experiences of Black,
through to partner level
Asian and Minority Ethnic professionals.
• Barriers to career development
Research method
•E
 xperiences of individuals from the
Black, Asian and Minority Ethnic The Law Society commissioned DJS Research,
communities in the profession an independent market research agency,
to carry out a secondary analysis of existing
•H
 ow representation and experiences available data on ethnic diversity and
have changed since 2010 inclusion in the law profession as well as to
conduct primary qualitative research, in order
•D
 ifferences within areas of the law
to give an impartial and independent review
such as private practice vs in-house
of the current state of play and suggested
or different parts of the sector
recommendations as a result of the findings.
•A
 ctions that have helped or could
This report looks at evidence provided by
help improve ethnic diversity and
the SRA, the Law Society and a number of
experiences.
leaders in the legal profession exploring the
While this study will explore existing inclusion and retention of Black, Asian and
quantitative evidence and statistics Minority Ethnic professionals from trainee
around the representation, movements to partner level across different areas of
and progression of professionals the profession. As part of this research, DJS
from Black, Asian and Minority Ethnic also collected information on the diversity
communities in law, the research will also and inclusion (D&I) reporting and statistics
draw upon a robust qualitative analysis published on the websites of the largest
of the lived experiences of solicitors 100 law firms in the UK (by turnover).
and those working in HR and recruitment
Throughout the report, existing quantitative
in the profession, to better understand
information has been presented from official
barriers, biases and challenges that
key stakeholder publications and surveys,
are driving the statistics or even being
but the report also presents findings DJS
masked by, the numbers alone.
Research has gathered from data mining
and statistical analysis of the SRA registered
solicitors database from 2015 to 2020, as
well as data from career experience research
conducted by the Law Society (PC holders
survey) from 2015 to 2019.

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In order to better understand the lived The research also focuses on feedback
experiences and issues affecting Black, and perspectives gathered from leading
Asian and Minority Ethnic solicitors, voices in the profession through a series of
DJS Research conducted a series of in-depth interviews conducted with eight
17 roundtable discussions (groups of senior representatives from relevant bodies
three to five participants) with a total of representing different areas of the legal
50 participants using video technology sector and from Black, Asian and Minority
with a mix of Black, Asian and Minority Ethnic individuals at very senior levels in
Ethnic solicitors across firms, government the profession. These views are incorporated
and in-house legal, and across different with the findings of the report, rather than
regions of the UK in order to provide a having their own section as such. Some of
good overview of the individual challenges the leading voices we spoke to include:
and nuances experienced by different
groups in different sectors of the profession. • Farmida Bi, Norton Rose Fullbright

Number of roundtable discussions with • Koser Shaheen, HM Treasury

solicitors were broken down as follows: • Paulette Mastin, Linklaters

Table 1: Number of discussions • Sandra Wallace, DLA Piper

• Segun Osuntokun,
Early-Carer Mid-Carer Bryan Cave Leighton Paisner

Private • Tobi Rufus, Goldman Sachs

4 5
practice
In total we spoke in depth to around 80
In-house/
2 3 people from the profession. We found
government clear and consistent themes throughout
our discussions and are confident in the
robustness of our findings.
In addition we had three further mixed
groups with solicitors. The findings from all these methodologies
are used throughout the report in order to
To gauge and assess the current recruitment demonstrate, explore and substantiate the
practices, organisational values and any themes, challenges and actions.
solutions being utilised currently to improve
ethnic diversity by employers, a further six
roundtable discussions with 23 participants
using video technology were conducted
with HR, recruitment and D&I personnel
from a range of organisations across the
profession (firms, government and in-house).

The qualitative roundtable discussions

sought to engage a range of Black, Asian
and Minority Ethnic participants and
achieved a good mix of participation and
responses from across these groups but
strict, representative quotas were not applied
to participation, as the Law Society and DJS
Research were keen to welcome the views
and experiences of all of those willing to
participate and not ‘screen out’ participants
on the basis of their ethnicity within the
Black, Asian and Minority Ethnic category.

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The categorisation of Black, It’s good to talk
Asian and Minority Ethnic The quality and depth of the insight
The category ‘BAME’ has been used as gathered in this report has been very
a way of grouping people of colour from much dependent on the willingness,
the main minority ethnic communities in openness and honesty of those participating
the UK and contrasting their experience in the roundtable discussions. The issues
with the white population. However, the and experiences around race and ethnicity
term ‘BAME’ has attracted some criticism are not always easy to discuss, particularly
recently because of its frequent use in an open forum and particularly in relation
and the implication that it is referring to to a specific place of work.
a singular identity or set of experiences.
This research refers to exploring the Many participants noted how refreshing
experiences of Black, Asian and Minority and empowering it was to be given a safe
Ethnic solicitors in contrast to white and confidential forum in which they could
solicitors, but we recognise that it is not share their experiences and express their
how many individuals who come from views without fear of consequences on
those communities would describe their career prospects. It was widely noted
their identity, and there are important that such conversations were often difficult
differences in the experiences and issues to have in the workplace and within the
that people of different Black, Asian legal profession in general, and that they
or minority ethnicities face. often did not feel confident or able to raise
these issues in their workplace and feared
In addition, we recognise that people the repercussions if they did. It was often
are made up of a combination of commented that raising an issue like gender
characteristics and that issues such as was much easier to discuss than race, where
gender, sexual orientation, and socio- reactions from other (white) solicitors could
economic background, for example, can often be very defensive.
impact on experiences in isolation or in
intersection with ethnicity. Despite the perceived barriers around
broaching the topic in the workplace,
As we will explore further in this report, participants were not only very keen to
the statistics for overall Black, Asian be involved in the roundtables but also
and Minority Ethnic representation in strikingly honest and open in discussing
the profession are, on the face of it, their personal accounts of challenges and
improving, but upon further analysis, biases they have experienced.
disparities can be seen between the
different ethnic groups.

Throughout the report, efforts have

“I just want to thank the Law Society for
been made, where possible and where setting up these sessions. The important
pertinent, to demonstrate any findings thing is that people feel heard. I know it
by individual ethnic groups, but this has gets said a lot, but just being heard can
been largely determined by the data make a real difference to people. Making
and statistics, made publicly available space for these discussions, I welcome
by the sources cited. and certainly appreciate.”

This report, where possible, aims to Black, female solicitor

capture both the shared experiences
of the Black, Asian and Minority Ethnic
solicitors who took part in these
discussions as well as highlighting the
unique and specific experiences relating
to some of these individual ethnic groups.

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Race for inclusion:
the experiences of Black, Asian
& Minority Ethnic solicitors
Results from this research:
Representation of Black, Asian & Minority Ethnic solicitors is
improving but varies greatly between different backgrounds...
A significant proportion of solicitors
participating in the roundtable discussions are
the first within their family to go to university.
The Annual Statistics Report 2019,
They often don’t have the knowledge or
states that Black, Asian & Minority
connections others might benefit from. They
Ethnic solicitors represent 17.5% of are often not ‘expected’ to go into professions
PC holders with known ethnicity. like law by careers advisers.

However,
representation
10% 3% “I came from a rough area but got into
a good university where others had
across Black, Asian of lawyers are of lawyers are parents in law. They had invisible
& Ethnic Minority Asian compared Black matching advantages, of getting work experience,
groups shows a to 7% of the the workforce knowing how to talk better. They had
mixed picture… workforce in 2019. in 2019. support with applications, and I didn’t.”

Black, Asian & Minority Ethnic Several barriers to progressing to partnership

representation is lower in larger firms have been identified, including a lack of
and Black, Asian & Minority Ethnic sponsorship and guidance, differential allocation
solicitors are also less likely to reach of good work opportunities and, more generally,
senior positions in these organisations. not fitting in to the (predominantly white)
culture of the company.
The desire to raise issues around diversity
The largest firms and discrimination, is felt to be at odds
(50 + partners) have only... In the top 50 UK
with progressing to the level of partnership.
firms, more than

8% of Black, Asian & Minority twice as many white

Ethnic partners solicitors as Black, “In my firm, partnership is still an exclusive
Asian and Minority bubble. You have to be likeable. I need to

20% in single Ethnic solicitors be agreeable and moderate myself. If I

partner firms achieve partner am seen as the troublemaker raising these
equivalent status. issues, they won’t want me at the table.”

Black, Asian & Minority Ethnic solicitors are more Some solicitors recall that recruiters often
likely to work in particular sectors and earn less overall... suggested they enter into less lucrative
and competitive fields of law. The common
perception is that Black, Asian & Minority
The study found A 2017 SRA report shows an Ethnic candidates are more likely to be
Black, Asian & Minority increasing share of Black, successful with applications to these areas.
Ethnic solicitors felt Asian & Minority Ethnic
white trainees were solicitors leaving private “I did a vacation scheme, and the feedback
typically encouraged practice to work in-house, was ‘You are very engaging. You come
towards corporate and especially Black, Asian & across really well. I think you would make
commercial work, whilst Minority Ethnic female it in the legal profession, but you should
they were ‘pushed’ solicitors and particularly stick to High Street firms. People like you
towards personal injury, Asian females. are better suited there’.”
legal aid, immigration
and family work.
 When Black, Asian & Minority Ethnic solicitors
Black, Asian & Minority Ethnic speak up on matters of race and inequality, they
solicitors report lower levels of feel disheartened that the ‘safe’ environments in
wellbeing at work... which to do so, often just become talking shops.
There are few opportunities to raise such issues
Adverse with those at the top.
discrimination is

24%
of Black, Asian & Minority
reported by 13% of Black,
Asian & Ethnic Minority
solicitors and 16% reported
bullying, compared to 8%
The feeling of having no voice, has led many
to struggle with their mental health, paying for
counselling or taking a break from the profession.
Some note feelings of guilt for not doing enough
Ethnic solicitors and 13% respectively to raise these issues. 
report severe or extreme for their white
stress compared to counterparts.
18% of white solicitors. “I burnt out. Now that I’m on a break, I
haven’t been afraid to say controversial
things. If I don’t, the cycle won’t change.
Ethnicity was the most frequently People need to feel uncomfortable, because
recorded factor for Black, Asian what I have experienced is the reality, and
& Ethnic Minority solicitors. a lot of people who look and sound like me
have experienced the same.”

What works: best practice highlighted by the research

Some of the initiatives respondents have said worked in supporting diversity in the legal profession.

Measure entry level representation and Audit recruitment standards and advertising for bias, demand
the profession
1. Entry to

breakdown data for groups within the diverse shortlists, and ensure recruiters are diverse and trained
Black, Asian & Minority Ethnic category. in avoiding bias.

Focus outreach, paid work experience and Use fair recruitment practices Set targets if intake is not
internships on people who face greatest barriers such as blind shortlisting or representative for some
(e.g. because of socio-economic background). contextualised recruitment. groups (e.g. Black solicitors).

2. Retention, development 3. Focus on inclusion 4. Data & evaluation

& progression
Encourage and lead conversations Address any gaps in ethnicity
Monitor representation, retention about race, and have a senior level data and improve response rates
and progression for different sponsor for race inclusion. by being clear about how data
Black, Asian & Minority Ethnic will be used.
groups.
Use reverse and reciprocal mentoring
to develop more inclusive leaders. Take a data-driven approach to
Set targets for senior partners/ D&I, use metrics to identify problem
leaders and for key points in areas and design interventions.
the pipeline. Provide diversity training – ideally
face-to-face and impactful –
including on allyship. Publish key metrics such as the
Provide structured mentoring ethnicity pay gap and representation
programmes so Black, Asian in workforce and at senior levels.
& Minority Ethnic/all solicitors Ensure confidential ways of
can easily establish mentoring reporting racism, bullying and
relationships. harassment, and microaggressions Evaluate D&I interventions to
so staff feel safe speaking up. learn what works and what
further action is needed.
Monitor work allocation to ensure
more equitable distribution Include questions in staff surveys
of development opportunities. to assess inclusion and wellbeing, Tie senior leaders’ pay and
and analyse results by ethnicity. bonuses to D&I outcomes.

Put in place a more systematic

approach to partner selection. Ensure culturally diverse and www.lawsociety.org.uk
inclusive corporate and staff events.
Black, Asian and Minority Ethnic

Report prepared by djsresearch.co.uk

representation in the profession

14
A quick look at the UK view Black, Asian and Minority Ethnic
In terms of the overall employment market, representation and entry
government data from 2019 shows that, Overall, ethnic diversity in the legal
although the ethnic employment gap still sector appears to be similar to the general
exists, it is narrowing – in 2019, white ethnic population. The table below shows the
groups had an employment rate of 78% current composition of the profession
compared to 66% for other ethnic groups.1 by ethnic minority in 2019.
However, pay gap data reported by the
ONS in 2018 indicates that there are some Table 2: Ethnic composition of profession5
considerable disparities in the kinds of
employment and earnings received – Black No. of % of
employees earn on average 9.2% less whilst Ethnicity PC holders PC holder
employees of Bangladeshi or Pakistani
heritage earn 16.9% and 20.2% less than White
white employees. 2 Some groups in fact 96,843 83%
European
earn more than white employees, such
as the Chinese ethnic group (30.9% more)
African-
and Indian (12% more). 936 1%
Caribbean
A number of reviews into diversity in the
workplace and the experience of Black, Asian 11,821 10%
Asian and Minority Ethnic employees
indicate that there are still some wider Chinese 1782 2%
issues to be addressed when it comes to
ensuring that the UK labour market as a African 2,142 2%
whole is fully inclusive and representative.
The 2019 Race at Work Report published Other
3,620 3%
by Business in the Community (BITC), Ethnic origin
found that, while many UK businesses
are increasingly starting to measure and ALL Minority
20,301 17%
monitor some of the key indicators that Ethnic
mark progress towards racial equality,
one in four Black, Asian and Minority Ethnic
employees in the UK have experienced •C
 ensus data from 2011 shows that Black,
bullying and harassment.3 This builds Asian and Minority Ethnic communities
upon findings from the 2017 McGregor- make up 14.1% of England and Wales’ total
Smith Review, which found that people population.6 Data from the Law Society
from Black, Asian and Minority Ethnic shows a gradual increase in the number of
backgrounds were, overall, underemployed, Black, Asian and Minority Ethnic solicitors,
underpromoted and under-represented from 709 in 1990 to just over 20,000 in
at senior levels.4 As UK society becomes 2019. Black, Asian and Minority Ethnic
more diverse these issues need to be solicitors now represent 17.5% of practising
tackled now to avoid further perpetuating certificate (PC) holders with known
these problems. ethnicity.7

1
 NS data 2019.
O
2
h ttps://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/earningsandworkinghours/articles/
ethnicitypaygapsingreatbritain/2018
3
h ttps://www.bitc.org.uk/report/the-race-at-work-charter-one-year-on-2019/
4
h ttps://www.gov.uk/government/publications/race-in-the-workplace-the-mcgregor-smith-review
5
PC Holders Survey 2019.
6
https://www.ons.gov.uk/census/2011census
7
https://www.lawsociety.org.uk/topics/research/annual-statistics-report-2019

15 Report prepared by djsresearch.co.uk

 •T
 he proportion of Black, Asian and •H
 owever, much of the Black, Asian
Minority Ethnic solicitors within the SRA and Minority Ethnic representation in
database is increasing at a very similar the profession is within the Asian group.
rate to Black, Asian and Minority Ethnic
representation in the UK working age The chart below shows a steady rise in the
population, maintaining a roughly 3.5 proportion of solicitors being from a Black,
percentage points higher increase Asian and Minority Ethnic background.
than the change in the Black, Asian
and Minority Ethnic rate within the
UK working age population.

Chart 1: Black, Asian and Minority Ethnic solicitor representation (2000–2019)9

30,000 20
Number

20,000 15
10
10,000 5
0 0
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
Year

Total Black, Asian and Minority Ethnic solicitors % of all solicitors giving ethnicity

However, while the representation of Black, •S

 outh Asian solicitors are most likely to
Asian and Minority Ethnic solicitors overall achieve partner equivalent status, whereas
is improving, it varies greatly between Chinese solicitors fall far behind (note that
different groups within the Black, Asian Chinese is separate to Asian in our data).
and Minority Ethnic category: Overall, we see an under-representation of
solicitors from Black African or Caribbean
•T
 he profession has a much greater ethnic groups and they tend not to progress
proportion of Asian lawyers and a lower to partner roles.11
proportion of Black/Black Caribbean
or Mixed-race lawyers. 10% of lawyers
are Asian compared to 7% of the UK
workforce in 2018. Black lawyers make
up 3% reflecting the workforce in
2018 (3%).10

8
 JS Research analysis of the SRA regulated data 2015–2020.
D
9
Annual Statistics Report series (2000-2019).
10
h ttps://www.lawsociety.org.uk/topics/research/annual-statistics-report-2019
11
D JS Research analysis of Law Society PC holders survey data 2015–2020.

16 Report prepared by djsresearch.co.uk

The barriers to entry for Black,
Asian and Minority Ethnic solicitors “I grew up in a middle class area, we
Entering the legal profession is were one of perhaps three Black families
competitive and challenging for anyone, in the entire area. Our neighbours took
involving a number of different steps, a bit of our garden because they felt
they could and my parents didn’t actually
huge financial and time commitments
challenge that decision, because they
and all with no guarantee of success at felt that in the justice system, they
the end. Solicitors from Black, Asian probably wouldn’t get a fair deal and
and Minority Ethnic groups are more perhaps we didn’t have as much money
likely to face additional challenges. to pursue our rights. I was 12 years
old and I thought, I want to go into
law because of fairness and justice.”
Motivations for choosing
the profession Black, female solicitor
Many choose a career in law because
they feel it matches well with their
personalities and natural traits; often
being assertive, analytical and problem-
solving, good written and oral
communicators, and enjoying debates.
There may be additional motivational “For me it was from growing up in
factors such as a desire to contribute quite a deprived part of Birmingham
to the common good and rule of law. and seeing an awful lot of my friends
Role models and parental expectations at school getting on the wrong side
of the criminal justice system, and often
can also be very influential at an
seeing that they had quite a raw deal.
early age. I really wanted to become involved in
the criminal justice system so I could
A number of the Black solicitors who
be a voice essentially even for those
took part in the research mentioned who are disenfranchised. Even at
personal experiences influencing a young age, I knew that is what I
their decision to choose law, such wanted to do.”
as a family member or friend having a
poor interaction with the legal system, Black, female solicitor
prompting them to want to play some
part in actively improving the system
for others ‘like them’ and their families.
Some have also taken inspiration from
positive Black role models outside of
the family, with examples ranging from
TV lawyers to talks given at school or
college by Black, Asian and Minority
Ethnic solicitors.

17 Report prepared by djsresearch.co.uk

Asian solicitors participating in the A lack of role models and
research, more often than others, connections for young people
mentioned a strong sense of pressure The majority of Black, Asian and
and expectation from their families for Minority Ethnic solicitors, participating
them to enter into either law or medicine in the roundtables conducted for this
despite usually not having family members research, appear to be the first in their
in these fields. However, some Asian family to enter into the law profession.
females note that their parents would A significant proportion are also the first
have perhaps preferred them not to within their family to go to university.
have pursued such a demanding career. They often did not have the knowledge
and connections that others might benefit
from. They are also often not ‘expected’
to go into professions like law by schools
“I am not bright enough to be a doctor,
so a lawyer it was. It was the option and careers advisers.
that suited me the best from an Indian
household where your mum is like
‘you have got to study; you have got
to become something’. It comes from “I said I want to do law, I want to be
standing on the shoulders of a really a barrister, so I am going to do a law
hard-working family.” degree. She sort of paused, and then
she said ‘I am not sure that is for you’.
Asian, female solicitor It wasn’t even her place, she wasn’t the
careers advisor, this was the history
teacher and she said ‘you need to think
very carefully about that and I really
don’t think that is for you, and I really
think you should be reconsidering this’.”

B
 lack, female solicitor
“I think I was a bit of a disappointment,
especially for my mum. She really
wanted me to get married and have
children. Pakistani and being Muslim,
that was expected to be honest.”
On the whole, the law sector is still
Asian, female solicitor
predominantly white, especially at senior
levels. There is often a lack of visible
role models for young people from Black,
Asian and Minority Ethnic communities.

“So that is the whole role model point

and this idea that ‘you can’t be what
you can’t see’, you need a role model
to aspire to.”

B
 lack, female solicitor

18 Report prepared by djsresearch.co.uk

The intersection with a disadvantaged Without access to connections that can help
socio-economic background and ethnicity open doors to opportunities and ways of
Analysis of the Law Society’s PC holders entering into the profession, such as work
survey indicates that Black, Asian and placements and the odd ‘good word’ put
Minority Ethnic respondents are more likely in for them, many Black, Asian and Minority
to have gone to state school and been Ethnic solicitors note having to work even
eligible for free school meals compared to harder, achieve higher and prove themselves
the white respondents. Black African and even more than their often better connected
Caribbean are the most likely ethnic groups or more well-off peers.
to have had a state school education.12
The experience can be different for other
ethnic groups however, for example there “A lot of intelligent graduates fell
is an established Asian middle class. through the cracks because they
didn’t have those connections. If you
This is relevant, since experiences of getting are a working-class person, and your
into law appear to vary greatly depending parents are just working in a shop or
on socio-economic background. Those from a factory or something, they are not
more privileged backgrounds note having going to have that connection base to
far fewer difficulties or initial concerns; but assist you when you are going through
those from more disadvantaged backgrounds a career… It is a burden that you have
recall how the lack of good connections to bear, and you have to work through
it. It feels like you have to work twice
and guidance in terms of softer skills, such
as hard to get somewhere.”
as how to best present themselves during
an interview, fill in applications or how to Asian, male solicitor
navigate through the profession presented
difficulties for them.

The examples of nepotism reported by

“It’s very much about who you know some solicitors participating in the research,
and not what you know. I got sick and the perception that success is very
of seeing so many people with a much reliant on ‘who you know’ rather
clear lack of talent get the training than ‘what you know’, was substantiated
contracts, get the opportunities…
in the roundtables conducted with HR and
all because they had an uncle working
in the firm or their dad played golf recruitment professionals. Firms acknowledge
with the right person. These just that many organisations struggle to change
weren’t opportunities available to the status quo due to pressures from both
people like me.” clients and senior management.
Black, male solicitor

“Even to this day, despite us all

knowing it’s not right and it’s not fair,
we still do get requests for this person’s
A recent study conducted by the Bridge niece or nephew to have a placement
Group found that 53% of partners in the or whatever and although it has been
largest City law firms had attended an raised, it’s very difficult when the
independent school.13 This figure is much request is coming from one of our
biggest clients or a senior partner.”
higher than amongst senior professionals
from other sectors (39%).14 HR & Recruitment, Private Practice

12
DJS Research analysis of Law Society PC holders survey data 2015–2020.
13
https://www.thebridgegroup.org.uk/news/partner-law
14
Elitist Britain https://www.gov.uk/government/publications/elitist-britain-2019

19 Report prepared by djsresearch.co.uk

A high price to pay In addition to this, there is then the
The high cost of entering into the financial pressure faced when funding the
profession is especially prohibitive for LPC qualification and the level of uncertainty
those from poorer backgrounds. Many solicitors face about being able to secure
of the participants we spoke to had to a training contract. Despite many of the
take on multiple jobs or part-time jobs, solicitors securing good grades at good
which sometimes resulted in their universities, as well as holding down part-
studies being adversely impacted. time jobs, many found themselves going
between paralegal positions before
securing an opportunity.

“Coming from a different country, Those fortunate enough to have benefitted

I had no family support network from support schemes, often felt that
around me. I had to work three these are no longer available, indicating that
different jobs just to get by, so of there might be even fewer financial support
course when it came to taking the schemes available to trainees now than there
qualifying examination, I failed.” used to be, and certainly fewer opportunities
Black, female solicitor to receive support in relation to the volume
of candidates looking to break into the
profession.

A sense of not belonging at university

The initial financial barrier is of course Whilst many universities are very diverse,
the cost of funding and attending some of the solicitors in the roundtables
university, with some solicitors noting note a distinct lack of peers from similar
being fortunate enough to have pre- backgrounds to their own when attending
dated loans and some noting the Russell Group universities (even more recent
additional costs associated with having graduates) especially and, in their view, in
to relocate out of the family home particular when pursuing a degree in law.
in order to attend a good university.
Note that the experience of the law degree,
of its teaching, its curriculum and its
attainment outcomes are found to differ
“T he main thing for me was because for students from different ethnic groups,
I was a first year group to go through necessitating (as Kent Law School’s research
the £9,000 fees. That was a major proposes) a new anti-racist legal pedagogy,
issue for me, I was like I can’t take to tackle the barriers to inclusion at this early
the £9,000 loan each year, I need to level in the profession.15
apply for a scholarship and, luckily,
I got one. If I didn’t, I don’t think I This sense of being the ‘odd one out’
would have thought about going appears to have left some questioning for
to university, it would have been a the first time whether or not law was for
big issue for me, being in that much
‘people like them’ and left some questioning
amount of debt afterwards without
a guarantee.”
how well received they might be when
trying to enter into the profession itself.
Asian, male solicitor

15
 ttps://research.kent.ac.uk/decolonising-law-schools/wp-content/uploads/sites/866/2020/09/Towards-Anti-racist-Legal-
h
Pedagogy-A-Resource.pdf

20 Report prepared by djsresearch.co.uk

 The clear preference amongst law firms to
“W hen I did an LPC back in 2007, pursue candidates from the Russell Group
I may be underestimating here, but universities is well documented and is
there were only maybe three out consistently noted amongst both solicitors
of 100 non-white students. Actually, and recruiters alike in the roundtables
I remember feeling so out of place conducted. However, the challenges for
because most of my peers had come those from disadvantaged backgrounds in
from backgrounds where they were
entering these particular institutions can
familiar with commercials, their dad
owned a business, they had gone to mean that they can be particularly isolating
private school, it was expected of and inhospitable places for those from
them to do this.” under-represented ethnic minority groups.
Black, female solicitor

“Magic Circle firms generally tend to

take graduates from specific universities,
such as Cambridge and Oxford and if
The solicitors we spoke to note a feeling you look at the statistics of how many
of going against the expectations set law graduates are coming out of these
universities, who are of a Black, Asian
of them in pursuing a career such as law,
and Minority Ethnic background, it is
which required them to be particularly tiny for the ones who will be applying
self-determined, confident and self- for training contracts. So, that would
motivated in order take a different explain why generally you have such
path to those they went to school with. a low percentage of Black, Asian and
Attending universities where they had Minority Ethnic solicitors in these tier
little in common with those around them one firms.”
also required an even greater strength Black, female solicitor
of character in order to succeed.

“A s somebody who grew up in

Those who are not fortunate enough to
East London where the expectation
was, you are probably going to end get scholarships and cannot afford to pay
up in prison, the bar was set very low for student accommodation are often
anyway at secondary school. There limited to the institutions local to them.
wasn’t that level of expectation from
school.”

Black, male solicitor “I felt limited as to the universities that

I could apply to because I was paying.
I had to go to my local university, which
was fine. It was a good school, but
certainly since being in the profession,
I have definitely not been blind to the
fact that it is harder to get on based
on where I attended.”
“I came from a rough area but got into
a very good University where all the Black, female solicitor
other students had parents in law so
they had all these invisible advantages,
getting work experience, they knew
how to talk better, they had support
with applications and I had none of
that so I felt very out of place there.”

Asian, female solicitor

21 Report prepared by djsresearch.co.uk

The right ‘cultural fit’ for the profession A recurring theme to emerge from the
The solicitors attending the roundtables roundtables is of solicitors meeting all the
often refer to having made it ‘despite necessary qualifications, experience and
the system’ and that they had to learn training but getting rejected on the basis of
how best to ‘navigate the system’. The ‘cultural fit’ which, with hindsight, they now
profession is notoriously hard to enter, personally interpret as ‘not being white’.
training contracts are in no way guaranteed
and a position at a big City firm is very
hard to achieve. Particularly after the “I had gone through the whole process
financial crash in 2008, many had to work really successfully. The agency called
their way up through work experience me up and said ‘there is no reason why
or paralegal schemes, and a number of you wouldn’t end up in this role, in the
the solicitors we spoke to had considered testing you have done so far you have
giving up at, at least, one stage. We been the top performing candidate…
spoke to solicitors who did manage to but they haven’t seen you yet’. At that
point I realised that that is where the
enter the career, but many others would
real crunch was… I had the interview
not have made it. and they said basically he didn’t see
me fitting into the culture for the
The majority note this disappointing
organisation. That is the only reason
realisation that appears to happen to I didn’t get the job, I said ‘what does
virtually all Black, Asian and Minority that mean?’ and the recruiter said ’I
Ethnic solicitors that instead of a defined, can tell you what it is but I am sure
linear route to progression, organisations you already know’.”
are looking for a very specific ‘fit’ of
Black, male solicitor
candidate to integrate well into their
existing culture, which according to
roundtable participants, more often
than not, excludes Black, Asian and
Minority Ethnic solicitors.

“T he amount of times I kept getting

rejected and getting the same answer
“At education level, it didn’t really
‘not the right fit for the company’ or
affect me that much because you
‘not the right fit for the culture’, when
are only judged on the grades that
those who were accepted actually
you get. No one really cares where
performed more poorly in the written
you come from… What began to
assessments, over time it becomes
be apparent for me was when you
blatantly obvious what they mean.”
started to go to interviews you are
not just judging me on a piece of Black, female solicitor
paper, you have to meet me first
and you have to speak to me. I had
so many experiences where I felt
everything went well, but I didn’t
get it and I couldn’t work out
a good reason as to why.”

Asian, male solicitor

22 Report prepared by djsresearch.co.uk

A lack of clear or constructive feedback •H
 earing of colleagues in the profession
from both firms and recruiters as to why who were rejected time and time again until
they were not being accepted for roles, they changed their name to a western one.
despite meeting all the qualifications,
appears to be particularly upsetting and
demoralising for Black, Asian and Minority
Ethnic candidates; taking a toll mentally “T here was no point changing my name
to have to continually pick themselves as my education was in Nigeria so
there was nowhere to hide. I know of
back up again and put themselves through
colleagues who were rejected time
the recurring process of initial false hope and time again until they changed
and success, to result in rejection at the their name to a westernised one and
face-to-face stage. suddenly, they had no issues in getting
offered an interview.”

Black, female solicitor

“It gets to the stage where recruiters
don’t even want to give you feedback
because it’s the same thing again
and again so you’re left with nothing.
Nothing you can work on or build •B
 eing confused with other colleagues/
upon other than knowing it’s down applicants with other non-western names,
to something you can’t change about particularly those starting with the same
yourself which is the colour of your letter.
skin. Mentally that is a very difficult
thing to go through.” •B
 eing able to get through CV selection
Asian, female solicitor using a western name but to be met
with apparent surprise when greeted
at interview.

Many said they tried to navigate around

these barriers by opting for jobs where “My friend who is also Nigerian went
the interview process did not involve to Oxford so spoke the Queen’s English.
He had a series of very successful
a face-to-face interview until the very
telephone interviews with this guy
end, in order to try and prove themselves and got on really well with him. When
through exams and telephone interviews he went for his face-to-face interview,
first, before being discounted because the guy he had been speaking to
of their ethnicity. walked into the interview room, gave
him a confused look and walked out
again. He could hear him asking the
The influence of names
receptionist where he was and when
Several Black, Asian and Minority Ethnic the receptionist confirmed the correct
solicitors refer to feeling at an initial guy was in the room he insisted that
advantage because they happen to have there must have been a mistake.
a ‘white name’; others believe that they He didn’t get the job.”
have been at a disadvantage because Black, male solicitor
they do not. This includes:

•H
 earing from colleagues/those involved
in the recruitment process, that they
were aware of applications being
discounted because those assessing
CVs were unsure how to pronounce
the name of the candidate.

23 Report prepared by djsresearch.co.uk

The generation gap The marginalisation of Black, Asian and
In addition to some of the barriers Minority Ethnic solicitors in the sector
mentioned above, there appears to be While statistics indicate that Black, Asian
an additional challenge faced by Black, and Minority Ethnic representation across
Asian and Minority Ethnic solicitors who the profession as a whole is improving,
are first or second generation immigrants. there is a clear disparity in Black, Asian
They are less likely to have a family member and Minority Ethnic representation across
who has ‘paved the way’ for them, or is in different firm types;
a professional career where they can pass
on advice about how to get to university • In small firms, almost a quarter of all
or instil softer skills around application solicitors are from Black, Asian and
forms and interview techniques. Minority Ethnic backgrounds but just
one in ten solicitors are from a Black,
Asian and Minority Ethnic background
in the largest firms.16
“I found it interesting that virtually
all other Black and Asian people •B
 lack, Asian and Minority Ethnic solicitors
in the legal sector I came across are proportionately represented in most
were actually from 3rd or even 4th regions compared to local populations, but
generation backgrounds. They were substantially under-represented in London
actually very different to me with compared to the local population.17
completely different life experiences
and a different class to me. Their •T
 he Law Society’s PC holders survey shows
parents had already broken through a greater proportion of white solicitors
those barriers so that was actually working in Commerce and Industry. Black
quite isolating.”
solicitors have a higher likelihood to be
Asian, female solicitor working in local government, and Mixed
and Asian groups working in private
practice.18

•A
 nalysis of the SRA database shows that
the proportion of Black, Asian and Minority
Those who did start their education in a Ethnic solicitors decreases as size of firm
foreign country, recall experiencing further increases. In firms with up to 20 fee earners,
difficulties in trying to establish themselves 23.9% of individuals are from Black, Asian
in the UK; they perceive that admissions and Minority Ethnic backgrounds, whilst
processes appear to disadvantage those only 10.9% of individuals in large firms with
entering from African and Asian countries more than 250 fee earners are from Black,
versus those from countries such as Australia Asian and Minority Ethnic backgrounds.
or Canada; employers appear to avoid
•T
 his is also reflected in the Black, Asian
applications referencing education attained
and Minority Ethnic proportions in the firms
outside the UK.
with the highest turnover. The proportion
In order to overcome biases in the application of Black, Asian and Minority Ethnic solicitors
and recruitment processes, many Black, Asian decreases from 30% within firms with up
and Minority Ethnic solicitors feel pressure to £1million turnover to 10.9% within firms
to overcompensate with their performance with a turnover of £100million or more.19
during tests and at the telephone interview
stage. However, for those with a clearly non-
British accent, this route around initial biases
in the process becomes even more difficult.

16
DJS Research analysis of SRA solicitors database.
17
DJS Research analysis of Law Society PC holders survey data 2015–2020.
18
DJS Research analysis of Law Society PC holders survey data 2015–2020.
19
DJS Research analysis of SRA solicitors database.

24 Report prepared by djsresearch.co.uk

•A
 2017 SRA report shows an increasing Some Black, Asian and Minority Ethnic
share of Black, Asian and Minority Ethnic solicitors believe that, despite having the
solicitors leaving private practice to work right experience and qualifications, there
in-house. This trend is most pronounced are certain firms that they will have less
amongst Black, Asian and Minority chance of getting into. So, instead, they
Ethnic female solicitors moving in-house, target applications at organisations,
particularly those of Asian origin. 20 they feel, are more likely to accept and
consider Black, Asian and Minority Ethnic
Standing a better chance: some sectors candidates (especially those with existing
and areas are deemed to be more open senior Black, Asian and Minority Ethnic
to considering Black, Asian and Minority employees). One solicitor participating
Ethnic candidates in the roundtables was even told as much
by a large commercial firm:
In the roundtables conducted, some
solicitors recall that recruiters and others
advising would often suggest they enter
into fields of law that are less lucrative “I also did a vacation scheme, I did
and competitive and into sectors such as request feedback, I did not get a
family law, personal injury and high street training contract out of it. The feedback
firms. The common perception appears to I got … [was] … ‘you are very engaging,
be that Black, Asian and Minority Ethnic you come across really well, I think you
candidates are more likely to be successful would make it in the law, but I think you
should stick to High Street firms because
with their applications to these types of
people like you are better suited at High
organisations. Street firms.’”
Indeed, even those working internally in Asian, female solicitor
HR and recruitment within firms echo the
claim that recruitment organisations tend
to not send them applications from Black,
Asian and Minority Ethnic candidates, but
they do recognise that this may well be
in response to these candidates having In-house legal departments and large City
been historically less successful at gaining firms are also noted to appear to be less
a place with them in the past: welcoming due to the images they portray
of themselves in terms of marketing materials
and often the way they go about targeting
their recruitment at very specific types of
“We are now saying to agencies to candidates within the top tier universities:
please send us a more diverse pool
of candidates as this hasn’t always
been the case, now, whether or not
that is as a result of these types of
“I stopped going to law fairs at university
candidates having not been successful
because they were just horrific. We had
in the past, I’m not sure, but there’s
all the big magic circles firms there but
definitely more that can be done at
there weren’t any high street firms, only
that stage.”
the big firms used to turn up and what
H
 R & Recruitment, Private Practice they used to do is have these banners
up, free pens, mints whatever and they
used to send along quite often trainee
solicitors... They looked at me and my
friends and they looked the other way.”

Asian, male solicitor

20
https://www.sra.org.uk/sra/how-we-work/reports/diversity-legal-profession

25 Report prepared by djsresearch.co.uk

Black, Asian and Minority Ethnic solicitors In reality, solicitors outline a mixed picture
recall having targeted their applications to regarding the employment experience
firms in more ethnically diverse areas (inner that these organisations provide for Black,
city) as they felt it would be a better fit for Asian and Minority Ethnic solicitors. Some
them and they may be more likely to have do report an increase in higher-profile
fellow Black, Asian and Minority Ethnic work and responsibility, as well as a more
colleagues, even if this meant having to progressive approach in terms of work-life
commute some distance away from the balance than in law firms they had been
area they lived in: employed by. However, instances of racial
biases and microaggressions appear to be
hard to entirely avoid, much to the dismay
and disappointment of some who were
“Even though I live in Bristol I applied
for jobs in Birmingham as at that
hoping to escape these experiences.
time there were very few firms with
good levels of diversity and I felt
like I would have less chance of
“I didn’t necessarily have a very warm
being successful and less chance
welcome. You kind of got the impression
of fitting in.”
that people were looking at you, what
A
 sian, female solicitor are you doing here? I didn’t feel very
welcomed at all and unlike my initial
thoughts as to how the landscape
would be, it wasn’t very diverse at all.”

Black, female solicitor

Movement away from firms: a hope

that the grass may be greener
In the roundtable groups conducted with
Retention of Black, Asian
solicitors working either in-house or in
and Minority Ethnic solicitors
government, it is clear that many have
consciously made the decision to move Although representation as a whole for
away from law firms in the hope that their Black, Asian and Minority Ethnic solicitors
experiences and prospects may be better is improving, we know from quantitative
than their experiences within these firms, data gathered that Black, Asian and Minority
including: Ethnic solicitors are more likely to move
sector throughout their career. Our analysis
•A
 hope that these organisations may of the SRA database shows that a greater
be more ethnically diverse and therefore proportion of white males remain in the same
make them feel like they ‘fit in’ more. firm and sector, whereas Black, Asian and
Minority Ethnic females are the group who
•A
 hope that organisations outside of
are most likely to have moved firm or sector,
the law profession may be less corporate
with around half having done so within the
in their culture, which in turn would be
six years from 2015 to 2020.
more welcoming to those from different
backgrounds. The largest proportion of Black, Asian and
Minority Ethnic solicitors who have moved
•A
 hope that being one of very few
from another sector are now working within
law professionals working within these
government and other in-house roles.
organisations, the work they are assigned
may be distributed more fairly and be
more fulfilling.

•A
 hope that they may experience fewer
microaggressions and racial biases in
these organisations.

26 Report prepared by djsresearch.co.uk

 “You think, ‘this isn’t the only place I “T he retention thing is something I am
need to work, if these people aren’t a bit disheartened by actually because
going to accept me, then I will just there is so much work and so much
go somewhere else’ then you just being put into attracting young talent
leave! … You think, ‘life is too short, into the pipeline and then you just look
I don’t have to put up with this at the curve and people are dropping
madness, let me just go somewhere off. It is just not acceptable really; we
else’. I have had people who have need to do something to be more
left law altogether and gone to work inclusive.”
on the finance side, which I do think
is generally more diverse from a HR & Recruitment, Private Practice
race point of view, like investment
banking.”

B
 lack, female solicitor
Better practice to ensure
representation in the profession

A commitment to change
Black, Asian and Minority Ethnic All of the firms we spoke to during our
solicitors are also more likely to set up research are committed to improving
as sole practitioners. Black, Asian and diversity and inclusion at their company.
Minority Ethnic solicitors are in fact twice There is increasing focus on this, not just
as likely to be sole practitioners than as a social responsibility issue, but as a
white solicitors. 21 commercial issue, as clients are taking
representation into account when choosing
Retention rates within organisations which firms will represent them. Groups of
appear to be closely linked to progression; in-house clients are also leading initiatives
when we look at those who became such as the General Counsel for Diversity
partners between 2015 and 2020, we see & Inclusion. Increasingly, clients are asking
that 42% of white males who became for information on representation at all
partners stay in the same sector and firm, levels across the firm and when considering
but only 20% of Black, Asian and Minority any work done specifically for them.
Ethnic males are promoted within their
existing employer, indicating Black, Asian There are also a number of schemes
and Minority Ethnic solicitors seem that encourage firms to sign up to a
particularly disadvantaged and tend to commitment such as the national Race
have to move firm or sector to take Charter, the recruiter, Rare’s, ‘Race Fairness
advantage of promotions to partnership Commitment’ and the Law Firm Anti-Racism
roles. 22 Alliance (in the US), as well as a number
of internal schemes and commitments
A number of law firms we spoke to during from the law firms themselves.
the roundtables also note that many of
their challenges around improving diversity
in the business are more in relation to
retaining Black, Asian and Minority Ethnic
staff as opposed to just attracting and
recruiting them.

21
DJS Research analysis of SRA database.
22
DJS Research analysis of SRA database.

27 Report prepared by djsresearch.co.uk

Upon review of the websites for the largest 3) Breeding creativity
100 law firms in the UK (based on turnover),
it appears that most of the largest law firms 4) Better responding to needs
are proactive with their policies regarding of different communities
diversity. Not all firms disclose representation for
Out of the 100 law firms reviewed, 73 Black, Asian and Minority Ethnic solicitors
have diversity statistics (including ethnicity at the firm, but the numbers usually vary
breakdown) available on their websites. between 12% and 20%, and there is a visible
A few of them only display global figures, positive trend compared to previous years,
but sharing UK-specific data is a more when data is available.
common practice. In addition, 11 firms Key policies/practices across
are voluntarily publishing ethnicity pay different organisations:
gap reports in addition to gender pay
gap reports. •R
 everse Mentoring Programme: junior
members of the organisation from under-
However, the data published is rarely represented groups mentor their senior
broken down further by ethnicity within the colleagues
Black, Asian and Minority Ethnic category,
which leads to inequalities facing some •S
 ome firms have recruitment marketing
groups being potentially understated. programmes aimed specifically at Black,
Asian and Minority Ethnic lawyers
The vast majority of firms have a diversity
statement on their website, usually focusing •D
 iversity initiatives: such as a
on their dedication to creating a culturally multiculturalism network that organises
diverse environment for their employees. events to promote certain cultures and
Only a couple of firms have no mention of traditions (e.g. celebration of Nowruz,
their diversity strategy on their websites. Chinese New Year, Ramadan etc.).

There are firms who go beyond Many firms recognise though that they have
statements, and also report on social not yet gone far enough and that there are
mobility, gender identity, disability, sexual some barriers to them doing more, but they
orientation, age, caring responsibility, and are keen to learn and do what they can. The
faith/belief. Collecting and monitoring this barriers often relate to time, resources and
data is challenging, however, as it requires momentum to do the things they plan on
a large enough percentage of employees and also a feeling at senior levels that some
to be willing to share information about initiatives are going ’too far’.
themselves, and enough resource to be
allocated for data analysis. Blind and contextualised recruitment
One of the reoccurring themes throughout We spent quite a bit of time in our HR/
firms’ websites is that their clients care recruiter discussions (as well as our solicitor
about diversity strategies they have in discussions) exploring what could be done
place, and tend to expect law firms to to improve representation within their
be proactive in their approach. organisations and across the profession.

Other drivers for promoting and reporting A number of larger firms and organisations
on diversity often mentioned are: are using blind recruitment techniques that
are either applied in-house or by recruitment
1) Increasing employee satisfaction, agencies. We received mixed feedback in
productivity and retention regard to blind recruitment with recruiters
generally being more positive about it as
2) H
 aving access to more varied opinions,
a practice than solicitors.
and therefore being able to be more
effective and efficient as a company

28 Report prepared by djsresearch.co.uk

Blind recruitment allows candidates that
would have been rejected at the outset, “T he contextualised piece is something
an opportunity to progress further through I have been trying to introduce here
the process than they would have done because the people who my firm
otherwise. It helps senior level staff wanted to attract five or so years ago,
to re-focus on personal attributes and your Oxbridge students, and you look
achievements rather than factors that may at their pathway into qualification and
then you maybe compare that with an
have traditionally swayed them, for or against
individual who may be the first in their
candidates. There are concerns, however, family to go to university, and all of
that biases are simply pushed back to the the hurdles, the microaggressions, the
face-to-face stage of the process and it may under representation that person had
be more draining and hurtful for solicitors to endure in order to qualify. That
to experience biases at a later stage after resilience, depth of character and
having invested more time and effort into determination is really what we want in
the process. the firm, but if we are purely looking at
the grades, we have missed all of that.”
However, blanking out names and ethnicity
HR & Recruitment, Private Practice
does little to stop employers from still
valuing certain attributes, experiences and
achievements that continue to put Black,
Asian and Minority Ethnic candidates at a
disadvantage e.g. valuing work experience
However, although some firms appear to
gained due to family connections, valuing
be willing to take factors such as background
attendance at particular universities, being
and social mobility into consideration, others
impressed by hobbies and activities more
still stop short of being willing to re-consider
likely to be pursued by those from privileged
their position on academic attainment, which
backgrounds etc. Although true blind
in itself may be one of the largest barriers to
recruitment should remove all markers
improved diversity.
such as names of schools and universities.

Overall, contextualised recruitment appears

to be considered a more sophisticated
and useful technique in helping to ensure “In terms of the partners, they want to
that Black, Asian and Minority Ethnic do the right thing but they still want
candidates are more likely to be considered. the academic best, that is something
I feel is quite non-negotiable. They do
Especially tools that help to ensure that the
like people with a very strong academic
achievements of those from underprivileged background. They are all open to
backgrounds are upweighted against those improving the diversity, improving the
from more privileged backgrounds and that inclusion, whilst retaining the same
life experiences such as additional jobs to quality.”
help fund education are considered and
HR & Recruitment, Private Practice
balanced against academic achievements.

29 Report prepared by djsresearch.co.uk

Unconscious bias training
Training in recognising unconscious bias “Unless people have applied directly
on selection is seen to be useful, but too to us, we won’t necessarily know their
often can be ‘fluffy’ and lack impact and ethnic background. We are trying to
consist of just a half hour, online course. work with our recruitment system and
the agency to set up some way that we
In-person training that recognises the
can actually track the diversity of who
need for difficult conversations is seen is actually expressing an interest in our
to be more effective. positions, so we can see where the
issues lie.”
Improved data collection and reporting HR & Recruitment, Private Practice
When reviewing the websites of the
largest 100 law firms in the UK (by
turnover), of the firms reviewed, 73 have
diversity statistics (including ethnicity
breakdown) available. However, the data We know that, overall, the statistics
published is rarely detailed, which leads show that Black, Asian and Minority Ethnic
to the under-representation of some representation is improving but this can
groups within the Black, Asian and Minority mask important differences between ethnic
Ethnic category and the reasons for that groups within that category. Similarly, it
not being addressed. Additionally, firms may also be interesting to report on and
are generally not reporting on how diversity explore the statistics based on the different
statistics vary across the different levels immigrant generations.
of seniority in the organisation. Many
of the Black, Asian and Minority Ethnic
solicitors we spoke to in the roundtables
believe that knowing that people from “T he only reason the figures for Black,
a similar background to themselves are Asian and Minority Ethnic representation
not only present, but clearly progressing is improving is because the higher
well within an organisation, would go proportions in the community but also
because there are more entering now
some way in helping to reassure them
who are perhaps 3rd or 4th generation
and encourage them to apply. whose parents or grandparents have
already broken down those barriers and
Due to a lack of available data from
paved the way for them. The generation
recruiters and blind recruitment practices, of Black, Asian and Minority Ethnic
some HR and recruitment personnel solicitors now, many of them went to
participating in the roundtables note that private schools or had parents in law
it is currently very difficult to measure too, so the experience for those who
and monitor the proportion of successful are first or second generation is really
Black, Asian and Minority Ethnic candidates quite different.”
in relation to the overall number of those Asian, female solicitor
expressing interest. It may therefore
be worthwhile working with recruitment
agencies to help better collect and monitor
ethnicity data in a way which still withholds
the information during the live application
process.

30 Report prepared by djsresearch.co.uk

Diversity targets The general consensus on targets
Although many of the HR and recruitment amongst solicitors is that they are a useful
personnel we spoke to in the roundtables tool to help ensure that improved diversity
express an increased focus and level of is not only addressed but effectively
importance being placed on improving measured. However, some were more
ethnic diversity in their firms (which many wary that targets may result in positive
recognise simply is not good enough at discrimination. The topic did spark lively
the moment), we found that few firms have debate amongst solicitors with some stating
either set targets in this area or are indeed that certain organisations will only make
likely to consider setting ethnicity targets a real change if they are forced to. Targets
in the near future. are considered useful in aiding improved
representation for Black, Asian and Minority
Targets around gender diversity seem Ethnic solicitors in a system where they
to be more reasonable to set for some, are clearly disadvantaged.
predominantly because they were perceived
to be more achievable. Many claim that Concerns around diversity targets include:
ethnicity targets are just not feasible or
•O
 rganisations may only set targets that they
indeed popular amongst senior staff, either
know can be very easily achieved or would
due to the size of the firm or the lack of
have otherwise been achieved without
available Black, Asian and Minority Ethnic
making any real changes.
candidates. However, given that some firms
are unwilling to reconsider their position •O
 rganisations may have a false sense
on academic attainment and attendance at of being diverse and inclusive based on
specific universities, it may be that they are meeting targets and quotas for recruitment,
unnecessarily shrinking the Black, Asian and and not address issues relating to retention,
Minority Ethnic talent pool. One of the few progression and culture.
firms that has set targets, notes difficulties
in both achieving and setting these: •O
 rganisations may struggle to determine
appropriate proportions for targets without
there being good, up-to-date data around:

• t he ethnic mix in the local population

“We have set a goal to increase
overall representation of ethnic • t he proportion of Black, Asian and
minority groups across the UK Minority Ethnic law graduates coming
business to 14% by 2022 and out of individual universities
specifically to 10% of our partnership
by 2025… It isn’t looking like we are • t he proportion of Black, Asian and
going to achieve it, but I think for Minority Ethnic candidates who register
us targets are problematic. Some
interest in roles advertised but are not
people are really against them and
some people are for them. We
successful/or put forward by recruitment
decided to do it because it felt like agencies
a way of maintaining the focus and
•T
 hey may be divisive and controversial
maintaining the pressure on it, and
because it is an external thing, we to introduce.
are accountable to the wider industry,
to our clients and to the communities
around... It is aspirational as well,
what gets measured, gets done… I
think in a law firm where everybody
is focused on chargeable hours and
various other targets, it kind of fits
from that perspective… It is helpful
in lots of ways to have that focus.”

HR & Recruitment, Private Practice

31 Report prepared by djsresearch.co.uk

The perceived benefits Proactively targeting
of targets include: and supporting students
• T hey compel organisations to take timely Feedback from Black, Asian and Minority
actions that bring about tangible change. Ethnic solicitors suggests that talks from
legal professionals at their school or
•T
 hey compel organisations to more college were often quite impactful on
effectively measure and monitor levels their decision making, particularly for those
of diversity. with few role models in their families or
•E
 ven if numbers are not met, it may immediate circles. Many also noted the
help to at least try and make internal difficulties in understanding what options
and recruitment processes fairer. are open to them in law and difficulties
around understanding how to best go
•E
 ven if they do put Black, Asian and about pursuing a career in the field with
Minority Ethnic candidates at a slight little guidance at their disposal.
advantage this only helps to redress
the number of disadvantages that It is widely suggested by both solicitors and
the candidate is likely to have faced firms that employers taking a more proactive
as someone from a Black, Asian and role in attending career events, providing
Minority Ethnic background throughout talks or even looking at sponsorship
the whole education, training and opportunities for students in disadvantaged
recruitment process. areas, are a good way of ensuring future
Black, Asian and Minority Ethnic talent in
the profession. This approach is likely to
Diverse recruitment panels
make a real difference to the lives of some
Where possible, having diverse that would have otherwise not considered
recruitment panels is felt to be a quick, law to be a viable pathway for them.
achievable and easily actionable way
to help ensure that those selecting Some organisations do note that smaller
candidates are not going to be simply organisations or organisations without
shortlisting those who ‘are an image of a dedicated D&I function, resources and
their younger selves’ (e.g. attended the manpower may not have the opportunity
same university, have similar hobbies and to conduct these types of activities.
aspirations etc.). This is often noted to
be a key influencing factor in selection,
whether conscious or unconscious.
Solicitors often recall the importance to “O utreach to schools is something
that has been flagged and talked
them during their job searches to identify
about quite a lot for us recently as well.
organisations that already had employed People have said things like perhaps
solicitors from a similar background to events before they are going to
their own. Some feel that having a Black, secondary school, people are deciding
Asian and Minority Ethnic representative and closing themselves off to certain
on the panel would have helped to put things such as law, because there is
them more at ease in an interview situation. that perception that it is not for them
or they can’t see those examples… [but]
However, it is noted that in smaller where D&I teams are small, in relation
organisations or organisations where there to the overall size of the organisation,
currently are fewer Black, Asian and Minority and I think resources are a big challenge,
it is such a big piece to tackle.”
Ethnic employees, it can be, practically,
very difficult to ensure diverse panels and HR & Recruitment, Private Practice
potentially very difficult and taxing for a
small number of Black, Asian and Minority
Ethnic employees to sit in on numerous
recruitment panels in addition to their
own workloads.

32 Report prepared by djsresearch.co.uk

Black, Asian and Minority Ethnic

Report prepared by djsresearch.co.uk

experiences in the law profession

33
Black, Asian and Minority Ethnic •W
 hite solicitors are significantly more likely
solicitors report lower levels of to report higher levels of life satisfaction
health and wellbeing and happiness, as well as being more likely
Quantitative analysis of data from the to feel that the things they do in their life
Law Society PC holders survey over the are worthwhile. Out of the Black, Asian
past five years also demonstrates that and Minority Ethnic groups, Asian solicitors
Black, Asian and Minority Ethnic solicitors report the lowest levels in these areas. 23
report lower levels of wellbeing at work
and higher levels of stress. The Law Society Table 3: Wellbeing reported scores
PC holders survey shows that 95% of
solicitors report some level of work-related Black, Asian
stress (mild to extreme). However, the % Scoring and Minority
individual wellbeing measures for Black, 8-10 for... White Ethnic
Asian and Minority Ethnic solicitors appear
to be especially concerning and may go Overall, how
some way to explain why Black, Asian and satisfied are
Minority Ethnic solicitors are more likely 66%* 51%
you with your
to feel the need to move roles or into life nowadays?
different sectors more frequently than
their white colleagues, in seeking an Overall, to
improved career experience: what extent
•2
 4.3% of Black, Asian and Minority do you feel
the things 67%* 57%
Ethnic respondents reported severe or
extreme stress compared to 17.6% of you do in
the white solicitors (highly significant). your life are
worthwhile?
•T
 he highest levels of stress were
recorded by the mixed ethnicities Overall,
(25.5%) and Asian solicitors, where how happy
24.8% reported high levels of stress. 59%* 51%
did you feel
yesterday?
•3
 .2% of the white solicitors and 4.1%
of Black, Asian and Minority Ethnic
Overall,
solicitors have taken time off work due
how anxious
to stress. However, white solicitors took 13% 13%
did you feel
an average of 16 days, which is double
yesterday?
that reported for Black, Asian and
Minority Ethnic solicitors. This appears
*significantly higher than the
to indicate that Black, Asian and
average at 95% confidence level.
Minority Ethnic solicitors perhaps feel
less comfortable or able to take the
time off.

•W
 hite solicitors give a higher general
health rating with a significantly greater
proportion giving a rating of ‘Very Good’
health compared to Black, Asian and
Minority Ethnic solicitors. Asian solicitors
report the lowest health ratings.

23
DJS Research analysis of Law Society PC holders survey data 2015–2020.

34 Report prepared by djsresearch.co.uk

A need to work harder and
longer to prove themselves “W hen I did actually qualify and entered
Part of the reason why Black, Asian the real world, the private sector, I felt
and Minority Ethnic solicitors may be like it was a little bit more discriminatory
experiencing lower levels of wellbeing and than perhaps the public sector, in
regard to somebody like me. I think
higher levels of stress may be due to the
I was always trying harder, working
fact that they appear to feel the need to harder and certainly didn’t feel I got
have to work harder and longer than their as much recognition for what I did.”
white colleagues in order to be accepted,
recognised and to progress. From our Black, female solicitor
analysis of the Law Society’s PC holders
survey we learnt that:

•F
 ull-time Black, Asian and Minority A pressure to change:
Ethnic solicitors are working an average fitting into the firm culture
of 1.5 hours more per week and part- As previously noted, we know that many
time Black, Asian and Minority Ethnic law firms tend to opt for candidates that
solicitors are working 0.9 hours more meet a particular fit in terms of background,
than their part-time white counterparts. name, accent and education but in the
•B
 lack, Asian and Minority Ethnic roundtables it was also frequently noted that,
solicitors working in private practice, even once successful in gaining a position,
in particular, are significantly more Black, Asian and Minority Ethnic solicitors
likely to be working longer hours than still feel the pressure to adapt to and
white solicitors in this setting. embrace a culture that is often far removed
from their own. Examples of this included:
Feedback gathered in the roundtables
appears to indicate that Black, Asian and •A
 pressure to partake in ‘white male’
Minority Ethnic solicitors very much feel social activities – particularly drinking
that they have to go above and beyond alcohol, sporting events, going to the
their white colleagues in terms of effort in races or other gambling related venues
order to ensure that they are recognised and socialising in pubs/bars late at night
by senior colleagues when it comes in order to make connections and get
to considerations around progression, noticed amongst senior staff. Many note
remuneration and bonuses. that even official company outings and
events tend to have a focus on these
types of activities and attendance is often
“You start questioning yourself, is compulsory or, at least, non-attendance
it me? For years I ignored it, and was frowned upon.
just tried to work harder… it was
a running joke at my firm. There were
four Asians, who used to stay the
longest and we were known as ‘the
“We received feedback once about
curry club’, because we stayed the
a work event we held which was wine
longest. Quite often we were there
tasting. The venue couldn’t provide
until half 7 or 8pm trying to make
any alternative for those who didn’t
the difference, to try and be noticed.
drink so they either couldn’t participate
Whereas, none of our white colleagues
or participate and spit it out which
did that, they would just go home or
obviously isn’t ideal.”
go to the gym or whatever they did
at half 5.” HR & Recruitment, Private Practice
A sian, male solicitor

35 Report prepared by djsresearch.co.uk

•A
 pressure to enjoy or partake in white,
middle class hobbies such as skiing, golfing “I couldn’t let go the way some of my
or cultural events not necessarily observed white colleagues did. Dress down
by those from different backgrounds. Friday for example and they would
come dressed in their jeans and t-shirt,
I would deliberately dress smart,
smart casual. If I dressed the way that
“I have to second guess everything I say they did and walked down the corridor
and do, it is such a level and the most and I wasn’t known, I would be picked
trivial things, with what I am eating, out as the cleaner or the tea boy, it
with what I listen to, what my interests happened regularly.”
are, what I talk about, how I talk, what
Black, male solicitor
I wear and when we go lunches or
drinks… I find that really difficult.”

A
 sian, female solicitor

•H
 aving to adopt western hairstyles rather
than wear their hair in its natural state (this
is particularly the case for Black females).

•A
 pressure to ‘look smart’ but according to
western cultural standards and preferences.
“I dare not go with the braided hair
that would be too much. This Black
woman being a little bit ‘out there’
with her smart trousers suit and at the
“I would wear a smart black dress same time sporting a braided look.
but it was in an Asian style and cut. So, I didn’t have the braids.”
I was pulled aside by a colleague
once who said to me that if I wanted Black, female solicitor
to progress and succeed in this career
that I would need to adapt and wear
more western styles of clothing.”

Asian, female solicitor

•B
 lack solicitors note in particular feeling
the need to tone down their personalities
and appear less confident, vocal and
assertive in order to avoid being labelled
as ‘aggressive’ or ‘sassy’. They feel that this
In order to adapt and try and ‘fit in’ to is very much due to cultural stereotyping
the culture, Black, Asian and Minority and that similar traits in a white solicitor
Ethnic solicitors note a number of ways would be viewed much more positively.
in which they have had to adapt what they
say, do and even how they look and act:

•A
 void talking about their own family,
“For white males it is great, you were
background or cultural/religious really assertive there, that is full on
observances. fantastic but why as a Black female is it
considered aggressive? Not that I have
•H
 aving to dress in formal western
had to change who I am but I have had
clothes, rather than traditional ethnic to bite my tongue quite a lot and hold
formal clothes or over-dress in order back a bit, but I felt that was needed
to battle pre-conceptions. to survive and just get on with it.”

Black, female solicitor

36 Report prepared by djsresearch.co.uk

UK law firms were compared unfavourably Discrimination takes many forms:
to in-house law and US law firms that experiences of othering, exclusion
tended to be seen to be more diverse and microaggressions
generally in terms of employee representation.
In-house law tended to be larger companies Analysis of the Law Society’s PC
with more progressive policies around holders survey shows that:
diversity and greater ethnic diversity. US law •D
 iscrimination was reported by 13% of
firms tended to just be more diverse in part Black, Asian and Minority Ethnic solicitors
because of the greater ethnic diversity in (8% for white solicitors) and 16% reported
the US, although some noted that this was bullying (14% for white solicitors). Ethnicity
still not reflected in senior leadership. UK law was the most frequently recorded factor
firms were often seen to be stereotypically for the Black, Asian and Minority Ethnic
“British” and a little old fashioned and elitist. solicitors.

•A
 third of Black African and Caribbean
solicitors say they have experienced
some form of discrimination or bullying
in the workplace – the highest reported
experience of any ethnic group. 24

Chart 2: Experience of discrimination or bullying by ethnic group

25%

23.5%
20%

18.9%
15%
17.9%

17.0%
15.3%
14.7%
13.5%

12.8%

10%
12.2%
7.8%

5%

0%
White Mixed/multiple Asian or Asian Black/African/ Other ethnic
ethnic group British Caribbean/Black group
British
Adverse discrimination Bullying

Of those who experienced discrimination, Note that female solicitors are more likely
solicitors were asked what they attributed to be Black, Asian and Minority Ethnic (19%)
the discrimination to. Ethnicity was the most than male solicitors (14%). Religion was
frequently recorded factor for the Black, also much more likely to be mentioned by
Asian and Minority Ethnic group and gender Black, Asian and Minority Ethnic groups.
was the main reason cited by white solicitors.

24
DJS Research analysis of Law Society PC holders survey data 2015–2020.

37 Report prepared by djsresearch.co.uk

Table 4: Reported discrimination

What do you attribute the discrimination Black, Asian and

to (those who experienced discrimination) White Minority Ethnic

Your age 23.7% 21.3%

Your religion 1.7% 11.3%

Your ethnicity 7.6% 62.5%

Your sexual orientation 3.4% 2.5%

Your sex 64.4% 32.5%

A disability 5.9% 1.3%

Although many of the solicitors in the Misidentification: Black, Asian and Minority
roundtables have often experienced Ethnic solicitors with non-western names
clear and explicit racism in their personal note being frequently referred to by the
lives, much of the discrimination and wrong name by colleagues they work with
racism experienced tends to fall into the on a regular basis or having their names
‘microaggressions’ category whereby mixed up with other colleagues from the
the actions are not explicit and racial slurs same background. One of the more upsetting
are not used but they can be as hurtful forms of misidentification also includes being
and demoralising, especially if frequently frequently mistaken for someone less senior.
encountered. As we have mentioned Instances of misidentification include:
elsewhere Black, Asian and Minority
Ethnic solicitors found it difficult •B
 eing mistaken for interpreters
to report such instances. or family liaison (particularly females)

The variety of microaggressions •B

 eing mistaken as waiting staff
experienced by solicitors include: at company or legal sector events

Othering: This included pointing •B

 eing mistaken as security
out, scrutinising or mocking cultural (particularly Black males)
differences in the form of ‘banter’ or • Being mistaken as cleaners
‘jibes’. This could include things like
colleagues constantly focusing on or •B
 eing mistaken as or related to
referring to religious/food observances defendants (particularly Black solicitors)
or ways of dressing.
Although many of the biases experienced
are felt to be ‘unconscious’ or ‘subconscious’
“If I did something at the weekend that there is a feeling that organisations are still
was an Indian-culture thing you will aware that they are wrong but not willing to
get a comment back to you which openly talk about them or address them as
makes you feel like, ‘oh that is a really they are not viewed as explicit enough to
odd thing to do, because you don’t act on.
ski on the weekend, or you don’t play
golf or whatever it is’.. just having
a very weird response that makes
you feel ‘othered’.”

A sian, female solicitor

38 Report prepared by djsresearch.co.uk

Cultural assumptions and exclusions:
this tends to include experiences such “W hen somebody says, ‘you speak
as assumptions made about what types English so well’, and you want to explain
of work they can or cannot take on, what to them why that is racist, they are more
types of clients it would be appropriate upset about being called racist than they
for them to work for, as well as events they are about the actual racism itself. So,
perhaps would or would not want to attend. you just think, ‘what’s the point? I just
don’t have the energy for this, I have
These assumptions often lead to feeling
still got eight hours of work to do’.”
both excluded and a sense of missing out
on the key opportunities to make a good Black, female solicitor
impression with senior colleagues and
ultimately progress in the organisation.

In one roundtable group, it was mentioned

“I felt like sometimes I wasn’t being how, when the Law Society Gazette has
invited to social events because covered issues around ethnicity in the past,
they assumed that, as an Asian the comments section has demonstrated
female, I must have to get home in
a very strong and angry backlash. This level
the evening and wouldn’t want to
stay out… I was once asked if I was of anger and fear is not so apparent when
going to have an arranged marriage.” issues around gender and disability are
being raised.
A
 sian, female solicitor
Black, Asian and Minority Ethnic solicitors
often recall feeling a sense of pressure
and duty to raise issues and make a stand
in order to help improve the situation for
A hard topic to raise junior colleagues but feel that this is not
and a heavy load to bear easy to do and risks being detrimental to
Although many of the biases experienced career progression (bearing in mind how
are felt to be unconscious, there is a hard they have often had to work to get
feeling amongst solicitors that organisations to this point in their careers).
are still aware that they are wrong but not
willing to openly talk about them or address Those that have raised these issues in the
them as they are not viewed to be explicit past feel that they were often labelled as
enough or would be too divisive to raise ‘trouble makers’ or ‘rebellious’ and that
amongst staff. those who are perceived to ‘rock the boat’
too much are more likely miss out on
Many of the issues Black, Asian and opportunities to progress.
Minority Ethnic solicitors face appear to be
as a result of deeply ingrained prejudices Additionally, when Black, Asian and
and structural inequalities which they believe Minority Ethnic solicitors do try and speak
companies find hard to address. There is up on these issues they feel disheartened
perhaps fear in openly talking about them that the only ‘safe’ environments in which
and addressing, as it would be a recognition they can do so, such as D&I forums or
that there is racism within the organisation events, often just become talking shops.
and “nobody takes kindly to being called There are noted to be few opportunities
a racist”. to raise these issues amongst those at the
top of organisations who are in positions
to make real changes.

39 Report prepared by djsresearch.co.uk

This feeling of having no voice, being Similarly, HR professionals and recruiters
fearful of speaking up, or just feeling often note numerous policies or approaches
as if they are ‘banging their head against to improving recruitment techniques and
a brick wall’, has led many solicitors to attracting Black, Asian and Minority Ethnic
struggle with their mental health, paying candidates, but there are fewer examples
for counselling or just leaving/taking of proactively trying to change the culture
a break from the profession. Some also or address microaggressions. Targets and
note feelings of guilt for not doing metrics tend to focus overwhelmingly on
enough to raise these issues at the time representation rather than career experiences
of experiencing them, instead avoiding and are thus less likely to drive action.
doing so, out of fear for their careers.
More culturally diverse events
Some organisations have started a process
of reviewing and expanding their company
“I burnt out and now it has left events and activities to make them more
me at a crossroads and seriously inclusive. Examples include:
considering not coming back into
the profession, at all. Now that I am •E
 nsuring that activities and events are
on a break I have not been afraid taking place during the day or early
to come out and say things that are
evening to support those with families.
quite controversial, mainly because if
I don’t say it the cycle is never going •T
 rying to incorporate more events into the
to change and people need to feel calendar that have less of a drinking focus,
uncomfortable, because that is the
or at least provide good non-alcoholic
reality, what I have experienced;
and this is what a lot of people who alternatives (which is noted to not always
look like me, and sound like me have be the case).
also experienced.”
•T
 rying to include events that celebrate
Black, male solicitor other cultures and other religious festivals.

•C
 atering for the needs of those celebrating
religious festivals or observing religious
practices, e.g. organising food in the
evenings for solicitors observing Ramadan
Better practice to address poor etc.
experiences amongst Black,
Asian and Minority Ethnic groups
However, a few organisations even note that
Black, Asian and Minority Ethnic solicitors trying to make fairly benign changes such as
often struggle to think of good examples these can, in themselves, be difficult both in
within the profession of better practice terms of internal backlash from staff who like
or where real, proactive change is being these more ‘traditional’ forms of activities and
made in terms of improving career also in a bid to continue to please clients.
experiences.

The experiences and reported barriers

faced by solicitors are very consistent,
even amongst those recently qualified
versus those who qualified over 20
years ago with the same examples of
discrimination coming up, demonstrating
very slow, or limited, progress despite
improvements in representation
amongst those entering the profession.

40 Report prepared by djsresearch.co.uk

 “It is something that we certainly “We undertook some bias training
mooted but at the same time we about 18 months ago now. Whether
are a private practice law firm and there has been any measurable
the bottom line is profit, so that can change, we didn’t really follow it up.
often be a bit of a hurdle to climb We didn’t cover microaggressions in
because of the clients that we are what I consider to be the true sense.
seeking. If our pipeline clients do like I do think it would have been helpful
golfing days and ski trips and drinks to perhaps speak to some of our
after work, if we want to reach that colleagues about their lived in
bottom line there does need to be a experiences. Just so we could leave
cohort available to do whatever or go all on the same level as to what
wherever the clients are going to be.” a microaggression is.”

HR & Recruitment, Private Practice HR & Recruitment, Private Practice

Education and training D&I and race equality

on microaggressions action groups
A small number of organisations note having Many of the solicitors we spoke to in the
training on biases and microaggressions, roundtables are one of very few Black,
although feedback on the quality and Asian and Minority Ethnic professionals in
depth of training currently available is quite their organisations, and are often members
mixed. Some training sessions are noted to of diversity action/working groups. These
skim over microaggressions without giving groups are considered to be very helpful in
particularly clear, relatable or tangible terms of providing safe spaces for discussing
examples of what could actually be deemed race issues, although some frustrations are
as a microaggression. As a result, some noted, i.e. that such forums are not always
organisations state that they are considering well attended or listened to, by the more
asking staff internally to provide some senior level staff who are in a better position
anonymised examples that can be used in to support and drive the necessary changes
future sessions to help make the training identified in these forums.
more pertinent and impactful.
In order for such groups to be effective it
Training is felt to be most effective when is therefore suggested that they should be
it is made mandatory and particularly led at partner level and where possible,
mandatory for more senior level staff so to bring in external experts to help assess
that they can lead by example. the effectiveness of these groups.

However, there also appear to be few

examples of how organisations are currently
measuring the impact or effectiveness of “We are looking to set up a race
such training. equality action group which is
partner led and we are looking to
get an external reference for that
group and also to carry out a review,
complete audit.”

HR & Recruitment, Private Practice

41 Report prepared by djsresearch.co.uk

Reverse mentoring Safe and anonymous feedback services
Reverse mentoring pairs a senior Interestingly, despite virtually all of our
individual with a junior Black, Asian and solicitors having noted microaggressions
Minority Ethnic solicitor to help them at work, very few of those working in
learn from their experiences and apply HR report being aware of such instances
this learning to the business. It was also having been raised or brought to their
noted by some Black, Asian and Minority attention – suggesting that many
Ethnic solicitors who had been involved in experiences are going unreported.
reverse mentoring that it gave them more
confidence to speak out more generally. Solicitors feel that better and more
It also gave them access to a sponsor. anonymous ways of bringing these examples
to the attention of their employers may
be helpful in making organisations more
aware of the full extent of the problem
and therefore encourage more action and
investment in addressing race issues.

One early career solicitor at a large

private corporate firm said their firm uses
a service called workinconfidence.com,
which employees can use as a forum to
communicate things back to their employer
in confidence. Some organisations also
note having their own internal systems for
gathering feedback but where Black, Asian
and Minority Ethnic solicitors are one of very
few others like them in their organisations,
the importance of using trusted, external
resources to help provide feedback, are felt
to be all the more important to help protect
their anonymity.

It is important to make sure such feedback

is broken down by ethnicity as issues maybe
facing a minority group to a much greater
extent than other employees but it could be
hidden as an issue if only whole workforce
data is presented.

Finally, one other suggestion to get feedback

and understand what issues might be faced
by Black, Asian and Minority Ethnic solicitors
is through confidential exit surveys.

42 Report prepared by djsresearch.co.uk

Career development of

Report prepared by djsresearch.co.uk

Black, Asian and Minority
Ethnic solicitors

43
The ethnicity pay gap •W
 hite solicitors are more likely to be in
Evidence from the Law Society’s PC a management position than Black, Asian
holders survey indicates that Black, Asian and Minority Ethnic solicitors (68.3% of
and Minority Ethnic solicitors are earning white solicitors have some management
less overall and taking up fewer senior responsibility compared to 64.7% of Black,
positions: Asian and Minority Ethnic) and white
solicitors are also more likely to manage
•T
 he average salary for white solicitors other lawyers (53.9% versus 46.2% of Black,
is higher (£36.13 per hour) compared Asian and Minority Ethnic solicitors). 25
to Black, Asian and Minority Ethnic
solicitors (£27.01 per hour) this equates The pay gap is particularly marked when
to a difference of £9.12 per hour between comparing the average annual salary for full
these two groups (a 25% pay gap). time solicitors, where we see a difference
of more than £20,000 per year.
•B
 lack, Asian and Minority Ethnic solicitors
are less likely to have a permanent position
(91%) compared to the white Europeans
(95%).

Table 5: Pay comparisons by ethnicity

Average salary Black, Asian and

(including bonus) White Minority Ethnic Pay gap %

Full-time £85,912* £64,599 -25%

Part-time £49,031 £47,070 -4%

*significantly higher than the average at 95% confidence level.

Black African and Caribbean solicitors have the lowest levels of remuneration overall.

Chart 3: Remuneration by ethnic group

100,000
90,000
80,000
£85,912

£38,682

70,000
£76,172

£34,250
£73,894

60,000
£62,291

50,000
£60,138

40,000
£49,031

£48,834

£41,597

30,000
20,000
10,000
0
White Mixed/multiple Asian or Asian Black/African/ Other ethnic
ethnic group British Caribbean/Black group
British
Full-time Part-time

25
DJS Research analysis of Law Society PC holders survey data 2015–2020.

44 Report prepared by djsresearch.co.uk

White solicitors are, on average, typically to this, the lower retention rates for Black,
older and have more experience than Asian and Minority and Ethnic explains
Black, Asian and Minority Ethnic solicitors, why white solicitors are on average typically
which, it could be argued, possibly inflate older. However, when reviewing remuneration
salaries for this group. In addition to the within age groups, we see that in almost
Black, Asian and Minority Ethnic population every group and working level, white
being younger as a whole, representation solicitors still receive a higher salary than
has not had time to ’catch up’ and, added Black, Asian and Minority Ethnic solicitors.

Table 6: Mean salary by ethnic group

Black, Asian and

Age Working White Minority Ethnic Pay gap %

Under 35 Full-time £58,144 £54,827 -6%

35-44 Full-time £85,745* £66,599 -22%

45-54 Full-time £116,378* £71,758 -38%

55-64 Full-time £87,551* £69,572 -20%

65+ Full-time £62,540 £44,625 -29%

Under 35 Part-time £42,336 £41,265 -3%

35-44 Part-time £47,840 £52,705 +10%

45-54 Part-time £52,153* £45,288 -13%

55-64 Part-time £50,766 £40,050 -21%

65+ Part-time £45,782 £20,000 -57%

* significantly higher than the average at 95% confidence level. 26

In addition to issues with career The solicitors we spoke to in the roundtables

development this pay gap is likely to often feel that career progression in the
be driven by the types of firms that profession appears to be as much as, if not
Black, Asian and Minority Ethnic solicitors a greater barrier, than entering the profession
are poorly represented at. Namely and many are very much aware of there being
larger firms, City firms and sectors like a ‘glass ceiling’ that is very difficult for them
corporate that tend to be higher paid. to break through.

26
DJS Research analysis of Law Society PC holders survey data 2015–2020.

45 Report prepared by djsresearch.co.uk

 Having a sponsor is seen to be a key way
“I think the glass ceiling does exist. to be allocated work that would improve
I have seen that and experienced it career development and value in the firm,
myself, I have been passed over for as well as benefiting from the guidance
promotion and the job was given to and favour of the sponsor.
a younger white female. She was just
two years PQE and I had been at that
firm for eight years myself, waiting Black, Asian and Minority Ethnic
for the opportunity. They were very groups and partner status – why are
good at making you grateful for having so few partners Black, Asian and
a job in the first place and secondly, Minority Ethnic?
they were very good at squeezing
• A lmost three quarters of partners in firms
the extra ounce out of you, and
dangling the carrot of promotion.”
with turnover greater than £100million
are white males. 27
Asian, male solicitor
• In the largest 50 UK firms (by turnover),
white solicitors are twice as likely as Black,
Asian and Minority Ethnic solicitors to
achieve partner equivalent status.
Some solicitors also feel that organisations
• J ust 8% of partners in the largest firms
are happy to superficially improve diversity
(50+ partners) are Black, Asian and
figures by recruiting more Black, Asian and
Minority Ethnic and this has only risen
Minority Ethnic candidates, but that many
by 1% since 2014.
are not committed to and do not actively
support such employees to progress and • In single partner firms, 34% of partners
occupy senior positions. are from a Black, Asian and Minority
Ethnic background (compared to 20%
Part of the problem is attributed to senior
across all firms).
level staff being predominantly white and
middle class and therefore being more •T
 he proportion of Black, Asian and
likely to promote and pay attention to those Minority Ethnic and white solicitors
who they see as a reflection of themselves. reaching partner level within smaller
organisations (those with up to 20 fee
earners) is broadly similar and is higher
than the proportion reaching senior
“Sponsors gravitate to people like posts in larger firms.
them, so if you are a white, middle
class, magic circled trained MD, you •A
 2017 SRA report has shown that
will sponsor somebody who is like high street firms give Black, Asian and
you. I have seen in the bigger
Minority Ethnic males, white females, and
environments whenever anybody
gets promoted they look the same Black, Asian and Minority Ethnic females
and they are laughing about the the greatest opportunities to become
good old days at this Oxford College a partner. The average probability of
or whatever and you just think how progression to partner is 35%, 33% and
do I reach that?” 30% respectively. 28
Black, female solicitor

27
DJS Research analysis of SRA database
28
https://www.sra.org.uk/sra/how-we-work/reports/diversity-legal-profession

46 Report prepared by djsresearch.co.uk

The table below shows that both white
and Black, Asian and Minority Ethnic “In my firm partnership is still a very
women are significantly less likely to achieve exclusive bubble. You have got to
partner status and are disadvantaged by be very likeable to be invited in to the
their gender. However, a slightly higher private practice partnership model.
proportion of female partners are Black, I need to be agreeable, polite and
Asian and Minority Ethnic than male moderate myself because I know if I am
seen as the troublemaker raising these
partners, suggesting that the gender
issues, they are not going to want me
disadvantage is not as strong for Black, at the table.”
Asian and Minority Ethnic groups.
Asian, female solicitor

Some solicitors also note that since they

Table 7: Partnership by gender29 have had to work so much harder in order
to be recognised and progress within larger
% Black, Asian firms, these efforts are perhaps better
% White and Minority Ethnic spent working for themselves to help build
up their own business.
Male
87.7% 12.3% The fact that single partner firms appear
Partners
to have a greater proportion of Black, Asian
and Minority Ethnic partners than larger
Female
84.0% 16.0% firms may indicate that setting up their own
Partners
practice may be seen as the only viable
option for progression for Black, Asian and
Minority Ethnic solicitors.
A number of reasons are given as barriers
to progressing to partnership, including
lack of sponsorship and guidance, lack
of opportunities and allocation of work
and, more generally, not fitting in to the
general (predominantly white) culture of
the company. “W hat you will find with many sole
practitioners is that they did work
Promotion to partner (particularly to equity
in a law firm, don’t get any offer of
partner) is more likely to be on the basis progression and then they leave and
of ‘grace and favour’ and therefore ‘fitting set up by themselves instead where
in’ is essential. Even when we consider they can be a partner. I can probably
tangible factors such as hours billed, bet my bottom dollar to say that a very
this is dependent on being given these high proportion of these people felt
opportunities in the first place. frustrated in their previous roles, that
they have left and they have gone to
In the roundtables, the desire to raise set up by themselves – because it is
and address issues around diversity and a risk.”
discrimination and bring them to the Asian, male solicitor
attention of senior management, is felt to
be at odds with also progressing to the
level of partnership. This has appeared to
leave some solicitors with a tough choice
between toeing the company line and
accepting unreasonable behaviours, or
making a stance but at the expense of
progressing to partnership.

29
DJS Research analysis of SRA solicitors database.

47 Report prepared by djsresearch.co.uk

The perception of partnership status being Targets for representation at partner level
out of bounds to Black, Asian and Minority In order to make some tangible improvement,
Ethnic solicitors within firms may also go most HR professionals we spoke to recognise
some way in explaining why Black, Asian the need to measure representation and set
and Minority Ethnic solicitors sometimes targets, particularly at partner level.
feel the need to move away from firms to
in-house or government roles in order There are a number of ways firms can open
to continue to progress. up their potential consideration set for
promotions rather than simply looking for
someone cast from the same mould every
time. Firms can look within for emerging
“I felt like I needed to make that talent and identify them for development or
transition to the public sector potentially look outside to other firms. Some
because the pay was better, there feel that a perceived lack of talent amongst
was better job security, and for me the Black, Asian and Minority Ethnic group
I felt there was more opportunity
is being used as an excuse for not achieving
to develop and progress my career.
I didn’t think I could do that in the targets for representation at partner level.
private sector because the heights are
partnership, that is the furthest you Career development opportunities
can go and was out of reach to me.”
An equal allocation of work is seen to
Black, female solicitor be a key means in which Black, Asian and
Minority Ethnic solicitors would not be
disadvantaged in their career development.
Work allocation is crucial for career
development as solicitors are measured
Better practice to ensure career on the number of hours they bill and the
development for Black, Asian and client relationships that come from this work
Minority Ethnic solicitors allocation. In addition more complex work
A commitment to change and work for higher status clients is likely
to attract more recognition.
There is a perception that not much
has changed in the career development This could be achieved by a sponsorship
opportunities for Black, Asian and arrangement where the sponsor identifies
Minority Ethnic solicitors, particularly for and allocates work that will help the
certain ethnic groups and in larger firms. individual progress their career. Or, some
However, representation at senior and other system that ensures fair allocation of
partner level is seen to be a key issue work. Some customers for example, insist
to address, to improve representation on understanding hours worked on their
across the profession as a whole. behalf by level and by minority group in
order to check equal opportunity of work.
Large corporate clients are now
actively asking for information on firms’ Mentors can also more generally provide
representation at partner level and advice and feedback to help Black, Asian
indeed at all levels, both on a firm wide and Minority Ethnic solicitors’ development.
basis, as well as for the work the firm If mentorship can be formally arranged
specifically undertakes for them. There by the firm rather than arrived at ad-hoc
is increasing understanding that as well through connections, then this kind of
as ensuring fairness, that a diverse work- mentorship is less dependent on fitting in
force, making full use of all the talent with the predominantly white culture and
available, and different backgrounds, less likely to disadvantage Black, Asian
experiences and perspectives, is more and Minority Ethnic solicitors.
likely to improve performance, collective
knowledge and problem-solving, and
provide better results for customers.

48 Report prepared by djsresearch.co.uk

 Conclusions

49 Report prepared by djsresearch.co.uk

Now is an important time for change In addition, many law firms have made
for the experiences of Black, Asian efforts to try and encourage Black, Asian
and Minority Ethnic solicitors and Minority Ethnic representation through
The overall feeling in the profession is outreach, scholarships and consideration
that more needs to be done to address of their recruitment practices and recognise
the issues that Black, Asian and Minority the value of diversity.
Ethnic solicitors face. The Black Lives
Matter movement in 2020, which began However, focusing solely on
after this research was commissioned, representation in the profession
has brought these issues even more can be misleading
strongly to the fore. On the face of it, Black, Asian and
Our research highlights through statistics Minority Ethnic representation is in line
and personal stories, the disadvantage with UK society as a whole and has been
that Black, Asian and Minority Ethnic improving over the years. However, looking
solicitors face throughout their career at representation across the profession by
and the talent that is not being fully the Black, Asian and Minority Ethnic category
utilised and sometimes being completely can be very misleading. Black solicitors for
lost to the profession as a result. Many example are poorly represented. In addition,
law firms are doing a lot of work in the it appears that Black, Asian and Minority
field of diversity, but change is coming Ethnic solicitors tend to be encouraged into
too slowly or not at all in many areas smaller firms and certain, generally lower
and more needs to be done. paying, sectors and practice areas, and
representation across the profession is
not consistently good.
There are several potential barriers
for Black, Asian and Minority Ethnic So, as well as measuring Black, Asian and
solicitors entering the profession Minority Ethnic as a group across the
The nature of the law profession means profession, representation should also be
the focus is on academic high achievers measured by firm and by specific ethnic
and those who have access to work group to more clearly highlight the issues.
experience in the sector. This tends
to exclude Black, Asian and Minority
Ethnic solicitors who are more likely to
be academically disadvantaged and
not have the connections others might
enjoy. Having an independent school
background still gives advantages in
the profession, even compared to
other senior positions in the UK.

The profession is also still seen to be

predominantly white and for some Black,
Asian and Minority Ethnic people this is
a barrier to consider pursuing a career
in law. Black, Asian and Minority Ethnic
role models need to be given greater
visibility in the sector.

The profession is however attractive to

many Black, Asian and Minority Ethnic
individuals and can offer potentially
rewarding and fulfilling careers.

50 Report prepared by djsresearch.co.uk

The culture of law firms, particularly Retention rates for Black, Asian and
larger City firms is not seen to be Minority Ethnic solicitors are low in
inclusive for Black, Asian and Minority larger City firms particularly, with many
Ethnic groups leaving to join smaller firms, industries
Whilst representation at entry level that are more inclusive and in-house law
across the profession is broadly Many Black, Asian and Minority Ethnic
representative of the working population, solicitors feel that they must work much
Black, Asian and Minority Ethnic solicitors harder than their white counterparts and
frequently report feeling like an outsider do not feel as comfortable in their work.
in law firms. The culture of many law firms, This leads to higher reported working
particularly larger and City firms is often hours and stress levels, which often, in
very white and elitist, with a focus on turn, leads to Black, Asian and Minority
things like Oxbridge experiences and Ethnic solicitors leaving the law firm to
hobbies like skiing, for example. So, whilst find work where they can feel more at
representation levels could be seen to home. Several Black, Asian and Minority
be adequate, this is not always reflected Ethnic solicitors refer to the relief of
in the extent to which they feel included, setting up their own practice or finding
summed up by the quote below from an inclusive environment where they
the campaigner Verna Myers: feel they can be themselves.

"D iversity is being invited to the party. As a result, Black, Asian and Minority Ethnic
Inclusion is being asked to dance.” solicitors are often being marginalised into
smaller firms and lower paying industries.
Some Black, Asian and Minority Ethnic Talent is being lost by the larger firms.
solicitors do not feel like this, but often
because an element of their background
(e.g. an Oxbridge education) offsets their Black, Asian and Minority Ethnic solicitors
ethnic background and ‘allows’ them to see slower career development, again
feel included. impacting on retention rates
Another key contributor for low retention
Almost all research participants have rates is frustrations in career development.
experienced some level of microaggression Black, Asian and Minority Ethnic solicitors
based on their ethnicity, including comments often refer to feeling that they are constantly
about their name or presumed comments passed over for promotion. This is explained
about their culture. Black, Asian and as, in part, due to not fitting in and some
Minority Ethnic solicitors often do not want level of unconscious bias, but also because
to confront this as they have worked hard they are less likely to access important
to get where they are and do not want to career opportunities if they do not make
endanger their career, particularly at the connections with senior people (often white)
early stages. It is considered difficult to in the firm.
raise the topic of racism/racial disparities
in the workplace. Black, Asian and Minority Ethnic solicitors
are less likely to develop in their career and
Of those with experience working in other we have identified significant wage gaps
sectors, such as in-house law, there is a compared to their white counterparts.
feeling that law firms are significantly less
diverse. UK law firms are also seen as less
diverse than US law firms.

51 Report prepared by djsresearch.co.uk

Representation at partner level is poor,
particularly in the larger City firms
Whilst representation at entry level is
adequate for many groups, representation
at partner level in the larger City firms is
very poor. In the largest 50 UK firms (by
turnover), more than twice as many white
solicitors as Black, Asian and Minority
Ethnic solicitors achieve partner equivalent
status. This has not improved significantly
over the years, despite improvements in
representation at junior levels. Again, as for
career development more broadly, this is
explained due to not fitting in, some level
of unconscious bias and a lack of career
opportunities. But, the requirement to fit
in is of even more importance at partner
level, so the barrier is that much higher.

Representation at partner level is particularly

important as this is where decisions are
taken which will impact on diversity policies
and partners are highly visible role models
for young Black, Asian and Minority Ethnic
solicitors.

The importance in employing data and

evidence in evaluating the impact of
initiatives
Whilst not mentioned a great deal in our
discussions there is a clear need to evaluate
the impact of any actions taken by firms.
This is in part because we have seen that
change has been slow despite many actions
and we need to quantify what is working
and what is not. Whilst representation levels
were measured and often at different levels in
the firm, we came across very few examples
where the direct impact of individual
initiatives was being measured. This could
be through a range of means depending on
the initiative and could include employee
and exit surveys too.

52 Report prepared by djsresearch.co.uk

Recommendations for law

Report prepared by djsresearch.co.uk

firms and organisations

53
We outline below the key issues identified in this
report and steps firms can take to address them.

Issue Action
Entry to the •M
 easure entry level representation, and wherever
profession possible, break down data for different ethnicities
rather than just focusing on the Black, Asian and
Minority Ethnic category as whole.

•S
 et targets if not representative for some groups
(e.g. Black solicitors).

•T
 argeted action to reach students or individuals from
Black, Asian and Minority Ethnic groups who are likely
to face the greatest barriers to entry (e.g. because
of socio-economic background), through school and
university outreach programmes, paid work experience
and internships.

•A
 udit recruitment standards, procedures and advertising
for bias, demand diverse shortlists from recruiters, and
ensure the staff involved in recruitment are diverse and
representative and receive unconscious bias training.

•U
 se fair recruitment practices such as blind shortlisting
or contextualised recruitment.

Retention, •M
 onitor representation for different Black, Asian
development and Minority Ethnic groups at all levels, how long
and progression they stay and how well they progress compared to
white colleagues.

•S
 et targets, if not representative, for senior partners/
leaders, and for key points in the pipeline.

•P
 rovide structured mentoring programmes to make
it easier for Black, Asian and Minority Ethnic solicitors
to find and establish mentoring relationships/sponsors
at senior level.

•M
 onitor the allocation of work to ensure more equitable
distribution of development opportunities e.g. this can
be done through instructing a work allocation manager.

•P
 ut in place a more systematic approach to partner
selection.

54 Report prepared by djsresearch.co.uk

Issue Action
Focus on •D
 emonstrate a clear commitment to diversity
inclusion and inclusion at senior level. Clearly articulate the
business case and openly encourage conversations
about race. Have a senior level sponsor for race
inclusion to champion issues and ensure accountability.

•U
 se reverse and reciprocal mentoring to
help build more inclusive leadership.

•P
 rovide diversity training – ideally face-to-face and
impactful – tailored to different staff, including on
how to be an ally.
•E
 nsure there are confidential ways of reporting racism,
bullying or harassment, and microaggressions, so staff
feel safe speaking up and know where they can get
support.

• Include questions in employee surveys and exit

surveys to assess inclusivity of culture and wellbeing
of staff and analyse results by ethnicity.
•E
 nsure culturally diverse and inclusive corporate
and staff events by working with your race network
or similar.

Data and •A
 ddress any gaps in ethnicity data – improve data
evaluation collection by being transparent about how the data
will be used, building ongoing confidence in staff
and encouraging better disclosure.

•T
 ake a more data-driven approach to D&I by analysing
metrics to identify problem areas and design tailored
D&I interventions.

• Increase accountability by publishing key metrics

such as the ethnicity pay gap and representation
in workforce and at partner and leadership levels.

•E
 valuate D&I interventions to learn, assess what works
and identify where further action or adaptations are
needed.

55 Report prepared by djsresearch.co.uk

Report prepared by:
James Hinde, Research Director
jhinde@djsresearch.com
David Marchant, Associate Director
dmarchant@djsresearch.com
Emma Lay, Research Manager
elay@djsresearch.com

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