LONDON (Within The Law) - Race has been one of the dominant themes of 2020 and if new research from the Law Society is anything to go by the sector still has much to do. Change, it found, is coming too slowly, and the ethnic pay gap remains ‘significant’.
The legal sector has worked hard to improve its position on diversity. In October, for example, Hogan Lovells announced new ‘diversity targets’. They aim for 15% of global partners to come from BAME backgrounds by 2025.
In some respects, the sector may feel it has made progress. Inclusion rates across the profession are broadly in line with UK society. Black solicitors represent 3% of the profession, and Asian solicitors make up 10% which is double the population of the working-age population.
However, looking beyond the blunt stat of inclusion the report paints a very different picture. DSJ research commissions by the Law Society found that black, Asian and minority ethnic solicitors, it says, are working harder and longer than their white colleagues, but being paid on average 25% less. According to the DSJ research, commissioned by the law society, the average wage for BAME solicitors is £65,000 compare to £86,000 for white colleagues.
BAME lawyers are also disproportionately likely to be found in smaller firms and in lower-paying areas of the law. Representation remains uneven with many sectors still being dominated by white publicly educated men.
Barriers to inclusion
So, what’s holding people back? The report identified a number of barriers to entry including a lack of role models, and socio-economic inequalities which see many BAME struggling to access the kind of education which gives you a good chance in the law.
Culture often feels hostile. According to the report, BAME workers often say they feel like outsiders in the workplace.
“Many do persevere though, only to find that, when it comes to entering a firm, it feels like organisations are often looking for a certain ’fit’ of candidate, which often excludes BAME groups,” said the DSJ. “Research participants frequently reported feeling like an outsider and not being given the opportunities their white colleagues are.”
Almost all BAME solicitors, finds the report, say they experience macroaggression from white colleagues. They do not confront these aggressions for fear of the impact it might have on their careers.
BAME solicitors also report lower levels of wellbeing and have a lower retention rate than white colleagues. As a result, representation at the partner level is low. Just 8% of partners in the largest firms (50+ partners) are BAME, up by just one percentage point since 2014.
“We urge organisations to consider introducing stronger mechanisms to focus efforts and accelerate change,” continues the DSJ such as setting clear targets at partner level and key points in the talent pipeline and, where necessary, for different groups within the BAME category (eg for black solicitors), and tying achievements in diversity and inclusion to senior leaders’ pay and bonuses.”
The report notes that firms are often reluctant to set targets for greater ethnic diversity due to a perception that such targets are unrealistic. However, it suggested the determination among some firms to base recruitment on academic achievement shrinks the BAME talent pool further.
It also recommends work to reach those students who might face barriers to entry and fair recruitment policies such as blind shortlisting. Mentorship programs could improve career development and increase the number of BAME solicitors who progress into higher positions.
Firms could also benefit, said the report, from a more data-driven analysis to identify and resolve problems and publish key metrics on the ethnic pay gap and representation at all levels.
Addressing the problem will require a multi-pronged approach. Law firms will have to address how they measure diversity, how they report on progress and how they reach students. Most of all, they will need to move away from a culture which continues to exclude BAME solicitors.
The sector is working to change, but conscious and unconscious bias continues to hold BAME solicitors back from achieving their potential.
(Written by Tom Cropper, Edited by Klaudia Fior)