Diversity lesson of the week: Challenge authority when it is misguided

Stories about diversity in the legal profession - or its lack thereof - have certainly dominated the headlines over the last year. It has all been something of an embarrassment for those at the top of the legal totem pole to belatedly realise that a profession dominated by the male, pale, and stale is no longer acceptable in the 21st century.

Sexist attitudes towards women lawyers took centre stage following the Proudman-Sumptiongate controversies, so much so that the struggles of Black, Asian, and minority ethnic (BAME) lawyers was - if not forgotten - pushed to the periphery of the debate.

The statistics still make for uncomfortable reading. Official figures from the Law Society and Bar Council show that only 5.5 per cent of QCs and 8.6 per cent of law firm partners come from ethnic minority backgrounds, despite 20.5 per cent of pupils and 22.7 per cent of trainees coming from the same.

These quite frankly abysmal numbers reinforce those recently released by the Black Solicitors Network (BSN) in its latest diversity league table, leading the group to unsurprising liken the journey of BAME lawyers to that of an 'Egyptian pyramid'.

There is, however, cause for celebration. In the same week that Bobbie Cheema-Grubb QC became the first female Asian High Court judge to be sworn in to the judiciary, the BSN honoured those individuals and legal businesses that have championed the cause of diversity.

Linklaters and Hogan Lovells were the big winners on a night of glitz and glamour in London, taking home awards between them for their recruitment and talent management initiatives, while Freeths, Fasken Martineau, and Coram Chambers won the much coveted awards for national firm, international firm and chambers of the year, respectively.

Giving keynote speeches during the ceremony, Dame Linda Dobbs and Mr Justice Dingemans discussed the challenges facing the profession, with the latter commenting: 'Diversity is about fairness and fairness is what we lawyers and judges are all about.'

The most impassioned speech, though, came from Walter H. White Jr, a London-based partner at US firm McGuire Woods, and the winner of the BSN's lifetime achievement award.

'I did not grow up respecting the rule of law,' said White. 'I grew up respecting the lawyers who changed the law to make it more just. In my world, the law was fundamentally flawed and always had been so in the United States of America.

'I grew up knowing that the law was unfair. In my family, I was taught to respect the ramifications of violating the law, but I was never permitted to view the law or those who enforced the law as legitimate.'

White explained how, when he began practising law at Michael Best & Friedrich in the early 1980s, there were members of the then 132-year-old corporate firm who questioned whether it was 'even appropriate' to hire its first Black lawyer.

It is these sorts of 'petty indignities' or 'microagressions' that White observed women and BAME lawyers continue to endure on a daily basis.

'My best suggestion is gain strength from each other,' advised White. 'You have strength in your numbers should you chose to exercise it. Triangulation of experience is critical to your survival.'

Yet despite the undeniable hoops and hurdles that must be jumped by the current generation, White - who was one of the very few Black lawyers in a large corporate practice in the US state of Wisconsin during the 80s - was keen to emphasise that the future has never looked brighter for BAME lawyers.

'The emerging and frontier markets are rising and vital to the Western economies,' he said. 'Take control of the world that you understand and provide leadership for the people, the justice system, and the profession. Do not limit your vision: use your differing perspectives to craft creative new approaches. Challenge authority when it is misguided.'

Making reference to the recent rise of xenophobia and fascism in Western Europe, as well as an increasingly right-wing brand of conservative politics across the Atlantic, White said: 'Should we, as lawyers, choose to continue as a profession, and should we choose to believe that everyone is entitled to equality under the law, we will continue to make progress toward that goal.

'Should we not, as Black lawyers, demand justice for all, and foolishly seek protection only for those who can afford it, then what we currently consider fundamental rights and privileges will be retained by the few at the expense of the many.'

It is the giants of the profession like White that from whom young BAME lawyers should take inspiration. While the statistics remain far from impressive, they are at least moving in the right direction, albeit painfully slowly. What is needed is for all members of the profession, regardless of age, gender, or ethnicity, to continue advocating for change sooner rather than later.

John van der Luit-Drummond is deputy editor for Solicitors Journal

Copyright & permissions