The role of regulators in promoting EDI in the legal profession

EDI is on the agenda for many legal organisations. While progress has been made to improve gender, racial and disability diversity, there is a mixed picture regarding the value and impact of various initiatives that have been introduced.

According to the latest SRA figures in December 2023, only 37 per cent of partners are women, an increase of 2 per cent from 2021. This is despite the gender split of solicitors in law firms being roughly 50/50.

Solicitors from a Black, Asian or minority ethnic background making up 19 per cent of the legal profession, a one per cent increase from 2021. However, only 8 per cent of Black, Asian and minority ethnic individuals make partnership in the biggest firms.

Only 6 per cent of solicitors have a disability, in contrast to 16 per cent of the working population (although this figure could be due to ‘under-reporting’).

Finally, in terms of socio-economic background, solicitors who received a private education were 21 per cent in 2023, slightly down from 23 per cent in 2015.

Chartered Legal Executives

Chartered Legal Executives present a contrasting picture. According to Cilex Regulation’s (CRL) Diversity Report 2023, 22.4 per cent of CILEx lawyers, paralegals, and students are male, while 76.5 per cent are female. Despite the higher female representation, men tend to progress faster to partnership.

Additionally, 14.8 per cent of the membership identifies as Black, Asian, or minority ethnic, yet they do not progress as quickly as their White peers. The percentage of CILEX professionals with a disability has risen to 5.8 per cent, up from 4.4 per cent in 2019, although under-reporting is likely. Moreover, only 6 per cent attended a fee-paying school, a slight decrease from 2021.

Regarding barristers, data from the Bar Standard Board’s diversity statistics 2023 reveals that women constitute 40.6 per cent of barristers, marking an increase of nearly one per cent from the previous year. The proportion of women achieving King's Counsel (KC) status has also risen to 20.6 per cent in 2023. Ethnic minority barristers represent 17.5 per cent of the profession, but there remains a disparity in attaining KC, with only 10.7 per cent of these individuals reaching this level. Additionally, 8.2 per cent of barristers report having a disability, an increase from 2022, though under-reporting is a concern. Finally, 19.4 per cent of barristers attended a fee-paying school.

What these statistics demonstrate, is that while there has been progress in improving diversity across the main legal professions, there is a long way to go.

To achieve this, initiatives that promote equality and inclusion are essential. All legal professionals must be afforded equal treatment and opportunities within their firms or chambers, regardless of their background. Furthermore, it is crucial to foster a workplace environment that values and includes all professionals, ensuring that everyone feels respected and supported in their career development.

A stronger focus on these facets could help mitigate the poor current outcomes. The Law Society’s 2019 report, "Race for Inclusion," found that solicitors from an ethnic minority background were more likely to leave larger firms to go in-house or establish their own firms. This trend highlights the need for larger firms to create more inclusive environments where minority solicitors feel valued and see clear paths for advancement.

Similarly, although the CILEX route into law is recognized for improving inclusivity in the sector due to its more accessible qualification route, CRL’s Diversity Report 2023 revealed that fewer female professionals attained partnership compared to the percentage of females in membership.

The "Race at the Bar Report 2021" from The Bar Council further illustrates the challenges faced by minority groups, finding that Black and Asian female barristers were more likely than white men to be victims of bullying and harassment. Addressing such discriminatory behaviors is crucial for fostering a safe and supportive work environment.

Additionally, a recent study conducted by CRL in collaboration with 11 other professional membership and regulatory chartered bodies across various sectors, along with The Young Foundation, titled "Beyond Buzzwords – Embedding a Systemic Approach to EDI Across UK Professions," found that among the professions, more CRL participants had considered leaving the profession or their organisation due to unequal pay and/or benefits, and burnout or unmanageable workload.

By addressing these issues with targeted initiatives, the legal profession can work towards creating a more equitable and supportive environment for all its members. Promoting equality and inclusion will help ensure that all legal professionals, regardless of their background, have equal opportunities to succeed and feel valued in their workplaces.

By addressing these issues with targeted initiatives, the legal profession can work towards creating a more equitable and supportive environment for all its members.

The role of regulators

It is a clear objective of all regulators in the legal sector that we want to encourage a diverse workforce closer in representation to those who use legal services, which has been shown in countless studies to enhance accessibility to justice. It is also now universally accepted that an equal, diverse and inclusive workforce is more productive, and successful.

To enable fair career progression and retention of a diverse profession, we must focus on changing the systems that reinforce marginalisation. Regulators have a lot more work to do, and will need to play even more of an integral role in improving it, by influencing, guiding and monitoring organisations’ EDI efforts.

So, what do legal regulators need to do to bring about meaningful change? Professional membership and regulatory bodies hold the levers for positive action and lasting change. Rather than focussing on isolated initiatives, a reframing of how EDI is understood is needed. This reframing includes ensuring EDI becomes a guiding principle for all decision making, with interventions that focus on changing the systems that underpin marginalisation. The standards setting role that regulators and professional bodies can help to influence action and behaviours across organisations and among professionals. Ultimately achieving systemic change demands a joined up multi-stakeholder approach.

As an illustration, our current and next strategy for 2025-2027 is focussed on building a better evidence base, collecting and using data effectively to improve our understanding of the regulated community. Our EDI strategy emphasises our belief that capable individuals should be able to enter and progress their legal careers, or grow their firm, as far as their ambition and talent will allow. They should not be limited by barriers formed from prejudice, unconscious bias or discrimination and should be recognised, valued, and rewarded for the contributions they make. Using this greater understanding from the data collated, we will be able to help those we regulate understand how they barriers to progression can be tackled, by introducing systemic changes.

Each regulator for every role of the profession has an integral role, given its empathy and understanding of the professions they regulate.

This underpins one of CRL’s fundamental concerns about CILEX’s proposals to redelegate regulation of CILEX professionals to the Solicitors Regulation Authority. Having one regulator with its own established qualification route could sound the death knell for the CILEX route into law. This inclusive route has enabled many people, especially women, who started in administrative roles, to qualify as Chartered Legal Executives, become partners, and establish their own firms.

What firms and individuals can do

Employers should ensure that EDI guiding principles are included in all aspects of decision-making and implement inclusive recruitment and promotion practices informed by best practices.

They should encourage a ‘speak up’ culture to address poor practices early and use data, such as staff surveys and exit interviews, to identify and correct discriminatory or exclusionary activities. Additionally, employers should clearly communicate inclusive initiatives and policies while appropriately involving staff in interventions.

Individual professionals should challenge themselves to recognise how their colleagues’ experiences may differ from their own and reflect on the personal biases they hold. They should actively work to minimise the impact of these biases on their decision-making and relationships with colleagues. By contributing to positive change, working jointly with colleagues, and taking advantage of learning and development opportunities, individuals can help foster a more inclusive and equitable workplace.

An inclusive and effective legal sector where individuals can progress on merit regardless of their background requires commitment across the range of individuals and organisations that impact the sector. Educators, professional bodies, employers, regulators and individuals all have a part to play in supporting the necessary culture and systems change to deliver a strong and diverse workforce to meet diverse consumers’ legal needs.