Equality (I prefer equity), diversity and inclusion (EDI) are words that most people will be familiar with now, especially within the last few years.
Diversity refers to difference in characteristics, such as age, religion, sexual orientation, and ethnicity. Diversity is usually thought of in terms of visible diversity, but in reality, diversity goes far beyond this.
Inclusion means actively and intentionally creating a culture that appreciates differences and allows organisations to embrace diverse viewpoints, embedding them into the fabric of the organisation’s values and strategic vision.
Put simply, diversity is fact, equity is a choice, inclusion is an action and belonging is the outcome.
There is no question that diversity in any profession is important – a diverse profession is more accessible, adds value to the society it aims to protect and/or serve, and its members are more likely to stay within it.
But why is EDI important within the context of the legal profession?
Although the legal profession has come a long way within the scope of EDI, it is important to note, like most professions, the legal profession was not initially designed with diverse groups in mind.
Therefore, it is unsurprising that the systems and structures that underpin the profession, most likely work against particular groups of people rather than encourage and support their individuality.
The Law Society provided an overview in September 2022, of data which provides a picture of how the size and structure of the solicitors’ profession has evolved over time. The data found that the number of solicitors with practising certificates (PC holders) on the roll in England and Wales reached 153,282 a rise of 2% on the year before.
The number of women PC holders has grown three times faster than men, and they currently make up 53% of those practising in the profession. Surprising as women are still under representation of women at senior levels.
The Representation of Black, Asian and minority ethnic backgrounds has grown, and the data indicated that 18% of PC holders are those with known ethnicity.
The SRA also reports that a greater proportion (3.5%) of lawyers identify as gay, lesbian, or bi-sexual than the UK workforce as a whole.
According to Solicitors Regulation Authority (SRA) data, there was an increase in disabled lawyers within the profession and those whose day-to-day activities were limited by a health condition or disability. However, there is still significant under-representation of disabled lawyers compared to the UK workforce.
What should be done to improve EDI within the profession?
There must be a shift in the idea that making the profession and individual firms more diverse and inclusive is part of a “tick-box” exercise – ultimately being done for the sake of legal compliance. This alone will do nothing to address systemic issues that drive inequality, discrimination, and unconscious bias throughout the profession.
There should always be an understanding of what the “why” is. If lawyers at all levels know why it is important to continue to create and develop a diverse and inclusive legal profession, that knowledge “should” cascade down to the next generation of lawyers. Effective training courses and workshops are useful tools that can help people understand the why and they must go further than basic and habitual unconscious bias training.
Individual law firms and organisations that have in-house legal teams should identify the issues that are preventing the development of an inclusive company culture. They should assess the areas where improvements need to be made and ensure that the these are reviewed regularly.
Implementing an EDI strategy should not be done solely for the sake of legal compliance, but for the purpose of driving change in individual firms and the profession as a whole. It should be supported by an action plan, which clearly sets out the targets and annual initiatives, being careful to ensure that the targets and initiates are measurable and realistic.
Reviewing recruitment processes to ensure that they are fair and equitable and avoid ‘hiring in one’s own image’ – besides this being a potentially discriminatory hiring practice and lacking in diversity, hiring in one’s own image also means replicating strengths and weaknesses of the hiring managers, leaving little room for creativity and innovation.
Diversity Networks also help to promote and celebrate diversity and can act as the legal professions and an employer’s critical friend. Encouraging the creation of diversity networks contributes to greater engagement and belonging, can foster inclusive workplaces and in turn an inclusive profession.
Good equality and diversity practices guarantee that legal professionals can thrive in an environment where all aspects of their identities are recognised and respected, and where they feel safe and secure. Tackling inequalities and making the legal profession accessible at all levels needs to be everyone’s business.
Lara Oseni is an executive committee member of the Junior Lawyers Division.
