CILEx

We cannot stay silent

CILEx Chair Chris Bones talks about the need for a clear anti-racist position to fight wider discrimination in legal services and about Board priorities for 2020/21.

About the author: Chris Bones: CILEx ChairOver the last 12 months since I wrote my last article, the systemic adverse treatment of women – and of people from black and ethnic minority communities – has been shockingly demonstrated by events in the United States. If Harvey Weinstein’s actions and subsequent trial demonstrated that the abuse and exploitation of women in the workplace is still endemic, then the actions of the Minneapolis police officers who have been sacked and charged over the killing of George Floyd only served to confirm that black and ethnic minorities continue to suffer discrimination in society as a whole. These are not just American problems. They are as much an issue here in the UK as anywhere and in the torrent of words and emotions that followed the killing of George Floyd one thing has stuck with me: silence signifies consent. It is no longer acceptable for any organisation to ignore what we know to exist or to be reassured by the fact that we do not behave in a certain way.

I often disparage actions that I believe are ‘virtue signalling’: brands who jump on bandwagons, politicians who find the buzz words, organisations that rush to join the clamour are often, in my experience, hiding a failure to have done anything substantive in support of whatever cause they now want to be seen espousing. However, given our track record of creating outstanding legal professionals, many of whom are women and come from black and ethnic minority communities, CILEx cannot - and should not - be silent.

From every exam success to every appointment to the judiciary, CILEx can stand proud and say that we have been there to ensure that black lives matter and women count.

However, this is not true for today’s legal services industry. The treatment of our own members stands testament to the uncomfortable reality that women and people from black and ethnic communities continue to face discrimination in their pursuit of a career in the law.

CILEx Lawyers are drawn from all backgrounds; nevertheless, with a majority of women members and a significant number from black and ethnic minority communities, the continuation of a range of barriers to genuine equivalence for our legal professionals is a daily reminder of the barriers they face. These include unjustifiable restrictions on their ability to certify copies of powers of attorney, to undertake certain advocacy roles and their exclusion from mortgage lenders’ panels of legal professionals. Would these rebuffs have happened to a profession where university-educated white men made the majority? We all know the answer to that question. The time has come for us to play a much more assertive role in challenging discrimination, wherever it exists. CILEx can do so because of who we are and what we do.

Increasingly, we are explaining to key decisionmakers - be they parliamentarians, government ministers or leaders in financial services - that, in effect, their silence, their inaction and their acceptance of the status quo undermines all the fine words we hear from them about the importance of equality, diversity and inclusion. As a result, we will not believe them when they say that women count and black lives matter unless they start to act in support of those words. Our stance is not intended to promote direct confrontation but active engagement with people, all of whom have a positive intent. However, because many of them do not understand or have not spotted the impact of what they or their organisations are currently doing (or not doing), are in fact working against the principles they espouse.

Over the next 12 months, we will focus on securing genuine equivalence with the other branches of the profession and on challenging some of the toxic cultures that continue race and gender discrimination in the legal industry by speaking up against the systemic prejudice and racism that exists in the UK today. Our intent is more than mere sectional interest: it is actively standing up in support of a society where there is genuine equality, respect, and justice. CILEx will no longer stay silent.

Actions speak louder than words

Our role as a channel for a more diverse legal profession is recognised by government, the regulator, and the Judicial Appointments Commission, all of whom in our meetings continue to stress this as a valuable differentiating factor. Our challenge over the next few years is, therefore, to entrench that difference - and make it even more valuable - to ensure that the wider public understand and appreciate the advantages of using a CILEx Lawyer and of studying for a CILEx qualification.

In replacing the Council, the Board is aware that we are the first-ever leadership of a legal professional body with a majority of lay members. This shapes the role of the President and VicePresident, and their colleagues in the Professional Board, to ensure that they articulate the member interest and the future direction of member services and engagement.

Our new CILEx President Craig Tickner expands on that theme in this issue of the Journal, but here I must pay tribute to Immediate past President Matt Foster. The presidential role is the personification of a CILEx Lawyer for the public and key stakeholders and the voice of the members on the Board: Matt has done both with charm, passion and a commitment to driving change, and he moves into his final year on the Board having ensured that our focus on equivalence, education and enhanced services sit at the centre of a new strategy.

I have talked about acting on equivalence. Elsewhere in the Journal, Craig Tickner mentions about what we have done and are doing about education and our new Vice-President, Caroline Jepson, discusses the actions in train to deliver enhanced services. (See pages 11 and 14, respectively.) That leaves two other areas of significant change: governance and regulation.

Our initial governance structure, which was adopted to support the transition was probably necessary; however, it was also complex and costly. Within six months the Board had slimmed down the governance structure; nevertheless, it continues to be an issue of concern. The new Internal Governance Rules (IGRs) have presented us with the opportunity to reduce further the number of people involved and strengthen our members’ ability to hold us to account for the management of their assets and the delivery of changes that will enhance their professional standing.

Our response has been twofold:

To set out to establish a regulator that is as independent as possible, and having done so:
To integrate the rest of the organisation into ‘One CILEx’ and maximise the opportunities for delivering change in support of a new strategy, including in relation to governance, and save on duplicated costs.

Our response to the IGRs is both in the public interest and of great benefit to members. This is a reflection of the Chartered Institute becoming more mature and having a greater conÿdence in itself: we want to be held to account by an independent body to ensure that individuals who use our brand reflect fully our standards and values. It is also a sign of a highly constructive relationship between the regulator and the Chartered Institute, where we are collaborating on a range of issues – not least those of equivalence.

This has led to a significant reduction in the number of non-executive posts and an integration of reporting and scrutiny of the executive, such that staff are servicing fewer bodies and duplicating far less activity. Post COVID-19, we will also make far greater use of technology to reduce travel and other costs. This will save circa 33% in 2021 compared with 2020.

We have also reformed the Appointments and Scrutiny Committee. It will now consist of three past presidents, who will sit independently from the Board and hold us to account on your behalf. In particular, this committee will ensure that we deliver on our commitments; in addition, it will run the appointments process for non-executives. Over the next 12 months, the committee will be holding us to account for progress on three key priorities:

Removing the final barriers to equivalence of standing with other types of lawyer.
Growing the relevance and attractiveness of CILEx as a route into the Law and wider professional career paths, primarily through transforming the professional qualification.
Transforming the membership experience for members at every level.

CILEx will speak out against all forms of discrimination in legal services and the wider justice system. To help us, a new member annual return will soon be launched that will invite you to share the challenges you face, not just as CILEx Lawyers but also as individuals in an industry that, for the most part, has still to adjust fully to the 21st century.

It has been an honour to be your Board Chair for a second year: I look forward to sharing progress with you in the Journal as we go through the year.

CILEx commits to the following actions:

CILEx will consult its membership on an annual basis to hear differing perspectives from all of our members who face discrimination and prejudice in the workplace.
CILEx will launch an annual scholarship programme aimed at encouraging applications to the CILEx Law School from people who face diversity barriers to achieve their potential, reinforcing our commitment of promoting inclusivity and accessibility to the law wherever and however it presents itself.