Unethical barriers limiting progress on EDI in legal services

A Legal Services Board (LSB) study into the experience of 30 legal professionals from under-represented groups trying to get into, feel part of, and succeed in the legal profession has backed up existing evidence of inequality and inequity in the profession.

The research suggested that there may be features, traditions and practices particular to the legal profession that potentially hampered efforts to create a more diverse and inclusive profession.

Legal professionals taking part in the study told the LSB how a culture of working long hours to achieve billable hours targets had the potential to exclude some under-represented groups and that there was a need to be perceived as the ‘right’ sort of person that clients expect to work with.

They highlighted a lack of access to HR resources in some chambers or smaller firms, a lack of flexibility in working practices, and outdated and inaccessible working environments.

The lawyers also shared stories of “unethical and, in some cases, illegal workplace practices” that created barriers to a successful career in the law.

This included less prestigious universities being left off drop-down lists on application portals, the expectation of having undertaken unpaid work experience despite working while studying or having caring responsibilities, and the refusal of flexible working requests to help lawyers to manage health conditions or attend medical appointments.

They also highlighted a lack of transparent policies and processes around pay, work allocation and progression, as well as a failure in certain circumstances to make reasonable adjustments in accordance with the Equality Act 2010, to ensure physical workplaces are accessible.

The LSB said that these practices demonstrated “systemic barriers that require a change of mindset and culture across the profession as well as practices and policies that support inclusion”.

Matthew Hill, chief executive of the LSB, said: “We are committed to ensuring that regulation plays the fullest role possible in ensuring all legal professionals can thrive in their careers, regardless of their background.

“The insights provided by this study highlight enormous opportunities to make things better by changing the way the sector does business. We hope anyone serious about inclusion in the legal services sector will use the research to tackle the barriers that lawyers face every day.”