Black History Month - Is diversity in law improving?

This Black History Month, we’ve been highlighting the work of leading BAME lawyers on social media – but has the law sector more broadly improved on its efforts to become more diverse?  

The recent Diversity of the Judiciary report, a comprehensive study on the state of diversity in the legal sector, has provided some key insights. It specifically focuses on the progress and challenges in improving diversity for BAME lawyers and barristers. As we celebrate Black History Month, it's a good time to revisit these findings and compare them with last year's data. We'll also explore what more can be done by firms to further enhance diversity and inclusion.  

Since 2014, there has been a steady increase in the number of people in law from ethnic minority backgrounds across three main areas of legal representation (Barrister, Solicitor and Chartered Legal Executive) to levels that match those seen across the country in the 2021 census. For those who fall into the 50-74 working age group, these figures are actually slightly higher than these national averages. The numbers for those who identified as Black, Caribbean, or African were around 3% for all three groups, which aligns with the average national working age statistics. Roughly, these numbers are in line with those from 2023, which show that, at least, numbers haven’t dropped in the face of criticism from some quarters about diversity and inclusion. One area that has started to increase has been in the experience of these individuals: the levels of post-qualifying experience (PQE) have risen to between 3% and 4% for each of the three roles in each PQE banding. However, the numbers do fall slightly the higher the PQE level, which is to be expected. What does remain disappointing however, is the remaining gulf between BAME and white lawyers working at higher levels of the profession, which remains slightly below those from a white background. For solicitors, for example, it was 23% compared to 26% of those from white backgrounds. Therefore, despite repeated efforts, more still needs to be done to redress this imbalance.  

A lot of the biases that BAME people face now are, thankfully, no longer conscious. However, since many people are unaware of these, they can be challenging to identify. Many companies now have unconscious bias training to reduce this issue, and by redesigning hiring processes, these biases can be weeded out right at the beginning. Automatic anonymised applications can eliminate instant discrimination, removing any potential human bias from the process. Being transparent about diversity policies from day one and on job adverts is also essential too. This way, you can show how much you value diversity in your company, which is a significant factor for BAME job seekers. Firms can also promote diversity by working with inclusion and diversity groups to help promote a better working culture. Your company may not be best placed to identify areas for improvement, but any external organisations specialised in this field will be able to guide your company in the right direction. It’s also important to remember that this is a continuous improvement process, and there is no definite answer to making your company more diverse.  

Overall, the legal sector has made significant strides in improving diversity in recent years. However, there's still a lot of ground to cover, especially at the highest levels, to ensure full BAME inclusion. It's important to recognize and celebrate the progress that has been made. The legal sector is now a more inclusive and viable career path for everyone, regardless of their ethnic background.