Social mobility: surviving or thriving

In a thought-provoking presentation on Day 1 of the 2024 Annual Conference, Lindsay Jack, Head of Diversity, Careers, and Outreach at the Society, and Ayanda Ngobeni, a diploma student at the University of Edinburgh and an incoming trainee at CMS, discussed crucial topics related to social mobility within the legal profession.

The presentation, titled "Surviving or Thriving", delved into the complexities of social mobility, exploring how systemic barriers can inhibit access to the legal profession and how the legal community might address these challenges. The talk also examined personal experiences and the role of educational institutions, law firms, and support programs in creating a more inclusive and supportive environment for aspiring legal professionals from diverse backgrounds.

Lindsay opened the session by emphasising the importance of creating an interactive space for discussing social mobility, explaining that the panel aimed to explore the dichotomy of "surviving versus thriving" in the legal profession. Lindsay introduced Ayanda and acknowledged the absence of a third planned panellist, Paul Cook, a criminal defence solicitor, who was unable to attend due to unforeseen work circumstances.

Defining social mobility

A working definition of social mobility can be defined as “the movement of individuals, families, or groups through social hierarchy.” Lindsay explained that social mobility is an essential factor in determining access to certain professions, like law, where socio-economic factors can create significant barriers. Further remarking that social mobility efforts in law parallel those seen in "widening participation" initiatives in education. This involves assessing a range of socio-economic indicators, such as postcode, care experience, and asylum-seeker status, to better understand the unique challenges faced by students from diverse backgrounds.

Ayanda's journey and the influence of role models

When asked about her personal experiences with role models, Ayanda spoke with admiration about her mother, who taught her resilience and the importance of "knowing her story" and pursuing her goals with determination. She credited her mother's influence as foundational in her journey towards a legal career, emphasising the value of role models who not only provide support but also inspire self-belief and discipline. Ayanda acknowledged the role of other mentors and figures she encountered throughout her education, each reinforcing her belief in her capacity to succeed in law.

Challenges faced by international and socio-economically disadvantaged students

Ayanda shared the challenges she faced as an international student adjusting to the Scottish legal education system. For her, the journey was complicated by cultural differences and a lack of familiarity with certain structural aspects of the legal profession. For instance, she noted the difficulty of understanding the nuances of the LLB program, such as the specifics of training contract applications. Unlike her local peers, who often had networks and resources to guide them, Ayanda had to navigate these processes largely on her own, highlighting the need for accessible resources and structured guidance.

Ayanda emphasised that many international students or those from non-traditional backgrounds may struggle with feeling "in the know" and might not discover crucial resources, like university career services, until later in their studies. This challenge reflects a gap that institutions can address by offering targeted support and guidance early in the academic journey, helping students feel more equipped to pursue legal careers.

Partnership work and widening participation programmes

Partnership programmes like "REACH" and "ACES," aim to bridge the gap between high school and university for students from underrepresented backgrounds. Ayanda described her involvement in these programs, where she visited high schools across Scotland to inform students about educational opportunities in law and other fields. These programs, she explained, provide students with valuable exposure to university life, legal careers, and the various steps involved in pursuing these paths. Notably, the programs focus not only on raising aspirations but on "supporting aspirations," a distinction Lindsay highlighted, as students often already possess ambition but lack the guidance to achieve their goals.

Addressing stereotypes and broadening access to law

Ayanda discussed the intimidating perception that some young people have of the legal profession, which they view as exclusive or only accessible to those from affluent backgrounds with established industry connections. Programs like REACH aim to "demystify" these perceptions by providing insights into the legal field and demonstrating that a career in law is accessible to individuals from all backgrounds. Lindsay echoed this sentiment, sharing an anecdote where students donned solicitor gowns in a moot courtroom setting, a symbolic gesture that allowed them to envision themselves as future legal professionals.

Reframing the language around non-traditional students

In discussing barriers to entry in law, Lindsay questioned the use of the term "non-traditional students," noting it implies an implicit "otherness" that can marginalise individuals. She shared her preference for simply referring to all students inclusively, without labels that segregate those from different backgrounds. Lindsay observed that students are increasingly self-identifying within groups, such as the 93% Club, a movement among students from state schools that advocates for diversity in elite institutions. This shift demonstrates a growing awareness of, and response to, elitism within the student body itself.

Supporting thriving rather than merely surviving 

The conversation then shifted from access to sustainability, how students and early-career professionals can thrive in legal settings. Ayanda stressed the importance of inclusion, noting that small gestures, like welcoming a newcomer into a conversation or social event, can have a profound impact on their sense of belonging. She described how mentors at her firm would "usher her into" discussions and social spaces, fostering a sense of comfort and connection. Such inclusive practices, Ayanda argued, encourage a sense of agency and confidence, allowing individuals to take advantage of further opportunities within their environments.

Lindsay also highlighted the value of practical support programs like "Prime Commitment," where law firms invite students for a week of work experience. Additionally, she observed a positive shift among law firms that are beginning to value non-legal work experience, recognising the skills gained from jobs in retail or service industries as equally valuable. Many students work part-time while studying, and firms are now acknowledging how this experience cultivates essential skills, like teamwork and communication, which are transferable to legal practice. 

Evolving dynamics and expectations in law firms

Lindsay pointed out that today's students are more inquisitive about firm culture, values, and work-life balance, which reflects an evolution in the dynamics between applicants and employers. Students are increasingly selective, aligning themselves with firms that reflect their own values and aspirations. This shift, she argued, is driven by greater information availability and transparency, allowing students to make informed choices about their careers.

Social mobility as a holistic change

While socio-economic factors remain central to discussions of social mobility, the conversation must also include non-financial aspects, such as cultural adaptability and identity. Ayanda shared a personal reflection on the culture shock she experienced, illustrating how background and life experiences shape perceptions and responses within a new environment. She advised that, as institutions foster inclusivity, they must consider these diverse perspectives to enable individuals from all backgrounds to thrive rather than merely survive in the legal profession.

Within the profession there needs to be ongoing dialogue and commitment to support social mobility in law, with Lindsay and Ayanda stressing that systemic change requires collaboration from educational institutions, law firms, and the legal community at large.

Written by Rebecca Morgan, Editor of the Journal, Law Society of Scotland