Minority voices

One respondent to previous Society research into diversity and discrimination observed despairingly that it was difficult to imagine how racist attitudes “within all sections of the legal profession” could effectively be addressed. Although the views of that assistant in private practice were far from universal, the research concluded that levels of discrimination – in all its forms – should concern the profession.

Yet, in the four years since publication of the original “profile of the profession” findings – making the Society one of the first professional bodies to produce such a comprehensive analysis of equality and diversity issues – there are some grounds for optimism, while remaining vigilant to a number of problems that undoubtedly exist.

The latest independent research focuses solely only on the experiences of ethnic minority background solicitors in Scotland rather than other groups at risk of discrimination. Also, the two studies used different methods and sample sizes and so are not directly comparable. However, bearing those qualifications in mind, the 2007 research recorded that as many as 48% of those of an ethnic origin other than white felt they had been discriminated against at work. By contrast, the latest research found that only “a third of the ethnic minority background solicitors we spoke to feel they have been treated differently, or discriminated against within the profession on the grounds of race and/or cultural background”. Examples of good practice were also identified.

The figure, of course, remains unacceptably high, and there is insufficient evidence to confirm a rapid and extensive decline in racist behaviour, but the finding might provide some comfort to the concerned assistant who submitted her views four years ago.

Barriers to progress

Jennifer Lambert, director of consultants Blake Stevenson, sounds a cautionary note. “Whilst our research found few examples of direct discrimination against ethnic minority lawyers, a third of those we consulted felt that their ethnicity had affected their professional progress to date and would probably continue to do so in the future. There is no doubt that the profession has better embraced diversity in the past decade, but there is a long way still to go to break down some of the cultural barriers in particular.”

According to the qualitative study, which was carried out to ensure the Society continues to learn about equality and diversity issues from its members, those obstacles to professional progress took various forms. For instance, a number of ethnic minority respondents felt they were treated less favourably than white colleagues – receiving lower pay or heavier workloads; being given less administrative support or fewer development opportunities. Promotion was regarded as less likely, with some also concerned that not fully participating in social and networking events, perhaps for cultural reasons related to drinking alcohol, further impeded professional progress. The research also found examples of ethnic minority respondents being treated more harshly during the recruitment process; subjected to inappropriate comments or teasing; or left out of communications or client meetings.

In terms of entering the profession, an encouraging 6% of Scottish law students starting their degrees in 2002 were identified as being from minority ethnic backgrounds. However, they appear significantly less likely to go on to become equity partners than their white colleagues. The study also found evidence that some respondents were discouraged from pursuing a career in the law by family members, due to perceptions that it would be difficult to progress or because other professions, such as medicine or business, were regarded as preferable.

Double disadvantage

Other forms of discrimination were also still seen to exist, particularly on the grounds of gender and social or educational background. A number of the female ethnic minority solicitors felt gender compounded incidences of unfair treatment, particularly mothers and those of child-bearing age, a difficulty also encountered by many of the white female solicitors. A number of respondents concluded: “Life is tough in the legal profession if you’re female, Asian and Muslim.”

Worryingly, the bullying of trainees, irrespective of ethnicity, was regarded as an unpleasant and unfortunate inevitability. Some also believed that the current economic climate may disproportionately affect people from ethnic minority backgrounds in terms of recruitment and redundancy, with one respondent suggesting: “Recession has led to greater discrimination – people can now hide behind it as an excuse for things being competitive or choosing not to recruit someone.”

However, it is worth pointing out that around two thirds of ethnic minority solicitors, including representatives from public, private and in-house legal services, felt their ethnicity had played no part in their professional progress. And examples of good practice were highlighted too, such as anecdotal evidence of an employer ensuring a Muslim solicitor had time and privacy for daily prayer.

Pointers to action

Farah Adams, convener of the Society’s Equality and Diversity Committee, agrees that even small changes can help to raise awareness and improve understanding of issues. “Coming from an ethnic minority myself, I can see how there’s an underlying feeling of unfair treatment, even if it is difficult to quantify. But there is no doubt that small changes in behaviour can make a big difference in ensuring everyone has the same opportunities to fulfil their potential.”

She acknowledges that the Society has a major role to play in eliminating discrimination in the profession, as stressed in the report, which made 14 recommendations. She says: “Some of the recommendations relate to work already underway – for example, issuing guidance on equality-related matters to firms, and continuing the work of our equality strategy.

“Various new ideas were also identified in the study, which the Society now intends to pursue. These include exploring further the idea of an informal network of solicitors from a minority ethnic background, trying to make minority ethnic solicitors more visible through CPD and Journal content, and working to encourage solicitors from an ethnic minority background to stand for the Council and our committees. We will also be looking to run workshops for human resources on employment issues and considering how we can further promote good employment practice.”