Law Essay Competition for Students: the winning essay, 2022

Parklane Plowden have a shared vision which is to ‘make a positive difference in all we do’ through expert advice and advocacy, excellent client care and by being the place where talented people want to work. We are committed to increasing diversity at the Bar generally, and Chambers specifically.

In March 2022, we partnered with the University of Leeds Law School to invite their students for a chance to win £250 and be published on parklaneplowden.co.uk, as well as the University of Leeds, School of Law websites.

The winning essay is the answer to the below question:

What are the most pressing equality, diversity and inclusion issues facing the Bar today, and how can we overcome them?

The Bar: Achieving Equality for All

An Analysis of the Issues Concerning Equality, Diversity and Inclusivity at England’s Bar.

Written by Katherine Lytle, LLB Student at the University of Leeds

March 25, 2022

The idea of equality, diversity and inclusion at the Bar seems quite paradoxical. Comprised of Barristers, the individuals whose roles are to advocate for individuals’ rights, the system remains unequal to minority groups. The 2022 Bar Equality, Diversity and Inclusion (EDI) Directory recognizes several minority groups that remain disadvantaged at the Bar, including women, people of colour, individuals with disabilities, and those belonging to the LGBTQIA+ community; although the most commonly reported issues relate to gender and ethnicity.¹ While organizations at the Bar have made a concerted effort to minimize the disadvantages faced by these groups, such as the Bar Standards Board (BSB), The International Bar Association, and the Bar Council, what remains is a Bar that is not representative of our wider, diverse society. As Lord Neuberger has stated, “The Bar can only flourish and retain public confidence if it is a diverse and inclusive profession.²

While the Bar as a whole has become more inclusive, the statistics remain troubling. Research on female and BAME Barristers highlights that, despite more entering the Bar, fewer move onto senior positions and remain in less prestigious specialities.³ The Law Society, in a report on Undergraduates in Law, reported that of those accepted into Law courses in 2020, 70% were female and 41% were of minority ethnic groups.⁴ The BSB 2021 Statistics, however, prove an unsettling reality that only 39% of practising Barristers and only 18% of the Queen’s Counsel are women.⁵ Further analysis shows that 61% of the Family Bar is made of female Barristers, while only 25% are at the Commercial and Chancery Bar.⁶ The same troubling statistics from the BSB apply to Barristers of minority ethnic backgrounds, which comprise only 15% of practising Barristers and 9% of the Queen’s Counsel.⁷

A 2020 BSB Report also suggests an underrepresentation of individuals with disabilities, comprising only 6.3% of the Bar, compared to 11.3% of the workforce.⁸ This is indicative of the systematic obstacles faced by minorities at the Bar.

Two further issues concerning minority groups at the Bar must be addressed for wide-scale change to take place. The first involves the lack of diversity among the Boards and Counsels that are tasked with encouraging equality and diversity (E&D) at the Bar. As Amanda Pinto QC has noted, not only has the Bar Council not done enough to support minority Barristers, but the Counsel itself is not diverse enough to be its most effective.⁹ A second issue concerns the lack of attention that issues of diversity at the Bar are given in comparison to Solicitors.¹⁰ Steven Vaughan, Senior Lecturer at University College London has noted that there is a particular lack of attention towards the intersectionality of Barristers in question, with most data simply stating their gender or ethnicity.¹¹ Not only are there are many other minority groupings that must be considered to compile accurate data, but how they intersect with each individual is also of importance.

While it is clear that there are significant issues with E&D at the Bar, acknowledgement and understanding is only the first step to making a more diverse practice. Recommendations from different reports, including the Bar EDI Directory, The Bar Council’s 2021 Race at the Bar Report, The Legal Services Board, and the BSB 2020 Anti-Racist Statement, provide a good guide for how the Bar as a whole, and individual chambers, can improve E&D. Three overarching goals should be considered: increased data collection; creation of an action plan and targets; and enforcing positive action measures and accountability. To begin with, it is essential that chambers complete a yearly E&D audit, both of staff and existing policies, to ensure a clear understanding of the nature and extent of inequalities faced, to properly implement changes.¹² Secondly, based on data collected, chambers should create an action plan to better promote E&D, and set yearly targets that must be met. Current statutory guidance should also be considered in creating such targets.¹³ At the end of each year, performance should be evaluated and reported. Finally, chambers must take positive action measures and be held accountable. This can be done in a several ways, including:

• Requiring annual diversity and de-bias training. As The Bar Council suggests, all Barristers and Staff working at the Bar should complete annual E&D training, with enhanced training for senior members.¹⁴ This will encourage awareness of the E&D issues at the Bar, which will, in turn, promote an inclusive environment.¹⁵
• Ensuring E&D policies are clear to all Barristers.
• Improving recruitment to avoid bias. As The Bar EDI Directory states, a more inclusive recruitment approach, whereby mitigating circumstances and alternative forms of experience are given higher weighting, is essential.¹⁶
• Establishing an Equality and Diversity Officer to encourage progress and hold senior chamber members to account.¹⁷
• Ensuring leadership on E&D is done from the top, keeping senior members of chamber involved. This will enhance visible leadership and promote sustained action through all levels of the Bar.¹⁸
• Holding ALL chambers accountable for their commitments. Without accountability, ensuring that all members of the Bar commit to increased E&D, we cannot truly make progress.

There is much to be done for the Bar to become a place of inclusion and equality for minority groups. The troubling statistics demonstrate that minority groups’ are at a disadvantage in the profession, despite efforts to improve the situation. There is also little attention paid towards diversity among Barristers compared to Solicitors, and a lack of diversity among those spearheading change, resulting in a system of deep-seated prejudice where minority Barristers are not given the opportunity to reach their full potential. For the Bar to become more diverse, and thus reach its fullest potential and credibility, additional measures need to be implemented. Through increased data collection, target-setting, positive action and accountability, the Bar will become the embodiment of the inclusive and diverse society that it represents.

References

• Amanda Pinto QC, ‘Black Lives Matter: In society, in justice and at the Bar’ (Counsel Magazine, 18 June 2020) https://www.counselmagazine.co.uk/articles/black-lives-matter-in-society-in-justice-and-at-the-bar accessed March 23.

• Bar Standards Board, Diversity at the Bar 2020 (2020).

• Bar Standards Board, ‘Statistics about the Bar’ (Bar Standards Board, 2019) <https://www.barstandardsboard.org.uk/news-publications/research-and-statistics/statistics-about-the-bar.html> accessed March 23.

• Barbara Mills QC, Simon Regis, ‘Race at the Bar: the time is now’ (Counsel Magazine, 7 January 2022) <https://www.counselmagazine.co.uk/articles/race-at-the-bar-the-time-is-now> accessed March 23.

• Legal Services Board, ‘Encouraging and promoting a diverse legal services sector’ (Legal Services Board, 2020) <https://legalservicesboard.org.uk/our-work/ongoing-work/encouraging-and-promoting-a-diverse-legal-services-sector> accessed March 23.

• Raggi Kotak and Anne Power, ‘The anti-racist chambers’ (Counsel Magazine, 21 December 2021) <https://www.counselmagazine.co.uk/articles/the-anti-racist-chambers> accessed March 23.

• Sam Mercer, ‘All inclusive? Work is ongoing to improve diversity at the Bar’ (2015) 165 New Law Journal 17.

• Steven Vaughan, ‘’Prefer not to say’: diversity and diversity reporting at the bar of England and Wales’ (2017) 24 International Journal of the Legal Profession 207.

• The General Council of the Bar, Entry to the Bar Working Party (Final Report, 2007).

• The General Council of the Bar, Race at the Bar: A Snapshot Report (2021).

• The General Council of the Bar, The Bar Equality, Diversity and Inclusion Directory (2022).

• The Law Society, ‘Entry trends: Undergraduates and graduates in law’ (The Law Society, 25 November 2020) <https://www.lawsociety.org.uk/en/career-advice/becoming-a-solicitor/entry-trends> accessed March 23.

1. The General Council of the Bar, The Bar Equality, Diversity and Inclusion Directory (2022) pg. 2, 3.
2. The General Council of the Bar, Entry to the Bar Working Party (Final Report, 2007) pg. 5.
3. Sam Mercer, ‘All inclusive? Work is ongoing to improve diversity at the Bar’ (2015) 165 New Law Journal 17.
4. The Law Society, ‘Entry trends: Undergraduates and graduates in law’ (The Law Society, 25 November 2020) https://www.lawsociety.org.uk/en/career-advice/becoming-a-solicitor/entry-trends accessed March 23.
5. Bar Standards Board, ‘Statistics about the Bar’ (Bar Standards Board, 2019) https://www.barstandardsboard.org.uk/news-publications/research-and-statistics/statistics-about-the-bar.html accessed March 23.
6. Mercer, ‘All inclusive? Work is ongoing to improve diversity at the Bar’.
7. Bar Standards Board, ‘Statistics about the Bar’
8. Bar Standards Board, Diversity at the Bar 2020 (2020) pg. 19.
9. Amanda Pinto QC, ‘Black Lives Matter: In society, in justice and at the Bar’ (Counsel Magazine, 18 June 2020) https://www.counselmagazine.co.uk/articles/black-lives-matter-in-society-in-justice-and-at-the-bar accessed March 23.
10. Steven Vaughan, ‘’Prefer not to say’: diversity and diversity reporting at the bar of England and Wales’ (2017) 24 International Journal of the Legal Profession 207.
11. Ibid.
12. The Bar Equality, Diversity and Inclusion Directory [pg. 38].
13. Legal Services Board, ‘Encouraging and promoting a diverse legal services sector’ (Legal Services Board, 2020) https://legalservicesboard.org.uk/our-work/ongoing-work/encouraging-and-promoting-a-diverse-legal-services-sector accessed March 23.
14. The General Council of the Bar, Race at the Bar: A Snapshot Report (2021) pg. 54.
15. Raggi Kotak and Anne Power, ‘The anti-racist chambers’ (Counsel Magazine, 21 December 2021) https://www.counselmagazine.co.uk/articles/the-anti-racist-chambers accessed March 23.
16. Barbara Mills QC and Simon Regis, ‘Race at the Bar: the time is now’ (Counsel Magazine, 7 January 2022) https://www.counselmagazine.co.uk/articles/race-at-the-bar-the-time-is-now accessed March 23.
17. The Bar Equality, Diversity and Inclusion Directory [pg. 24].
18. Ibid [pg. 41].