Are Law Firm Leaders Truly Committed to Advancing Women and Diverse Lawyers?

In the realm of law, diversity and representation have surged to the forefront of discussions. Recent statistics from the Solicitors Regulation Authority (SRA) in the UK paint a disconcerting picture of persistent disparities within the legal profession. As of 2021, a mere 17% of law firm partners came from Black, Asian, or Minority Ethnic (BAME) backgrounds. Gender diversity doesn’t fare much better, with only 35% of partners being women, despite 61% of solicitors being female. Although the gender gap has slightly narrowed since 2019, it remains a significant concern.

Many law firms have embraced diversity and implemented promising schemes to attract talent from diverse backgrounds into the legal field. Yet, the enthusiasm for diversity appears to wane at the upper echelons of leadership, prompting questions about the sincerity of their commitment. The disheartening truth is that numerous firms continue to maintain all-white, all-male boards, a stark reminder of the enduring underrepresentation of women and BAME individuals in senior positions.

In Excello Law’s recent webinar with The Lawyer, prominent figures within the legal industry addressed some of the key issues surrounding the barriers to progression. George Bisnought, Founder of Excello Law; Jo Losty, COO of Excello Law; Sharon Thomas, Founder of The Black Counsel Forum; and Ranjit Sond, President of the Society of Asian Lawyers, discussed how law firm leadership can bring about real change.

Existing Barriers

The barriers to advancement for women and BAME lawyers within law firms are multifaceted. Unconscious bias plays a significant role in perpetuating these barriers. According to George Bisnought, CEO of Excello Law, “although the legal profession has seen an influx of minority lawyers and women, the challenge lies in progressing to the top. Decision-makers may unconsciously favour candidates who share similar backgrounds or characteristics, perpetuating unequal opportunities. The result? Boards, leadership teams, and senior partners within law firms often lack diversity.”

Sharon Thomas points out that the nature of the legal industry itself exacerbates these biases: “In law, we are selling a service, not a product. The Legal Profession is based on relationships, be they with other lawyers, clients, or the legal community. Unconscious bias can significantly influence these relationships and, by extension, career progression.”

Sharon highlights that many people from underrepresented backgrounds simply do not have existing relationships or knowledge to help them advance in the legal industry: “In law it’s still often about ‘who you know.’ To progress in your legal career, you need knowledge, you need mentoring, you need sponsorship, and I think it’s more difficult for minority groups to attract that because they don’t always have lawyers in their network.”

Ranjit Sond adds that social interactions and work allocation contribute to workplace bias: “As a non-drinker, I have seen how opportunities and high-profile work are frequently distributed through informal gatherings, such as drinks at the pub or sports events. If someone is considered ‘a good guy who enjoys a drink,’ he may be given work over someone else.”

The prevailing ‘boys’ club’ atmosphere in some law firms can lead to exclusion and inequity in opportunities, hampering career progression.

Jo Losty, COO at Excello Law, reiterates that the legal industry’s historically male-dominated leadership has often relegated women to certain roles or career plateaus: “I had a career break to look after my children and wanted to return to corporate law. I found myself facing the challenge of a very linear and rigid perspective on career profiles. My career path didn’t ‘fit’ the profile, and I found it very difficult to get back into the law.”

Law firm cultures can be demanding, with long working hours and high expectations for billable hours, making it challenging for women, especially those with caregiving responsibilities, to balance their work and family lives. Jo adds, “Sadly, the pressure now to return to the office from many law firms is only going to further exacerbate the divide.”

However, it’s important to recognise that bias isn’t solely perpetuated by senior leaders; many of these biases are internalised by minority lawyers or women themselves. Ranjit Sond notes that stereotypes and perceptions affect how these individuals are evaluated in the workplace, leading some to believe they must work twice as hard to overcome stereotypes and avoid reinforcing societal perceptions of being ‘lesser’ performers.

Ranjit says: “We must shift our focus away from this narrative, which often intersects with the experience of imposter syndrome, making individuals doubt their own worth from the outset. I do believe I’ve been subjected to more scrutiny than my white male counterparts. Often they do not experience the same level of pressure to constantly double-check their work.”

The Role of Leadership

Leadership is critical. To build a more diverse and inclusive workplace, it has to come from the decision-makers at the top of the pyramid. George Bisnought says: “It’s like being a conductor in a symphony. If the conductor pays little regard to diversity and inclusion, it will be lost. It has to start at the top and filter all the way down. It is certainly that way at Excello law.”

Strong leadership is vital to ensure that clear goals for equality are set for law firms. Sharon Thomas stresses that they need to be specific about what they want to achieve and communicate that clearly and transparently to the wider firm. She stresses for change to happen, more lawyers in senior leadership positions must embrace the business benefits of diversity: “Diversity is not just a matter of political correctness or social justice; it has significant positive impacts on business. Diverse teams bring fresh perspectives, innovative ideas, and a broad range of experiences, enhancing decision-making, problem-solving, and overall performance.”

Ranjit Sond adds that boards and leadership themselves must be more diverse: “When you look up the chain and see a diverse board taking active steps to make change, it gives you the confidence to follow in those footsteps.”

Joanne Losty follows: ‘It raises the question – What should leadership in law firms should look like? What skill sets should they have? Traditionally, leadership has revolved around business development and revenue generation, but for real change to take root, we must challenge the status quo. Without question, we risk perpetuating the same norms, where leaders choose people and genders like them – the mirror image of what they are familiar with. I would like to see creative and challenging conversations about who the leaders of law can be.”

Talk is Cheap

Law firms are implementing various initiatives, including diversity training, mentorship, and sponsorship programs. However, Sharon Thomas points out, “Talk is Cheap. Leadership needs to make the effort and introduce people, actively recruit, help and support – allow people to develop and give them the scaffolding in place to help people who haven’t had the same know-how as you.”

The panelists concur that “change starts with us.” It’s our collective responsibility to champion equality and diversity. Sharon, George, and Ranjit are living testaments to this idea. Sharon Thomas, established the Black Counsel Forum to provide underrepresented individuals with mentors and the support they need to advance their careers. Ranjit Sond, founded the Society of Asian Lawyers with a mission to promote and develop the legal profession within the Asian community in the UK, offering guidance and encouragement to Asians pursuing careers in the legal field.

Ranjit Sond emphasises: “If you as a leader are serious about change, you will make the change. If there is a real will, things will change a lot quicker. We, as a community, must ensure that leadership within law firms are making active steps to improve equality of opportunity.”

The panelists all agree that now, more than ever, lawyers need to stand up and challenge the status quo. Jo Losty encourages: “If you are going to a new firm, or even in your existing firm, question who is on the board, who are the senior leaders – are they really going to represent me and my career goals? Ensure that your voice and your unique perspective will be represented.”

Excello Law

George and Jo of Excello Law discussed that the legal career path is no longer linear. There are alternative solutions for lawyers who want to progress and succeed outside the confines of traditional law.

George Bisnought, one of the few black CEOs of a law firm in the UK, emphasized, ‘I built Excello Law because it was the law firm I wanted to work at, where lawyers can succeed and achieve their ambitions outside the linear model of traditional law. The consultancy-model allows a level playing field, minimises office politics, and provides lawyers with flexibility in terms of where and when they work. This can be particularly beneficial for lawyers who may face barriers in traditional law firms.”

George adds: ‘I believe that the diversity of our senior leadership team enables us to better understand the needs, ambitions, and concerns of every lawyer that joins us. There is no ‘one-size-fits-all’ at Excello Law, just as there is no ‘standard’ lawyer.’

A Bright Future

The panel ended on a positive note as they reflected on how far the industry has moved on, even post-Covid. While the legal profession is making strides in addressing diversity and inclusion, there is still much work to be done. Real change requires a commitment from law firm leadership, a recognition of the business benefits of diversity, but most importantly, a commitment from every lawyer to be the change that we want to see. It is through these collective efforts that the legal industry can advance towards a more inclusive and representative future.

If you would like to find out more about advancing your career at Excello Law email [email protected]

To listen to our ‘Breaking Barriers’ webinar in full please click here 

Ranjit Sond, Sharon Thomas, Jo Losty and George Bisnought