barriers and drivers of diversity: analysis of 10 years of the bsn dlt diversity survey sample of firms i am pleased to support the black solicitors professor urwin and dr matthew gould how intersectional factors, including socio network (bsn) in this important work economic background play out in this. to identifying diversity trends across the legal sector. the courage to be uncomfortable by justine lutterodt improve our knowledge, we commissioned leeds university business school to look at the career pathways for certain groups and help when this league table began in 2006, it was us better understand the trends. we are also helped pave the way for readily available a groundbreaking initiative. since then, it has an inclusive culture is essential to successful diversity by sarah winship, shoosmiths diversity information and we now know much more about the barriers to entry and talking to solicitors and firms about their career choices in this ever changing legal market, recognising that not all solicitors aspire to partnership in large global firms. progression for some groups. the bsn’s diversity drives innovation analysis of the extensive data collected over we speak to denise nurse, halebury the past decade is a welcome contribution to our collective knowledge about diversity in the profession. the black solicitors network dlt speaks to bsn about its mission these issues are common across many professions and it might take some time to see a significant shift. in the meantime, there is still a lot we can do to make a difference and we welcome the excellent work that we have seen in 2012, we introduced our own diversity data from many law firms in promoting diversity collecting, so now law firms routinely tell us through a range of initiatives. the makeup of their workplace. we use this essential information to better understand firms are competing for the best candidates diversity in the profession and our online tool and increasingly aware that they need to allows firms to benchmark themselves against remove barriers to recruitment, retention and others in their sector. progression. the best recognise that a strong record on diversity gives them a competitive it is encouraging that new entrants to the advantage and is something that their clients solicitors profession are increasingly diverse, a expect and deserve. trend we are encouraging through our work to promote fairer access from all backgrounds. we are encouraging legal apprenticeships and have an equivalent means route for those gaining skills and experience through non-traditional routes. furthermore, our proposed solicitors qualifying examination would allow all would- be solicitors, regardless of their training route, league table diversity to show that they have reached the same high a 10-year demographic survey of the legal profession standard required for all solicitors. although we are encouraged by the gradual working towards an equal profession increase in the representation of women and bame solicitors in senior roles, we recognise there are still challenges to career progression for these groups in some sectors. the reasons for this are complex and we need to understand £45.00 | eleventh edition a report from the bsn black solicitors network

foreword by the hon. dame linda dobbs d.b.e. former high court judge league tables are living instruments. they change. there is movement. there is ebb and flow. importantly, as in the case of the diversity league tables (dlt), they hold organisations accountable by the scrutiny given to their activities. dlt covers five critical diversity strands – gender, ethnicity, sexual orientation, disabilities and social mobility to compile its tables, making for a comprehensive assessment of diversity in the legal profession. this year, following the 10th anniversary of the dlt, the black solicitors network (bsn) has re-evaluated the work of the dlt and has conducted an analysis of the data collected over the past 10 years. this initial study will form the basis of future research which will cover analysis of diversity and career progression in the legal profession. since the publication of the first diversity league table the profession has seen significant change in the profiles of those who work within it. there has been positive change, for which also disappointing. this has implications not the dlt can take much credit. having said least for the make-up of our judiciary. it is that, as the preliminary findings of the recent why this publication is such an important one research has shown, there is still a long way to and why i am pleased to see that bsn will be go. it is a familiar story – namely, that whilst the collaborating with the law society and relevant figures at the bottom re gender and ethnicity in academics to develop even more sophisticated particular, have improved significantly, the top means of monitoring and evaluating the echelons are sadly unrepresentative and change information. this is vital to change. well done is moving at a slow pace. social mobility is bsn and keep up the good work!

welcome from the black solicitors network (bsn) by paulette mastin, chair of bsn this year’s publication differs somewhat from previous editions of bsn’s diversity league table (dlt). historically, the dlt represented a ground-breaking piece of work that pre-dated all current cross-strand diversity monitoring initiatives and requirements, leading to greater transparency around diversity measures in the legal profession. after 10 successful years of the of entry level or trainee solicitors follows, in general, an encouragingly upward trajectory, diversity becomes less and less evident the higher one looks up the corporate ladder. this creates significant challenges, and i hope that you will take the time to read professor peter urwin and dr matthew gould’s analysis of what is a complex and challenging set of circumstances. dlt, bsn is re-evaluating the publication as a diversity survey. as a first, step, in conjunction i would like to thank everyone who has with the law society (dlt’s lead sponsor), we contributed to this publication, with a special have commissioned a review and analysis of the mention to our lead sponsor, the law society, datasets collected from firms over the 10-year prof urwin and dr gould whose detailed analysis period. the result is this publication which underpins this publication, and advertising reports on the barriers and drivers of diversity sponsors whose support enables us to produce across the core strands of gender, ethnicity this important piece of work. thanks also to and social mobility, with useful insights (and my colleagues at bsn, whose unstinting hard challenges) for those tasked with improving work and commitment give me confidence that, diversity in the sector. in time, we will see true equality and diversity across the legal profession. there is a perception that the past 10 years have seen steady improvement in gender and looking to the future, the next phase of bsn’s ethnic diversity within the legal profession. programme of research beckons which will in many ways, this is undoubtedly the case, encompass analysis of diversity and career but our findings paint a mixed picture. some progression, taking us beyond annual reporting firms have delivered notable improvements of diversity towards identifying and exploring in representation from one or more strands why the issues highlighted by this report exist. of diversity yet, at the same time, have seen we hope we can count on your support for this a corresponding reduction in representation innovative and important new research study into from other strands. similarly, while recruitment diversity in the profession.

contents | 7 we acknowledge the continuing support of the following organisations and individuals 33 barriers and drivers of diversity 33 36 36 46 3. data and method 4. analysis and findings 4.1. ols regression analysis 4.2 summary of main findings 50 diversity drives innovation 52 an inclusive culture is essential to successful diversity 54 profile: segun osuntokun 56 barriers and drivers of diversity 56 59 62 64 5. conclusions and next steps lead supporter and sponsor: references appendix diversity policy score questions 66 a gay woman’s perspective on diversity at work 68 bsn about us the black solicitors network (hereinafter referred to as the bsn) has made every effort to ensure that the information provided within this publication is accurate. however, the content and entries are based on the latest information available at the time of going to print. • naturally during the lifespan of this publication names, addresses and telephone numbers may change but this edition will not be amended and reissued as a result of any such changes. • this disclaimer is effective in relation to editorial content, research and advertising. • the bsn does not under any circumstances whatsoever accept liability for any damages or loss which may arise from any error or omission of information contained in this publication. the bsn does not represent or act as agents for organisations and/or individuals within this publication. professional qualifications, trade certification and membership of trade associations, shown against an organisation or individual’s advertisement are not endorsed or supported by the bsn or this publication. • the views expressed in this publication are not necessarily the views of the editors or the publisher. © black solicitors network 2017 all rights reserved. no part of this publication may be reproduced in any material form, stored in a retrievable system or transmitted in any format without the written permission of the black solicitors network except in accordance with the provisions of the copyright designs and patents act 1988. applications for the black solicitors network’s written permission to reproduce any part of this publication should be addressed to the black solicitors network, c/o percy short & cuthbert, 608 holloway road, london n19 3ph or email enquiries@ blacksolicitorsnetwork.org. partners and supporters: editorial contributors and supporters: professor peter urwin, dr matthew gould, dame linda dobbs, justine lutterodt, sara winship, denise nurse, segun osuntokun, rhianon paine

welcome from the law society of england and wales by robert bourns, president of the law society of england and wales the law society is committed to promoting diversity at all levels of the profession. we have been the principal sponsor of the black solicitors network (bsn) diversity league table (dlt) which provides detailed data on the performance of law firms and chambers, and a valuable analysis of the key issues affecting diversity in law. the law society is pleased to be the lead sponsor of a new bsn study commissioned to review and analyse the datasets collected from firms over the past 10 years of the dlt. this study focuses on aspects of change from a demographic perspective (across diversity strands of gender, ethnicity and social mobility) over this period and presents new and useful insights on the progress of diversity across the legal profession, taking account of extrinsic factors impacting the profession. together with our own research and the diversity intelligence we gather from our diversity & inclusion charter reporting exercise, the bsn publication will help to inform our work promoting and supporting diversity in the profession.

statement of support by paul philip, chief executive, solicitors regulation authority i am pleased to support the black solicitors network (bsn) in this important work identifying diversity trends across the legal sector. when this league table began in 2006, it was a groundbreaking initiative. since then, it has helped pave the way for readily available diversity information and we now know much more about the barriers to entry and progression for some groups. the bsn’s analysis of the extensive data collected over the past decade is a welcome contribution to our collective knowledge about diversity in the profession. in 2012, we introduced our own diversity data collecting, so now law firms routinely tell us the makeup of their workplace. we use this essential information to better understand there are still challenges to career progression diversity in the profession and our online tool for these groups in some sectors. the reasons allows firms to benchmark themselves against for this are complex and we need to understand others in their sector. it is encouraging that new entrants to the how intersectional factors, including socio economic background play out in this. solicitors profession are increasingly diverse, a these issues are common across many trend we are encouraging through our work to professions and it might take some time to see promote fairer access from all backgrounds. we a significant shift. in the meantime, there is still are encouraging legal apprenticeships and have a lot we can do to make a difference and we an equivalent means route for those gaining welcome the excellent work that we have seen skills and experience through non-traditional from many law firms in promoting diversity routes. furthermore, our proposed solicitors through a range of initiatives. qualifying examination would allow all would- be solicitors, regardless of their training route, firms are competing for the best candidates to show that they have reached the same high and increasingly aware that they need to standard required for all solicitors. remove barriers to recruitment, retention and although we are encouraged by the gradual record on diversity gives them a competitive increase in the representation of women and advantage and is something that their clients bame solicitors in senior roles, we recognise expect and deserve. progression. the best recognise that a strong

barriers and drivers of diversity | 13 barriers and drivers of diversity: analysis of 10 years of the bsn dlt diversity survey sample of firms by prof peter urwin and dr matthew gould commissioned by the black solicitors network (bsn) about the findings gender and ethnic minority representation at sector, as we identify no significant impact junior levels of the legal profession are high, but of diversity policies and practices adopted attrition as one progresses up the professional by firms, on subsequent levels of gender ladder drive concerns over diversity at partner and ethnic diversity. worryingly, we find level – a pattern reflected across many uk firms with more extensive diversity policies professions. the diversity league table (dlt) are significantly more likely to be pursuing survey sample was first administered in the increasing recruitment from russell group summer of 2006, and we use data up to 2015. institutions. in addition, we identify a variety each year firms provide information on the of firm characteristics that are positive for one gender and ethnicity of partners, associates strand of diversity, but exactly the opposite for and trainees within the firm; together with the other strand – when considering the pattern additional information on diversity policies and of differences across firms according to core practices; and information on the percentage areas of practice, the findings are striking in of trainees recruited to the firm from russell this respect. one possible explanation is that group universities. we use this firm-level panel the more ‘international’ areas of practice have dataset to estimate multivariate regression higher levels of ethnic diversity, driven by a equations, taking a pooled approach to global recruitment focus, and a resultant higher estimation; separately modelling the proportion proportion of overseas non-white staff (who of (i) female and (ii) bame staff at (a) partner, are not ‘bame’ in their country of origin); whilst (b) associate and (c) trainee level in the firm. the ‘international’ nature of these areas is also the findings present a challenge to those a 24-7 culture, which may drive lower levels of tasked with improving diversity in the gender diversity. associated with longer, unsociable hours and

barriers and drivers of diversity | 15 barriers and drivers of diversity: analysis of ten years of the bsn dlt diversity survey sample of firms by prof peter urwin and dr matthew gould 1. introduction and ethnic diversity at the most senior levels (see for instance, davies report, 2011; parker from 2006 to 2015, the bsn diversity league review committee, 2016; ball and brown, tables (dlt) have encouraged firms and 2016; mcgregor-smith review, 2017). studies chambers to promote diversity, by celebrating commissioned by other bodies, such as the organisations that achieve a high level of royal society investigation into diversity in diversity; and those that still have some way to stem, find similar problems in both public go, but have put in place a variety of initiatives and private sector institutions, with diversity to support diversity (including policies, at more junior levels of the profession not practices, support networks and other resource reflected at the top (wright et. al., 2014). commitments). over these 10 years, the dlt has played an important role in raising the issue of in section 2, we show how this stalling of diversity in the legal profession, and challenging growth in diversity across senior levels of the employers to do more. however, as the 2015 legal profession leads to diversity ‘pyramids’. dlt suggests in its ten-year review, “across both there are ‘good’ levels of representation at chambers and firms, the continued upward trainee solicitor level; we then see an amount of trend in gender and ethnic diversity amongst attrition take hold, as we move up to associate; senior staff is at a very slow pace”. until we get to the level of partner, where levels of female and black, asian and minority ethnic this lack of progress on diversity at senior (bame) representation drop substantially. levels of the profession is a problem across the pyramid is a relatively straightforward many sectors of the uk, not just within the representation of the challenge facing firms, but legal profession. in recent years, a variety of section 2 shows how even this simple pictorial reviews and reports have challenged business aid can provide insights, as it shows where the leaders to do more to ensure diversity at junior barriers to progression ‘bite’ for women and levels of the workplace translates into gender bame lawyers.

barriers and drivers of diversity | 17 not mandated to achieve any targets and do the second set of hypothesised business not have to provide explanations in areas with benefits argue that diversity brings benefits low levels of diversity. of itself, even where we are not concerned with achieving representativeness. here the the second broad policy prescription is, in arguments suggest that creativity is enhanced some senses, not a prescription as such, but if we have a diversity of perspectives and rather a suggestion that the competitive less emphasis on conformity to past norms; pressures of the market will, of themselves, and similarly, problem-solving is enhanced promote diversity. the underlying message when teams can draw on a wider range of the diversity league tables has always of perspectives (irrespective of whether been that increasing diversity makes business this diversity does, or does not, achieve sense and this reflects an important aspect of ‘representativeness’). these benefits are the modern diversity discourse. this business hypothesised to accrue to the firm, whether case for diversity is a major component of or not the enhanced diversity is representative many recent reviews in this area. the parker of the external environment, and urwin et. review committee (2016) suggests, “our al. (2013) therefore consider this as a set of review highlights clear business reasons for ‘internal’ business benefits. increasing ethnic diversity on uk boards”, with “understanding and responding to cultural and demographic change [being] a major commercial imperative both in the uk and globally”. the arguments that underpin this business case can be split into two broad categories2. the first argues that firms which achieve a more ‘representative’ workforce, achieve competitive advantage over those that do not. firms recruit firms recruit from an increasingly diverse population, and if this is not reflected in their workforce, then they lose out on talent. from an increasingly diverse population, and if if we believe that these business case this is not reflected in their workforce, then they arguments have weight and agree with parker lose out on talent; if marketing departments are (2016) that, “every part of the business world… not diverse, they are unlikely to provide insights can see both the commercial and reputational across the full range of customer groups; advantages to making progress”, why has the graduates and other key groups increasingly trend rise in workplace diversity stalled? one expect representative [diverse] workplaces can view frustration with the apparent failure and are put off if this is not the case. firms of a ‘laissez faire’ business-case approach, increasingly realise that diversity is an integral driving calls for a more interventionist policy part of their brand and they will lose out if their of mandated quotas. however, as we shall see workforce does not reflect the ‘external’ world. in the next section, evidence on the impacts 2 interestingly parker (2016) distinguishes between ‘internal’ and ‘external’ diversity business benefits, in line with urwin et. al. (2013), but the categorisations do not correspond to each other. the two categories suggested here are in line with those adopted in urwin et. al. (2013).

barriers and drivers of diversity | 19 traditional dlt and other surveys) towards for concern. there has been some improvement identifying and exploring why such issues in absolute levels of representation at different exist. one can argue over the relative merits levels of the profession, but the rate of attrition of quotas, compared to a more laissez faire for women and ethnic minorities has shown business-case approach, but ultimately policy only limited improvement. must be matched to a diagnosis of why women and ethnic minorities are not getting to the specifically, if we compare the situation of top. various bodies in the profession have bame lawyers in figure 1 and figure 2, we have played an important role in raising awareness, clear evidence of improvement, as there is a rise flagging these problems, and encouraging in the proportion of partners who are from an firms and chambers to do more, including the ethnic minority background, from 3.7% to 8.9%5; solicitors regulation authority, the law society and this is also accompanied by an increase in and the legal services board. this report trainees who are from an ethnic minority from represents an important step in the process of 10.7% to 22.7%6. at both the most senior and generating new evidence, and final sections the most junior level of the profession within of the study consider the next steps that we firms, we observe an increase in the proportion would wish to take, focusing on individual-level of bame staff. data on lawyers, to track diversity and career progression. 2. background to the study however, the problem of attrition has clearly deteriorated during this period, when we consider movements between the positions of trainee and associate. in 2006, 10.7% of trainees were from a bame background and 9.8% of associates – a situation that gender and ethnic minority representation at is consistent with low levels of attrition for junior levels of the legal profession are high bame lawyers who attempt to make the move and could be considered ‘representative’, but between these levels of practice. however, high levels of attrition as one progresses up whilst the absolute proportion of bame lawyers the professional ladder drive concerns over at these levels of practice had increased by diversity at partner level. figure 1 [taken from 2015, we now have a situation where 22.7% the 2006 diversity league tables], and figure of trainees are bame, but this then reduces 2 [updated from the 2015 dlt], show how to only 13.9% of associates – a finding that the situation has changed over the years4. suggests many more bame trainees are not comparison of the two figures suggests some making it to associate level, than in the past. in limited improvements, but also continuing areas fact, for bame lawyers, figures 1 and 2 highlight 4 there are clearly issues of comparability between figure 1 and figure 2, but as table 10 of the appendix shows, there is a high degree of correspondence between law society figures [which capture the population of solicitors working in private practice and holding a practising certificate] and the dlt sample [which is based on returns from participating law firms]. the statistical analysis in section 4 is based on data collected as part of the dlt surveys. 5 this figure does not consider sole practitioners as ‘partner equivalents’ and so deviates somewhat from law society figures. 6 note that this figure is for 2013, as more recent law society publications do not cite the proportion of trainees who are bame, following changes to the way that ethnicity data is collected by the sra.

barriers and drivers of diversity | 21 an interesting change in the nature of attrition it is important to note that the proportions over recent years. figure 1 shows that it used presented in figures 1 and 2 only show a partial to be the step from associate to partner where picture of decreasing diversity as we move from ethnic diversity fell most steeply, but figure earlier, to later legal career stages. for instance, 2 now suggests that it is the movement from the proportion of law graduates who self-define trainee to associate where barriers to progress as bame is about 32% of the graduating cohort seem to ‘bite’. (see webley et. al., 2016). for bame would-be solicitors we therefore see that, at the training in contrast with the situation of bame contract stage, the bame population drops lawyers, figure 1 and 2 suggest that the fall from over 30% at the educational vocational in representation of female lawyers is still stage of training to 22.7% at the in-firm phase of most pronounced when considering the training (a point in the occupational ladder that move from associate to partner – in 2015 only is controlled, in the main, by law firms through 28.2% of partners were female, despite the their selection practices). fact this is also the case for 62.8% of trainees and 60.6% of associates. we can take some encouragement from the rise in the proportion of women who are partners [from 22.1% to 28.2%] over this decade, but a rise in the proportion of trainees who are women over the same period [from 56.4% to 62.8%] still leaves us with very high rates of attrition. it remains the case, that there is a particularly pronounced ‘last step barrier’ for women at the top of the profession, whilst the ‘pipeline’ does not seem to be particularly ‘leaky’ at earlier stages of career. in contrast to this aztec pyramid for women, we observe a much more egyptian pyramid for ethnic minority lawyers in recent years, as attrition is evident qualitative studies suggest that bame lawyers are concentrated within the less prestigious parts of the legal profession; they are proportionately more likely to be in sole or small firm practice than white solicitors. at all levels of the profession and, if anything, qualitative studies suggest that bame lawyers steepest between trainee and associate. this are concentrated within the less prestigious is in contrast to the figures for 2006, which parts of the legal profession7; they are suggest a situation for bame lawyers that proportionately more likely to be in sole or small used to be more like the situation for women, firm practice than white solicitors8; and this where the move to partner was where we saw may be due, in part, to the greater difficulties the greatest drop in diversity. they face as regards entry into, and progression 7 the ouseley report (2008) independent review into disproportionate regulatory outcomes for black and minority ethnic solicitors available at: http://www.sra.org.uk/ouseley at 7; law society (2010) ethnic diversity in law firms understanding the barriers london, the law society at 10. 8 see solicitors regulation authority diversity monitoring statistics 2013 https://www.sra.org.uk/sra/equality-diversity/diversity- monitoring/diversity-monitoring-2013.page.

barriers and drivers of diversity | 23 to this report) the quantitative evidence gender diversity in top positions outperform supporting a business case for diversity is not sector averages. virtcom consulting10 suggest particularly robust, especially when we compare that greater race and gender diversity on it to the evidence on discrimination. when corporate boards is associated with a 16.2 per considering gender and ethnicity, studies of cent return over five years compared to lower discrimination have traditionally measured the economy-wide averages. extent of disadvantage in the form of a wage gap that cannot be explained by observable characteristics. much of the literature on ethnicity, particularly in the usa, focuses on the proportion of this gap that can be attributed to labour market and pre-labour-market discrimination (neal and johnson, 1996); with new studies using audit pair methods (bertrand and mullainathan, 2004) adding another dimension to the debate (heckman, 1998). a study commissioned by the department for business innovation and skills [now beis] and the government equalities office reviews the widely quoted research from mckinsey (desvaux et. al., 2007) suggests that european listed companies with greater gender diversity in top positions outperform sector averages. underlying academic evidence supporting the these findings suggest higher levels of business case for diversity (urwin et. al., 2013). gender diversity are correlated with a firm’s the authors conclude that, “studies appear to performance, but they do not confirm evidence have found evidence that firms have reaped of a causal relationship. for instance, we tend business benefits from equality and diversity, to find that younger companies (on average) but not all firms in all contexts at all times”. grow at faster rates than older companies the report emphasises that ‘context’ and ‘how (haltiwanger, jarmin and miranda, 2010; diversity is managed’ are “crucial in determining neumark et al., 2008), and smaller ones how equality and diversity brings about tend to have higher proportions of women business benefits”. the report underlines the (urwin, 2011; 2012). it could be that younger complexity involved in capturing clear ‘bottom (predominantly smaller) companies have line’ business benefits in a way that can be greater gender diversity and are also more robustly quantified. likely to grow. in this example, we would observe a correlation between gender diversity consider for instance, the substantial challenges and firm performance, but these two variables we face when considering evidence on the would not be directly related. they would only business benefits arising from increased be correlated with each other because both are diversity at board level. widely quoted research correlated with ‘firm age’. most of the current from mckinsey (desvaux et. al., 2007) suggests evidence on diversity at board level suffers from that european listed companies with greater this problem. 10 as cited in, government equalities office (2010), the case for equality – draft report for phases 1 & 2, april 2010.

barriers and drivers of diversity | 25 target had been exceeded by the ftse 100 firms on the business case for diversity, it is and emphasised that there is no appetite for still the case that many have implemented mandatory quotas amongst business leaders. policies and practices that would be recognised in 2013, baroness hale of richmond lent her as diversity ‘good practice’, and still there support to the use of a ‘tie-breaker’ where has been little discernible change in levels of candidates from less well represented groups representation at the top of the profession. are favoured when candidates cannot be more importantly, there are more women and differentiated by ability11. this seems in line ethnic minorities than ever before entering the with the extended scope for lawful voluntary legal profession, who have very little prospect positive action created by the equality of moving to the top (when compared to their act 2010 (see for instance, barmes, 2009). white and/or male counterparts). this report both these approaches are something of a creates new evidence that allows a more compromise, between the laissez faire business- detailed quantitative understanding of the case approach, and the use of quotas (which problem and the reasons it continues to exist; become non-binding ‘targets’). and is a first crucial step in understanding why current policies may be having little impact. however, if there really is greater buy-in from 11 now introduced in relation to recruiting judges by the judicial appointments commission.

the courage to be uncomfortable | 29 there are three fears that i commonly in addressing them. this type of authentic encounter: 1. fear of dilution self-reflection is often needed to undo the effects of stigmatisation and establish a culture of trust. and yet, it involves a level of vulnerability that most find terrifying – particularly leaders with reputations to it is interesting to note the concern maintain. about unfair treatment from dover et al’s study. often it is assumed that efforts to there is some merit to this fear. too often, promote diversity will result in lower quality conversations that involve clearing the air or candidates. underlying this is the belief that providing feedback are made more difficult diverse talent does not exist in an equivalent by a focus on finger-pointing and blame. form, or that broadening the criteria for the feelings of defensiveness, shame, and consideration will dilute its effectiveness. anxiety that this triggers can lead individuals this fear has some merit. those looking to to suppress biases that are at odds with meet targets can be guilty of putting the their self-concept or avoid discussing wrong person in the job, and the pipelines sensitive topics altogether. both approaches for senior leadership positions may indeed are counterproductive – blocking the appear sparse. opportunity for shared understanding and meaningful growth. however, the ultimate purpose of broadening criteria is to become more to overcome this, high levels of discerning, not less. this requires a higher psychological safety are needed along level of skill from those assessing candidates with an emphasis on the merits of learning, – in order to interpret a candidate’s as opposed to being right. using the track record, expertise, and indicators of terminology of renowned social psychologist potential across different social norms. in carol dweck, this requires leaders to adopt her groundbreaking study on innovation, a “growth” mindset rather than a “fixed” diversity and market growth, sylvia anne one, such that biases are viewed as clumsy hewlett highlights the importance of leaders approximations that need to be evolved having such translational ability (e.g., cultural rather than eradicated. fluency, generational savvy, gender smarts, etc.). she demonstrates that the presence of this quality in organisational leaders, in 3. fear of disruption conjunction with demographic diversity, correlates with market success. the process of becoming more diverse 2. fear of judgment can indeed be disruptive. it challenges our thinking about unspoken cultural norms, and triggers shifts in organisational power. once diverse teams are in place, there is it is easier to talk about statistics, policies, further disruption. team members must and other people’s bad behaviour than to make an effort to get to know people who acknowledge one’s own biases and seek help are different from them, establish trust,

the courage to be uncomfortable | 31

barriers and drivers of diversity | 33 barriers and drivers of diversity: analysis of ten years of the bsn dlt diversity survey sample of firms by prof peter urwin and dr matthew gould 3. data and method international firms. since 2007 the sample frame for the survey has remained constant, the diversity league table (dlt) survey sample with the bulk of information continuing to be was first administered in the summer of 2006, collected during the summer months. the focus with an original focus on gender and ethnic of much of our statistical analysis is on firm data diversity across firms; and we use data up to collected between 2007 and 2015. the 2015 survey. each year, firms have been asked to [voluntarily] provide information on between 2006 and 2007 the number of firms the gender and ethnicity of partners, associates in the dlt sample grew from 53 to 81, but the and trainees within the firm; together with onset of recession then cut numbers in half additional information on diversity policies and and the 2008 study only included 41 firms practices; and for all years under analysis, we (including 27 uk top 100 and 7 international). have information on the percentage of trainees the 81 firms in 2007 included 63 uk top 100 recruited to the firm from the russell group and 12 international firms, amongst others. by of universities in the previous year. we link 2009 the number of firms participating in the this diversity information across years for all dlt had risen back to 50 (including 9 of the those firms for whom we have more than three city 10 firms), but subsequent years saw this years of data – allowing at most a two-year number fall further to only 36 in 2015 (and only gap between responses for any one firm. this 5 of the “top” city 10). over the 2011 and 2012 provides us with a panel dataset of firms, which years, the profession was focused on a fall in forms the focus of our analysis. “the number of solicitors working in private practice firms registered in england and wales… the 2006 dlt survey was targeted at the uk for the first time since records began in 1971”, top 100 law firms and focus of the 2007 study [reported in that year’s law society, trends in was expanded to include a range of other the solicitors’ profession report]. leading uk law firms, together with leading

barriers and drivers of diversity | 35 table 1: descriptive statistics of variables used in regression analysis variable no. of obs mean std. dev. proportion of trainees recruited to the firm from the russell group in the last year head office,city of london1 trend growth/decline in practicing certificate holders over the period of analysis (slope parameter) number of practicing certificate holders in the firm (t=0) firm size change between 1st year [t=0] and last year [t=t] proportion of partners who are female proportion of associates who are female proportion of trainees who are female proportion of partners who are bame proportion of associates who are bame proportion of trainees who are bame policy score (in 1st year >= 2010) 307 307 307 307 307 307 307 307 307 307 307 307 65% 73% 28% 45% min 0% 0% max 100% 100% 10.79 27.28 -32.68 148.47 400.48 300.86 32.00 1082.00 54.79 170.61 -305.00 957.00 23% 54% 57% 6% 12% 18% 9% 9% 10% 7% 14% 9% 0% 34% 27% 0% 4% 6% 49% 77% 83% 100% 100% 46% 355.20 83.99 96.00 481.00 but this time with a dependent variable that staff at different levels of seniority, we utilise captures the trend change in each one of our all 307 firm-year observations and this allows six categories over the period of analysis. for us to identify a higher number of significant instance, in the case of female partners, we factors impacting diversity. when we estimate calculate the trend change over the period the trend change over the period we are only we observe the firm - giving us an overall able to use one set of data points for each indication for each firm, of whether the levels firm – reducing the number of observations to of gender diversity at partner level are rising, 51 and therefore reducing the extent to which falling or staying roughly constant. we then we identify significant variables (as with 14 model this trend as our dependent variable (in explanatory variables, we have less than 40 place of the proportions used in the first set of degrees of freedom2). regressions) to see what factors are associated with this trend in diversity at partner level over as with many studies that utilise regression the period. for the regression equations that analysis, it is important to understand the model the proportion of women and bame strengths and weaknesses of our approach. 2 ultimately, when we get to a point where there are as many observations as explanatory variables, estimation breaks down – as we get closer to this point, our regression has less validity.

barriers and drivers of diversity | 37 considering the findings from table 2, there is summary of what we can take from the analysis. no statistically significant relationship between the firm’s size [as represented by the number in table 2, we find no significant relationship of practising certificate holders in the first year between the proportion of female partners that we observe the firm] and the proportion in the firm and (i) the proportion of trainees of female partners. however, we do identify a recruited from russell group institutions in statistically significant3 [negative] impact on the the previous year; (ii) the policy score of the proportion of female partners, associated with firm in this first year; or (iii) the absolute size firms whose head office is in the city of london, difference between the first year and last year having controlled for firm-size differences and we observe the firm, as captured by change in a variety of other factors [listed in table 2]. the absolute number of practising certificate there is no significant correlation [relationship] holders. however, in addition to the significant between firm size and levels of gender diversity negative ‘city’ impact, we also identify a at the level of partner; but we do find a significant negative impact associated with the [significant] negative relationship between the trend change in number of practising certificate levels of gender diversity amongst partners and holders over the period4. the absolute change firms who have head offices in the city. in number of practising certificate holders enters our regression, so that we can capture in table 2 we can clearly identify all those any impacts that arise from simply having more factors that are significantly correlated with people appointed over the period [that we the levels of gender diversity at partner level, might expect to present more opportunities as they are highlighted in green, amber and for increasing diversity] as opposed to a slope red; representing significance at the 1%; 5% and that captures whether firm size is generally 10% level respectively. readers can see this increasing or decreasing over the period [which as representing different levels of confidence would capture any impacts that apply across in the strength of any correlations – green both small and large firms]. the suggestion suggests a high [99%] level of confidence that here is that firms on an upward size trajectory the correlation we identify is ‘significant’; amber experienced falling levels of gender diversity at a slightly lesser level of confidence [95%] and partner level over the period, but we must not we should be careful of reading too much place too much weight on this finding, as it is into findings that are highlighted in red [90% only significant at the 10% level. confidence] – they are worthy of comment, but need to be supported by findings in other over 10 years of the dlt studies we have often regression equations, to be worthy of note. the raised questions over the relationship between following discussions identify key significant diversity at lower levels of practice [associate and insignificant findings and then section 4.2 and trainee] and partner level within individual brings these together to provide an overall firms – we often have a situation where high 3 this report is for a non-specialist audience, so we attempt to avoid technical language. talk of a ‘statistically significant’ impact, refers to the situation where we reject the null hypothesis of parameter insignificance. when we suggest a ‘statistically insignificant’ impact, this refers to the situation where we are not able to reject the null hypothesis of parameter insignificance – in both cases we use language that is more accessible to non-technical readers. 4 all trend variables are calculated as the slope coefficient [α] in the ols equation [variable of interest] = α year + β.

barriers and drivers of diversity | 39 table 3: ols regression, modelling law firm characteristics associated with proportion of associates who are female proportion of trainees recruited to the firm from the russell group in the last year -0.001 0.000 -3.020 0.003 -0.001 0.000 head office,city of london1 -0.065 0.014 -4.700 0.000 -0.092 -0.038 coefficient standard error t statistic p>t [95% conf. interval] -0.002 0.001 -2.280 0.024 -0.003 0.000 0.057 0.000 0.000 0.000 o.q15 0.049 0.014 0.029 o.q18 0.048 5.350 2.220 1.040 2.170 4.550 3.280 7.340 2.310 5.980 7.390 0.000 0.028 0.299 0.031 0.000 0.001 0.000 0.022 0.000 0.000 0.192 0.000 0.000 0.000 0.039 0.064 0.077 0.010 0.071 0.262 0.416 0.000 0.000 0.000 0.099 0.255 0.133 0.125 0.142 0.453 trend growth/decline in practicing certificate holders over the period of analysis (slope parameter) proportion female trainees in the firm (at time=0) number of practicing certificate holders in the firm (t=0) policy score for the firm (t=0) size difference between t=t and t=0 (absolute number) 0.304 0.000 0.000 0.000 core practice area: [reference category is banking and finance law] corporate law/mergers and acquisitions employment law (including pension & benefits) litigation & dispute resolution other real estate law (including construction) constant 0.069 0.159 0.105 0.067 0.107 0.358 1 location of head office, with greater london included in the reference category significant at the 1% level significant at the 5% level significant at the 10% level a continuing negative impact of being a firm subsequent levels of gender diversity. we find with a city-located head office; and a positive that a higher proportion of trainees recruited relationship between the proportion of female from russell group universities in the previous trainees in the firm at the earliest point of year, is significantly correlated with lower levels analysis and subsequent levels of associate of gender diversity at associate level. gender diversity. we again find that firms on an upward size trajectory seem to experience once again, the firm’s core practice area is falling levels of gender diversity [this time at highly significant in explaining levels of gender associate level] and this provides more support diversity, this time at the level of associate; for a similar finding in table 2. and the same hierarchy applies, with firms listing employment law (including pension and unfortunately, we once again find no impact benefits) as their core practice area, having the on gender diversity from firms having a higher highest levels of gender diversity at associate policy score at the earliest point we observe level; followed by real estate law (including them; but firms that experience a large absolute construction), litigation and dispute resolution; increase in the number of pc holders, are more then corporate law/mergers and acquisitions – likely to experience higher levels of gender with gender diversity at associate level in firms diversity at associate level, and larger firms (as that list the core practice area of banking and captured by the number of practising certificate finance law having particularly low levels of holders at t=0) also experience higher female representation.

barriers and drivers of diversity | 41 table 5: ols regression, modelling law firm characteristics associated with proportion of partners who are bame proportion of trainees recruited to the firm from the russell group in the last year 0.000 0.000 1.020 0.311 0.000 0.001 head office,city of london1 0.021 0.012 1.660 0.098 -0.004 0.045 coefficient standard error t statistic p>t [95% conf. interval] 0.001 0.001 1.110 0.268 -0.001 0.002 0.037 0.058 0.000 0.000 0.000 0.014 0.045 0.013 0.026 0.017 0.030 --0.340 4.050 -1.880 --0.960 -0.970 0.550 -1.560 -0.610 -0.610 -1.810 1.370 0.735 0.000 0.062 0.340 0.331 0.585 0.119 0.544 0.543 0.071 0.173 -0.085 0.120 0.000 0.000 0.000 -0.020 -0.160 -0.035 -0.067 -0.063 -0.018 0.060 0.347 0.000 0.000 0.000 0.035 0.018 0.018 0.035 0.003 0.100 trend growth/decline in practicing certificate holders over the period of analysis (slope parameter) proportion bame associates in the firm (at time=0) proportion bame trainees in the firm (at time=0) number of practicing certificate holders in the firm (t=0) policy score for the firm (t=0) size difference between t=t and t=0 (absolute number) -0.012 0.233 0.000 0.000 0.000 core practice area: [reference category is banking and finance law] corporate law/mergers and acquisitions employment law (including pension & benefits) litigation & dispute resolution other real estate law (including construction) constant 0.008 -0.071 -0.008 -0.016 -0.030 0.041 1 location of head office, with greater london included in the reference category significant at the 1% level significant at the 5% level significant at the 10% level that, whilst firms with city-located head offices level across firms. even when considering core have lower levels of gender diversity, they have areas of practice, there is an indication that higher levels of ethnic diversity. table 5 confirms firms listing real estate law as their core area of that this is underpinned by a positive and practice are least likely to have ethnic diversity statistically significant relationship, having held at partner level, but this is only significant at constant additional firm-level characteristics the 10% level. however, it is interesting that all (though the result is only significant at the 10% the areas of practice that have more gender level, it is confirmed in subsequent tables). in diversity, are all the areas that have lesser ethnic addition to this, there is a positive relationship diversity - all the coefficients on our indicators between the proportion of bame trainees in the of practice in tables 2 to 4 are positive and firm in the first year and proportions of bame in table 5 they are all negative. whilst these partners in subsequent years of analysis. negative coefficients are not significant, they other than this, there is some indication that our lack of significance here, is the fact that larger firms have higher proportions of partners proportions of partners who are bame in firms who are bame, but this is only significant at is very small and even if there is some variation, the 10% level. perhaps the most striking finding it may not be pronounced enough to result in become so in table 6. one possible driver of here, is that we simply do not have much that significant correlations. explains the levels of ethnic diversity at partner

barriers and drivers of diversity | 43 table 7: ols regression, modelling law firm characteristics associated with proportion of trainees who are bame proportion of trainees recruited to the firm from the russell group in the last year 0.000 0.000 0.000 0.996 0.000 0.000 head office,city of london1 -0.005 0.017 -0.310 0.754 -0.039 0.028 coefficient standard error t statistic p>t [95% conf. interval] 0.000 0.001 -0.120 0.902 -0.002 0.002 trend growth/decline in practicing certificate holders over the period of analysis (slope parameter) number of practicing certificate holders in the firm (t=0) policy score for the firm (t=0) size difference between t=t and t=0 (absolute number) 0.000 0.000 0.000 core practice area: [reference category is banking and finance law] corporate law/mergers and acquisitions employment law (including pension & benefits) litigation & dispute resolution other real estate law (including construction) constant -0.033 -0.093 -0.058 -0.073 -0.017 0.205 0.000 0.000 0.000 0.019 0.062 0.018 0.035 0.023 0.039 -2.220 0.830 -0.710 -1.740 -1.510 -3.240 -2.080 -0.760 5.310 0.028 0.406 0.478 0.083 0.132 0.001 0.039 0.447 0.000 0.000 0.000 -0.070 -0.215 0.000 0.000 0.000 0.004 0.028 -0.094 -0.023 -0.142 -0.062 -0.004 0.027 0.280 0.000 0.129 1 location of head office, with greater london included in the reference category significant at the 1% level significant at the 5% level significant at the 10% level (including pension and benefits) as their core we again have support for the suggestion that practice area having the lowest levels of ethnic our findings are the mirror image of those for diversity at associate level. gender diversity. the hierarchy suggests that firms listing banking and finance law as their table 7 presents ols regression results core practice area, have the highest levels of from modelling factors associated with the ethnic diversity amongst associates; followed proportion of trainees who are bame in a firm. by corporate law/mergers and acquisitions; unfortunately, we find firms achieving a higher then litigation and dispute resolution. firms policy score in the first year, do not experience listing employment law (including pension significantly higher proportions of bame and benefits) or real estate law (including trainees in subsequent years and this suggests construction) as their core practice area seem we dismiss the finding in table 6 which was to have lower levels of ethnic diversity at only significant at the 10% level. outside of trainee level, but in this case the differences are core area of practice, the only other factor not statistically significant. that is statistically significant in explaining the proportion of trainees who are bame in the tables 11 and 12 of the appendix set out the firm, is the number of practising certificate findings from regression equations, estimated holders. to provide additional insights. as suggested in section 3, we re-estimate the equations when considering the relationship between considered in tables 2 to 7, using a dependent core areas of practice and trainee diversity, variable which captures the trend change in a

barriers and drivers of diversity | 45 table 9: ols regression, modelling law firm characteristics associated with the trend proportion of trainees recruited from russell group head office,city of london1 trend growth/decline in practicing certificate holders over the period of analysis (slope parameter) coefficient -0.099 standard error 1.075 t statistic p>t [95% conf. interval] -0.090 0.927 -2.216 2.017 -0.064 0.053 -1.210 0.228 -0.168 0.040 number of practicing certificate holders in the firm (t=0) -0.003 policy score for the firm (t=0) size difference between t=t and t=0 (absolute number) proportion female partners in the firm (at time=0) proportion bame partners in the firm (at time=0) 0.012 0.011 -1.733 6.833 core practice area: [reference category is banking and finance law] corporate law/mergers and acquisitions employment law (including pension & benefits) litigation & dispute resolution other real estate law (including construction) constant 2.492 15.622 4.761 0.841 -0.442 -3.877 0.002 0.006 0.008 6.071 11.796 1.187 3.785 1.231 2.385 1.461 2.794 -2.110 2.030 1.290 -0.290 0.580 2.100 4.130 3.870 0.350 -0.300 -1.390 0.036 0.043 0.199 0.775 0.563 0.037 0.000 0.000 0.725 0.762 0.166 -0.007 0.000 -0.006 -13.682 0.000 0.023 0.027 10.215 -16.384 30.049 0.155 8.171 2.338 -3.852 -3.317 -9.376 4.829 23.072 7.183 5.535 2.433 1.623 1 location of head office, with greater london included in the reference category significant at the 1% level significant at the 5% level significant at the 10% level that larger firms [as captured by the number the reverse is true in tables 8 and 9. table 9 of practising certificate holders in the first year suggests that firms citing the core practice we observe the firm] are associated with lower area of employment law (including pension and proportions of recruits from the russell group benefits) experience a particularly pronounced universities, when compared to smaller firms. trend increase in the proportion of trainees also, the higher the policy score of a firm, the recruited from russell group universities over higher the proportion of trainees recruited from the period of analysis. firms with core practice russell group institutions – an issue we return areas of litigation and dispute resolution or to in section 4.2 and the conclusion to this corporate law/mergers and acquisitions are paper. also more likely to be experiencing a relative increase in the proportion of trainees from it is interesting to note that, in contrast to the russell group universities, but this is not as majority of our analysis, where the modelling of pronounced as the area of employment law. proportions uncovers many more statistically these levels of significance are all relative the significant correlates than the analysis of situation in banking and finance law, which overall trends (not least because of the fall in experiences no relative trend increase over the numbers between the former and the latter); period.

barriers and drivers of diversity | 47 this possibly reflects the desire of firms with at associate and trainee level. the parameter high proportions of trainees recruited from the effects associated with this finding are small, russell group, to improve diversity and adopt but they are significant at the 1% level; and the appropriate policies and practices (raising small positive correlation we find between the their diversity score). however, the policy proportion of russell group recruits to trainee score is highly significant in the equation that and ethnic diversity at associate level is an models the trend in proportion of trainees isolated finding and only significant at the 10% from the russell group, suggesting that firms level. with a higher policy score early in the period of analysis are more likely to subsequently clearly our indicator of ‘city head office increase the proportion of trainees recruited location’ proxies a number of underlying from russell group institutions. this seems differences, but the regression models contradictory, as the more elite russell group estimated, rule out many of the key ones, such institutions admit lower proportions of minority as core area of practice and size of firm. there ethnic students and oxbridge has a particularly is clearly a challenge here, with these firms low proportion of female undergraduates, having significantly lower levels of gender compared to even the rest of the russell group. diversity at the levels of partner, associate and trainee; whilst the levels of ethnic diversity at the appendix to this study, sets out the partner and associate level are significantly questions that are answered by firms and higher, even after controlling for a range of the weights given to their various answers, additional differences. regarding the diversity policies and practices in place at the firm. clearly, the factors that before moving on to consider the influence we identify are perhaps more likely to be of core areas of practice on diversity, it is adopted by larger firms with more resources important to note the reason for inclusion and by firms that perceive they have ‘more of a trend value; an indicator of the absolute of a problem’. however, our analysis goes a level of change in numbers; and absolute long way to accommodate such potentially numbers at the start of the period of analysis, confounding factors and whilst the overall score when considering the numbers of practising captures a wide range of workplace approaches certificate holders in the firm. the number of [and could be argued to be somewhat practising certificate holders in the firm at the simplistic] the findings on policy impacts are start of our period of analysis, allows us to ask wholly negative. the question, does size matter? the answer is that, it seems to be positively related to gender the positive correlation between policy score diversity at associate level, ethnic diversity at and proportion of trainees recruited from partner level and the proportion of trainees russell group institutions is a real concern, who are bame; and, in contrast, negatively especially when taken alongside the apparent associated with the proportion of trainees lack of impacts associated with such policies; but also, because we find that firms with a higher proportion of russell group recruits to recruited from russell group universities. in addition, we have an indicator that captures trainee at the start of our period of analysis, change in the absolute number of practising have significantly lower levels of gender diversity certificate holders within the firm – asking, does

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diversity drives innovation | 51 halebury’s innovative business model has mckinsey report providing hard data and disrupted the legal services market and ten evidence of the business case for diversity in years from inception several leading traditional business leadership is compelling but looking law firms now have their own flexible resourcing at humanity and the progression of society arms. as ceo denise focuses on leading the as a whole diversity matters more than ever. culture and growth of the business and on being a minority in a traditional, male, white, client service. halebury’s expertise in the tmt oxbridge world can be daunting, but it is not sector is acknowledged in the legal 500 where what others think that matters but what you it is in the third ranking in this category and think of yourself. your difference is what makes clients include bt, virgin media, bskyb, barclays you stand out and can be your advantage, but and expedia. it can also be very isolating and exhausting, always having to explain who you are to in a recent interview with the lawyer, denise your colleagues. for those in the position of nurse said, “we [halebury] are so committed privilege this is an opportunity to dare greatly to creating a different blueprint. i think we can and turn stated desires and goals into action help create a pathway for those joining the and results. profession that is more inclusive, that embraces different skills, rather than focusing on hourly my vision is for future minority lawyers to rates. changing the way lawyers are trained – i have a credible path to the highest levels of think we are going to be part of that”. the legal profession and to not feel that they have to change, hide or compromise who they denise is a diversity champion and a member of are to get there and for the current leaders the supplier executive committee of msduk, of the profession to seize this opportunity to an organisation created to improve diversity in be radical in their efforts for change, showing the supply chain of large corporates in the uk. the legal profession as leaders of cultural advancement and as more reflective of the denise shared with us her views on the society we serve.” importance of diversity for the legal profession and humanity. “diversity matters. i know this has been a central theme for bsn’s diversity league table and i think it is a message that needs to be repeated for a long time to come. the

the legal industry is taking considerable steps to change this. shoosmiths have dropped their grade criteria for candidates to ccc and any degree while cv’s are blind to help level the playing field. well-being but for who? in recent years firms have put a focus on employee well-being in an attempt to harness inclusivity. historically, well-being has centred on conventional health factors such as weight, nutrition and exercise. in reality well-being is subjective. what improves the working life of one employee won’t necessarily have the same impact on their colleague. individuals’ needs are different. a 5pm yoga session once a week might be a great stress relieving activity but is probably not so useful to the single parent who struggles to leave work on time to pick up their children from school. involving staff in the decision making process is massively important in providing them with well-being should be guided by the employees. a sense of ownership; ‘this is our initiative to asking staff what daily challenges they help us tackle our problems together’. we face and what would make the biggest identified this and set up an employee forum difference to them in overcoming these is with representatives from across the various the best starting point. shoosmiths carry out teams in each office acting as a spokesperson an annual staff satisfaction and well-being to communicate concerns raised by colleagues survey where employees can express their to the board. concerns anonymously, allowing us to look at the effectiveness of our well-being initiatives a multi-faceted issue, diversity is an area in tackling the current challenges being faced of constant improvement and therefore an by individuals. a series of focus groups at each inclusive culture is one that grows and flexes to office to discuss the outcome of the survey accommodate this demand. our consistently pinpoints priorities for the next 12 months and high diversity figures are proof of our inclusive gives a valuable steer on how initiatives should culture. it hasn’t been easy. any in-house d&i be sculpted. professional will tell you that it is a long process that requires careful consideration and planning if individuals feel supported by the firm in and changes aren’t instant or permanent and overcoming their daily challenges then we require constant care and attention. but the create an atmosphere of inclusion. no one is result of consistent challenging of what, for singled out because their obstacles aren’t those so long, was considered the norm has seen of the majority. shoosmiths become an employer of choice.

profile: segun osuntokun | 55 i am a partner in blp’s litigation and corporate risk department and also head the firm’s africa group. i have been at blp since 2008. blp is a welcoming firm that prides itself on and demonstrates genuine collegiality and a down- to-earth ethos where everyone is encouraged to be their true selves. we want the best talent ‘we want the best talent from the broadest base to be attracted to and to stay at blp’ from the broadest base to be attracted to and contract applications from black candidates as to stay at blp. a result of these events, and in september 2016 we were thrilled to win “best diversity initiative” according to the law society sponsored at the lawyer business leadership awards. the diversity league table, the proportion of black event will be hosted again in november 2017. associates has remained static in the last three years at just 1.4%. it is pleasing to see a good the attendance alone at this event demonstrates number of law firms and chambers realise that that there is a real need for our profession to the diversity of the legal profession needs to continue to reach out to black and other ethnic improve. there is now a much more concerted minority individuals, and actively to encourage focus on diversity and that is what is needed. applications from talented candidates we may from blp’s perspective, the key to embracing currently be missing out on. we hope that by diversity is to address the culture of the firm; an this event and others in the pipeline, we will inclusive culture drives diversity not the other address and, eventually help redress the current way round. imbalance in black representation in the legal profession by openly airing the issues and alongside four other diversity and inclusion inspiring a new generation of black lawyers. task-groups, blp has a social inclusion and ethnicity task-group which i lead jointly my advice for any aspiring bame lawyers alongside another partner. one of our recent is not to see your race as an obstacle to initiatives was an event called “race for achievement – the profession is changing. have change” which we hosted twice last year. more confidence in your own abilities and be yourself. than 200 black students and graduates came your individuality and unique experiences to blp for the day to get a flavour of what a and insights are valuable assets, which you career in law could look like for them. we have should aim to convert into a career in the legal already seen a dramatic increase in training profession.

barriers and drivers of diversity | 57 barriers and drivers of diversity: analysis of ten years of the bsn dlt diversity survey sample of firms by prof peter urwin and dr matthew gould 5. conclusions and next steps the only situation where we identify a firm characteristic that is positive for one strand the findings of this report present a clear of diversity, but exactly the opposite for the challenge to those tasked with improving other strand – in fact, when considering the diversity in the sector, as we identify no pattern of differences across firms according to significant impact of diversity policies and core areas of practice, the findings are striking practices adopted by firms, on subsequent in this respect. when considering gender levels of [gender and ethnic] diversity. even diversity, we have the following hierarchy of more worrying, we find that firms with more core practice areas cited by the firm, from most extensive diversity policies are significantly gender-diverse to the least: (i) employment law more likely to be pursuing increasing (including pension and benefits) (ii) real estate recruitment from russell group institutions. law (including construction); (iii) litigation and our study is not able to identify the social dispute resolution (iv) corporate law/mergers background of lawyers within firms, but this and acquisitions (v) banking and finance law. approach is likely to be worsening, rather when considering the extent of ethnic diversity, than improving, access to the professions for this list runs in exactly the opposite direction. those from disadvantaged backgrounds. in addition, we have strong evidence that a focus our findings do provide some encouragement of recruitment on russell group institutions for diversity practitioners, as firms with is closely related to lower levels of gender higher levels of ethnic and gender diversity diversity at various levels of the profession. at associate and trainee level experience significantly higher levels of partner diversity in addition, we find that firms with head offices in subsequent years. whilst rates of attrition located in the city have significantly higher across the sector are worryingly high, especially proportions of bame lawyers, but significantly when making this last step up to partner, in lower levels of female lawyers. this is not firms that are managing to increase diversity

barriers and drivers of diversity | 59 references ahern, k. and dittmar, a. (2011), “the changing of the boards: the impact on firm valuation of mandated female board representation”, stephen m. ross school of business, working paper series. archer, l. (2011), “constructing minority ethnic middle class identity: an exploratory study with parents, pupils and young professionals”, 4 (11) sociology 134-51 ball, s. and brown, j. (2016), “gender diversity on european boards, realizing europe’s potential: experiences and best practices”, european women on boards study carried out in partnership with institutional shareholder services. barmes, l. (2009), “equality law and experimentation: the positive action challenge”, cambridge law journal, vol. 68, issue 3; pp. 623–654. berger, a., kick, t. and schaeck, k. (2012), “executive board composition and bank risk taking”, discussion paper no 03/2012. bertrand, m. and s. mullainathan (2004), ‘are emily and greg more employable than lakisha and jamal? a eld experiment on labor market discrimination’, american economic review, 94(4): 991. heckman, j. (1998), ‘detecting discrimination’, journal of economic perspectives, 12(2): 101–16. boon, a., duff, l. and shiner, m. (2001), “career paths and choices in a highly differentiated profession: the position of newly qualified solicitors”, 64:4 the modern law review 563-594 issn: 0026-796i davies report (2011), women on boards, urn 11/745 de pril, k. and roberts, m. (2016), “gender diversity on european boards : realizing europe’s potential: progress and challenges”, april. desvaux, g., devillard-hoellinger, s., and baumgarten, p. (2007), women matter: gender diversity, a corporate performance driver, new york: mckinsey and company duff, e (liz), shiner, m., boon, a. and whyte, a. (2000), entry into the legal professions: law student cohort study law society research study no. 39 (london: the law society, 2000) duff, l. and webley, l. (2004), “equality and diversity: women solicitors research study”, 48 volume ii, law society research study series (london: the law society) pp. 64. haltiwanger, j., r. jarmin and j. miranda (2010), ‘who creates jobs? small vs. large vs. young’, discussion paper 101910, center for economic studies (ces), us census bureau, august. harkness, s. (1996), “the gender earnings gap: evidence from britain”, fiscal studies, vol. 17; pp 1-36. the law society of england and wales (2016), diversity profile of the solicitors’ profession 2015, october loury, g., modood, t. and teles, s. [eds] (2005) ethnicity, social mobility and public policy. a

barriers and drivers of diversity | 61 enterprise, federation of small businesses urwin, p., parry, e., dodds, i., karuk, v. and david, a. (2013), “the business case for equality and diversity: a survey of the academic literature”, government equalities office and department for business innovation and skills, bis occasional paper no. 4. webley, l. (2013) ‘united kingdom: what robinson v solicitors regulation authority tells us about the contested terrain of race and disciplinary processes’ 16 (1) legal ethics 236-241. webley l. and duff, l. (2016), “diversity and inclusion as the key to innovation in innovating talent management in law firms”, in mottershead, t. (ed), innovating talent management in law firms (nalp, 2016). webley, l., tomlinson, j., sommerlad, h., muzio, d. and duff, l. (2016), “access to a career in the legal profession in england and wales: race, class and the role of educational background”, in r. nelson, s. headworth, r. dinovitzer, d.wilkins (eds) diversity in practice: cambridge university press. webley, l. (2015), “legal professional de(re)regulation, equality, and inclusion, and the contested space of professionalism within the legal market in england and wales”, 83 (5) fordham law review; pp. 2349-2367. webley, l., tomlinson, j. sommerlad, h., muzio, d. and duff, l. (2016) ‘access to a career in the legal profession in england and wales: race, class and the role of educational background’ in r. nelson, s. headworth, r. dinovitzer, d.wilkins (eds) diversity in practice (cambridge: cambridge university press, 2016). wilson, k. and urwin, p. (forthcoming 2017), an investigation of the barriers to fellowship and lectureship applications experienced by bame and female early career researchers at imperial college. women on boards davies review (2015), five year summary wright, a., michielsens, e., snijders, s. kumarappan, l., williamson, m., clarke, l. and urwin, p. (2014), diversity in stemm: establishing a business case, royal society

barriers and drivers of diversity | 63 table 12: ols regression, modelling law firm characteristics associated with the trend proportion of bame trainees proportion of trainees recruited to the firm from the russell group in the last year (t=0) coefficient standard error -0.0005631 0.0004977 head office,city of london1 0.0082181 0.0136998 t statistic p>t [95% conf. interval] -1.13 0.6 0.265 -0.0015707 0.0004445 0.552 -0.0195157 0.035952 trend growth/decline in practicing certificate holders over the period of analysis (slope parameter) -0.0001063 0.0006058 -0.18 0.862 -0.0013327 0.0011201 number of practicing certificate holders in the firm (t=0) -0.0000269 0.000019 policy score for the firm (t=0) 0.00000649 0.000073 size difference between t=t and t=0 (absolute number) 0.0000053 0.000096 core practice area: [reference category is banking and finance law] corporate law/mergers and acquisitions -0.0052566 0.0149086 employment law (including pension & benefits) -0.010789 0.0480537 litigation & dispute resolution other -0.0088462 0.0142183 0.0040246 0.0270157 real estate law (including construction) -0.029372 0.0162483 constant 0.0404657 0.0281242 -1.41 0.09 0.06 -0.35 -0.22 -0.62 0.15 -1.81 1.44 0.165 0.93 -0.0000655 0.0000116 -0.0001413 0.0001543 0.956 -0.0001891 0.0001997 0.726 0.824 0.538 0.882 0.079 0.157 -0.0354375 0.0249243 -0.1080685 0.0864905 -0.0376295 0.0199372 -0.0506659 0.058715 -0.062265 0.0035211 -0.016215 0.0971463 1 location of head office, with greater london included in the reference category significant at the 1% level significant at the 5% level significant at the 10% level

external ‘face’ q10: in relation to equality and diversity, does your organisation have publicly stated goals and aims? [yes=1 no=0] q11: if yes, please provide link to full statement [for validation] barriers and drivers of diversity | 65 q12: which one of the following equality or diversity frameworks/charters has your organisation signed up, or committed, to? please tick from the following list and add any that are not listed: • • • • law society diversity charter diversity works for london gold standard other 1: please specify…. other 2: please specify…. [q12 scored 1 for each framework/charter ticked and others listed] staff development & support q13: what % of employees receives training on some aspect of e&d at least once a year? q14: do you support [with some form of resource] the formation of employee network or support groups (engs)? 1. above 75% 2. above 50%, but no more than 75% 3. above 25%, but no more than 50% 4. above 1%, but no more than 25% 5. none [scored from 4 for highest to 0 for lowest] [yes=1 no=0] q15: please list all the engs that exist in your organisation (leave space for 6) [each listed group gets a mark and this is the kind of area where we may wish to report number of groups per 100 employees to compensate for implicit bias against small firms] recruitment, promotion and retention q16: please tick the areas of recruitment, retention and promotion where you run initiatives or programmes designed specifically to: 1. attract applicants from diverse and/or disadvantaged backgrounds, 2. retain staff from diverse and/or disadvantaged backgrounds, 3. ensure equal access to promotion opportunities for staff from diverse and/or disadvantaged backgrounds q17: for each of the above where you have provided a tick, please provide one example below _______________________________ _______________________________ _______________________________ [q16 scored 1 for each tick and q17 for validation]

a gay woman’s perspective on diversity at work | 67 why do you think it is important to be out at work? 1. the most important reason – for you! there are a lot of conversations going on at the moment about being your ‘authentic’ self at work. and although that expression makes me squirm a bit there is a simple truth in it – the more open you are at work the more openness you receive in return and i think all of this strengthens your relationships within your team, and with clients (where appropriate…!). i know how exhausting it is to work hard at my job and work hard playing the pronoun game, squirming at how-was-your-weekend questions and avoiding team nights out. there is so much to gain from being out at work – the lgbt network of your firm holds a cross-section of seniority levels you might not otherwise have the opportunity to connect to and in that way can help you build your profile. 2. for your business – the network you build within the lgbt professional community is a massive value-add and it is easy to show your firm that when clients get interested. 3. it’s the right thing to do – inspire the are also bame face any particular challenges? as a caucasian woman i’m not sure how much undergrads and the juniors out there. if you i can say on this point. i think there are inherent can do it, they can do it too. challenges in terms of sexism and racism when a person externally presents as both female have you ever experienced homophobia from and bame and i can imagine the decision to colleagues or clients, and can you give any also publicise yourself as lgbt is an even more examples? difficult one. yes but funnily enough only when i was in the closet. as an out gay woman i have received it could be said that, in an ideal world, true a number of inappropriate questions e.g. ‘so diversity will mean there is no need for are you the man then?’ to which i try my best employee networks. do you envisage this to respond with humour (in spite of internal happening in the future? meltdown, i think those questions come out sadly, not in my lifetime. aside from the need for of lack of life experience/learning, so try to be networks in spaces that are not diverse lgbt or patient). minority friendly, networks remain safe spaces that make room for creative discussion among there’s a lot of talk these days about people who share much in common and where intersectionality. do young gay women who connections in business and life can be made.

about us | 69 with city firms covering topics like maximising bsn careers impact, building resilience and the power of (bsn student members) networking. bsn has developed and regularly hosts, in conjunction with leading firms and corporates, through the creating pathways programme, interactive careers workshops for its student bsn city group hopes to accelerate positive members, which provide insights into the change in the progression of bme lawyers in the recruitment process and tailored advice city. getting on board panel event – 27 june 2017 on applying for training contracts or work placements, with measurable success. if you are interested in engaging with and recruiting from a diverse talent pool, why not host a careers “the boardrooms of britain’s leading public workshop–please contact bsn on email or visit companies do not reflect the ethnic diversity of www.blacksolicitorsnetwork.co.uk/ either the uk or the stakeholders that they seek students-trainees for further information. to encourage and represent.” sir john parker’s report into the ethnic diversity of uk boards bsn will be collaborating with accenture legal (november 2016). for the 5th year to provide summer internship opportunities for bsn student members. bsn in association with linklaters llp will be hosting a panel event to raise awareness around for more information, email board opportunities for bme professionals and careers@blacksolicitorsnetwork.org building a portfolio career, with particular focus bsn director (careers): paul mcfarlane on public board appointments. for further information about this event, email events@blacksolicitorsnetwork.org. africa emerging markets panel event – september 2017 judicial diversity holding judicial office is one of the most important of public services. bsn was instrumental in setting up pre-application workshops, improvements to the judicial every year or biennially, bsn city group hosts appointments commission (jac) outreach seminars on africa emerging markets which work and the law society role play video. bsn serve to raise awareness of the importance director, cordella bart-stewart, is a member of these growth markets and thriving sectors of the judicial college panel of experts in within them. respect of the social context of judging which includes diversity and equality and works this year, bsn city group and ilfa will be towards delivery of training programs for pre partnering to bring their members a seminar and post appointment. as the profession grows, event on africa emerging markets which will be competition for appointments remains high– hosted by freshfields bruckhaus deringer in the the number of vacancies is at a high level and autumn. expected to be so for the next few years. it is important that candidates begin to prepare if you have any enquiries regarding this event or themselves early before making an application. other bsn city group initiatives/events, email bsncitygroup@blacksolicitorsnetwork.org. for information on upcoming appointments