The Legal Services Board, eight legal services regulators and two disciplinary tribunals have all reaffirmed their commitment to taking action to ensure more inclusive workplaces for lawyers and that the profession better reflects the society and consumers it serves.
The signatories to the new principles – Tackling counter-inclusive misconduct through disciplinary processes (PDF) – acknowledge that while there have been some improvements in diversity and inclusion, much more work is needed. It is still harder to progress to senior levels as a lawyer if you are, for example, a woman, from a minority ethnic background, a disabled person, LGBTQ+, or are from a lower socio-economic background.
In recognition of the independence of the disciplinary panels and tribunals, there are separate but complementary commitments for those bodies. They have undertaken to ensure that training, procedures and policies remain in place to enable them to impose sanctions that make clear the seriousness of sexual misconduct, racial or other discrimination or bullying. This will act as a deterrent and encourage the reporting of misconduct.
For their part, the regulators have embraced principles that will help create safe workplaces and enable lawyers to thrive, regardless of their background. This includes a commitment to tackling conduct that goes against an inclusive culture. The regulators will take every opportunity to ensure that the seriousness of these kinds of exclusionary behaviour is reflected in a consistent way in their standards and codes and approaches to disciplinary action.
Creating a truly inclusive legal profession will require sustained leadership at all levels. Regulation can underpin this leadership and today’s publication signifies a strong commitment by all involved to do so.
Matthew Hill, Chief Executive of the Legal Services Board, said:
‘Today’s announcement affirms our collective commitment to doing everything we can to create a profession that is the most open and inclusive in the world. Everyone should feel safe at work, and we will work together to tackle and stamp out exclusionary conduct, including inappropriate banter, bullying and sexual misconduct. Developing more inclusive workplaces will not only help deliver more professional services, but it will ensure people can contribute different ideas and fresh thinking that will lead to innovation across the sector.’
Mark Neale, the Director General of the Bar Standards Board, said:
‘The BSB has long been committed to promoting equality and diversity and we welcome this new statement. We strongly support the principle that legal regulators and the legal profession must continue to work together to meet our regulatory objective of encouraging a truly diverse legal profession.’
Professor Janine Griffiths-Baker, Interim Chief Executive Officer, CILEx Regulation Limited, said:
‘CILEx Regulation stands together with other regulators against any intolerance, exclusion and misuse of power shown to those working in the legal profession. Too many CILEx lawyers tell us they feel patronised and looked down on, and so we are committed to working with others to tackle counter-inclusive behaviours. Ensuring everyone feels safe in the workplace is vital to creating equal and fair opportunities for progression. Our recently published EDI strategy fully supports the statement’s principles and commits us to further action to address barriers within enforcement processes and to support the professional journey of all CILEX members.’
Kate Wellington, Chief Executive of the Costs Lawyer Standards Board, said:
‘While it’s important to create pathways into the legal profession that are accessible to everyone, that alone is not enough. We must create a professional culture that makes lawyers feel sufficiently safe and supported to bring their whole selves to work each day. Exclusionary conduct undermines that vision and runs counter to the professional principles that lawyers must uphold. In line with the statement published today, we commit to making full use of our regulatory tools to confront any exclusionary behaviour in the Costs Lawyer community.’
Sheila Kumar, Chief Executive of the Council for Licensed Conveyancers, said:
‘We regulate a very diverse profession, but it is clear that there are entrenched barriers to career progression for women and people from ethnic minorities in particular. It also seems that disabled people and LGBTQ+ people may not feel secure enough to be open about themselves in the workplace. We hope this statement will give those experiencing discrimination in the CLC-regulated community greater confidence to bring their experiences to the regulator so that we can help them, and that everyone will feel able to be their full selves in the workplace, knowing that they have the support of the CLC.’
Howard Dellar, Registrar at the Faculty Office, said:
‘Action against discriminatory and counter-inclusive behaviour goes to the heart of principled regulation. Through education, example and regulatory intervention, the Faculty Office continues to remove cultural barriers that hinder diversity and inclusivity within the notarial profession. The time is right to stand together with other regulators to bring about a deeper equitable balance that is long overdue.’
Duncan Wiggetts, ICAEW Chief Officer, Professional Standards Department, said:
‘ICAEW, as a regulator of legal and accountancy services, welcomes this statement which resonates with that issued by the CCAB in July 2021. We believe it important that all those working in professional services should be treated with respect and that this is reinforced by a robust enforcement process. We will continue to work with other legal services and accountancy regulators to pursue this objective.’
Paul Philip, CEO of the Solicitors Regulation Authority, said:
‘A diverse and inclusive legal profession that reflects the communities it serves is a stronger profession. Although there has been progress made on increasing diversity, there is still a long way to go. Discrimination or harassment in the workplace is totally unacceptable – not only because it is wrong and likely unlawful, but it undermines opportunities for individuals from diverse backgrounds to progress and succeed.
‘For our part, we are consulting on adding new rules to explicitly spell out what we expect from firms and individuals on workplace culture, including the need to treat colleagues fairly and with respect. If they fail to do, we will take action where necessary to protect the interest of clients and public.’
Alison Kellett, President of the Solicitors Disciplinary Tribunal, said:
‘Whilst every case is considered on its facts, it is important that the profession and public are assured that the Tribunal will impose sanctions that reflect the seriousness of the misconduct found proved in cases involving sexual misconduct, racial or other discrimination or bullying. This will act as a deterrent and ensure that the Tribunal continues to protect those who have experienced unacceptable conduct and the wider public from harm which will further maintain public confidence in the reputation of the legal profession.’