The Law Society of England and Wales has responded to the Legal Services Board’s (LSB) draft statement of policy on equality, diversity and inclusion (EDI), broadly supporting a strengthened regulatory approach but raising concerns about the potential impact of universal EDI reporting requirements on smaller firms.
The LSB published its draft policy statement, Encouraging a diverse legal profession, in November last year. The draft aims to set clearer expectations for legal service regulators on how they promote EDI across the profession.
The Law Society’s response identifies several areas of concern with the existing framework, including the lack of consistent progress on EDI and wellbeing across the sector under the current statutory guidance, and the barriers women, minority ethnic and disabled solicitors still face to senior roles. Many disabled solicitors, who make up around 2% of all solicitors and 6% of those in private practice, remain unrepresented, the Law Society pointed out.
The universal EDI reporting requirements included in the draft policy would also have a disproportionate impact on small firms, which are often run by Black, Asian or minority ethnic solicitors, the Law Society said.
The society’s president Mark Evans explained:
“Research by the Solicitors Regulation Authority (SRA) shows that Black, Asian and minority ethnic solicitors are disproportionately represented in one partner and small firms. Structural pressures and operational strains make them more vulnerable to regulatory scrutiny.
“We are concerned that requiring every authorised firm to report their EDI policies could disproportionately impact these firms. A proportionate approach would be more appropriate.”
In a statement released with its response, the Law Society said the Legal Services Board “has a chance to drive progress and reduce systemic barriers on equality, diversity and inclusion and wellbeing across the legal profession”.
Evans added:
“A diverse and inclusive profession is essential to ensuring public trust. However, workplace cultures, stress and mental ill-health leave people feeling like they can’t bring their best selves to work. It’s vital that people from all backgrounds can join, succeed and thrive as solicitors.”
“We support the LSB’s ambition to improve diversity, inclusion, fairness and wellbeing across the profession and welcome a strengthened, evidenced-based regulatory approach that sets clearer expectations and accountability.”
He concluded:
“We look forward to working with the LSB as this draft policy statement is refined and implemented.”
