SRA planning surprise diversity swoops
The Solicitors Regulation Authority is to make unannounced visits to 100 ‘randomly selected’ law firms to assess their compliance with mandatory diversity reporting requirements.
The plan, announced at a Law Society Firms Diversity Forum meeting in Manchester last week, ‘went down like a lead balloon’, according to one attendee.
The SRA declined to identify the 100 firms, but said visits would help it to understand ‘how equality and diversity outcomes are being delivered in practice’.
The visits are in addition to a two-stage profession-wide survey of firms. By 4 September 7,131 firms, out of some 11,000, had completed questionnaires reporting that 186,084 people work for them.
Second-stage questionnaires are to be given to each individual member of staff inviting them to provide information about their ethnicity, age, disabilities and caring responsibilities.
Data will also be collected on sexual orientation, religion or belief, and gender reassignment.
The drive to collect diversity data arises from a statutory requirement, laid down by the Legal Services Board in August 2011, that all law firms and chambers should publish statistical information on the diversity profile of their staff.
The SRA will publish the survey’s findings next year, but in subsequent years firms and chambers will be required to publish their own data.
SRA director of inclusion Mehrunnisa Lalani admitted there had been ‘some resistance’ to providing the type of information requested, but stressed that there was a ‘prefer not to say’ option if people preferred confidentiality.
Lalani said the visits would help ‘capture accurate and complete data about diversity to ensure delivery of the right outcomes’.
Surprise visits were scheduled to begin this month, but have been delayed because of the SRA’s imminent move to new Birmingham premises.
The Law Society published a practice note in July to help firms comply with the new requirements to collect diversity data. President Lucy Scott-Moncrieff said the new requirement ‘will help the Law Society better meet the needs of our diverse membership and promote greater diversity in the profession.’
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Comments
April Fool's Day's Joke? I
April Fool's Day's Joke?
I could not believe this when this first appeared.I nearly choked on my breakfast brioche roll.
So there we have it. Based in new premises in Birmingham, the Law Society's thought police will launch surprise attacks on unsuspecting and harassed firms of solicitors trying to make a living.
Naturally if an infraction of the outcomes based rules is discovered the beloved SRA will, in the New year, be then able to levy an on the spot fine.
Dear Madam President, what has the Law Society done?
Proof
Proof positive, if ever it were needed, that the lunatics have taken over the asylum.
I'm afraid that the
I'm afraid that the Labour-Luvvies at the SRA have to do something to justify their own absurd job-titles - 'SRA Director of Inclusion'....
It seems like a job taken directly from the TV programme Twenty Twelve...
Why doesn't our new President echo the vast majority of Solicitors and say the whole thing is an absurd waste of time and money?
This really is
This really is entertaining.
So the organisation accused of racism is going to check up on everybody else to make sure they aren't racist. And the President, being politically correct, (a requirement of the job) says it's a jolly good thing too.
Satire has been surpassed by reality.
You couldn't make it up if
You couldn't make it up if you tried.
They'll be meet mostly by a
They'll be meet mostly by a sea of white faces, oxbridge and Cambridge types and Russell Group educated people with the odd ethnic as the paralegal with no career ladder or stuck in administration.
I'm sure that the powers that be will mostly visit PI firms which recruit law graduates from all walks of life and trap them into paralegal jobs handling fast track pi claims as a way of distorting their findings and creating the impression that there's diversity in law.
The training contract is the profession’s way of ensuring that law remains a closed shop and it's only in the USA that true diversity and progression can take place and that you can be rewarded for hard work, initiative and drive. Just look at Michelle Obama as an example.
Nonsense. My trainees were
Nonsense.
My trainees were of the following origins-Turkish, Pakistani, Iranian, Italian, oh and "white British". I am not of "ethnic origin" (but wouldn't give a dam anyway) and don't give a dam where anyone is from-I doubt that many (any?) solicitors do. Life is tough enough without rejecting talented people for no good reason.
Lena Lawyers are trained to
Lena
Lawyers are trained to think - they are not trained to be racists.
In recent years I have employed a black lawyer, a gay lawyer, an asian trainee and now I am now about to employ a British born Chinese.
The ehtnic make up of the law has changed since say 20 years ago and the debate about the SRA is best served by steering clear of outdated views on racism in the UK
My wife's auntie was American and take it from me the USA has nothing to teach the UK on tolerance of different ethnic groups
Equality and Diversity
We all want a level playing field but I doubt if the SRA outcomes-focussed approach is conducive to enforcing "diversity compliance" externally. I have encouraged a response to the online survey (apparently less than 50% of staff have taken the survey initially).
It is somewhat ironic that the old rules used to be quite prescriptive about what had to be in a policy (at one time there was, I recall, a default E+D policy firms were deemed to have adopted if they had nothing else in place) whereas the new rules are-along with the rest of the Handbook- along the lines "it's all up to you".
If they are serious (and I am only half joking) about this issue, should not firms be obliged to appoint a COED (Compliance Officer for Equality and Diversity) whose duty is to advocate and promote this from WITHIN an organisation, with support from the Law Soc and SRA, rather than just having an annually reviewed policicy ready for an SRA "swoop". Mind you, I'd probably get to be that as well as COLP COFA and MLRO!
Diversity survey farce
I have just completed the survey and think it won't please anyone as you can just say "prefer not to say" to all the questions. You can complete the survey more than once as well. I said I was a single mum so my firm should get good stats! Honestly how much are they spending on this exercise. If they wanted meaningful results they should have made it compulsory.
hahahahaha
In modern text speak 'i pmsl' reading this!!
Director of Inclusion -hahaha - the SRA are a joke and this just proves the point that they are there just to try and validate their own worthless existence. I couldn't agree more with 'A Solicitor'...it would be very funny if it wasn't so serious!!!
Equality and Diversity etc
I can't find evidence anywhere on either the LSB or SRA websites which shows that answering the questionnaire is mandatory as alleged in the SRA's round-robin email. In fact, the LSB has produced some outcomes which the SRA has to achieve. It is a matter for the SRA how it does it.
As pointed out in postings above, this is a vice of outcomes-focussed regulation. The analogy is that I drive 20 miles from A to B but am not told until I get to B whether there was a speed limit and, if so, whether I exceeded it.
I have repeatedly asked the SRA to direct my attention to the chapter and verse which supports their assertion that responding to their information request is mandatory. I have been waiting since 7th August for an answer to my last email in the chain.
My quibble has nothing to do with Equality and Diversity. It has to do with the regulator telling me something is mandatory when it is not. If I had a client who asked if he was obliged as a matter of law to comply with this demand for information I would have to tell him that he is not.
I fully expect to be "randomly selected" - probably at 4am.
Be afraid be very afraid
Be afraid be very afraid
Lena
Are you for real, or another in the (excellent) recent tradition of agent provocateurs on this board ?
Diversity
These people are light years behind reality. It may be that the profession as whole is or is not in step with society as a whole, but if you compare like with like ie the racial profile of the under 30's in the profession with the profile of society under 30 I would bet a pound to a penny there's every sign of bright young lawyers from all corners of the globe qualifying and joining the profession.
Would that just be an inconvenient truth to the diversity police?
Diversity Swoops
I suppose I should know the answer to this being a lawyer and all, but what if the lucky recipients of the SRA's dawn raids either refuse to allow them access to the premises, or order them out if they have already got over the threshold, or refuse to answer any questions put? Should the Law Society not be advising us how we can legally ensure we can get on with running our businesses and complying with the already massive burden of rules and regulations, without being further disrupted and distracted by "diversity swoops"?
Well put sir
Well put sir
equality and diversity
I had to answer "prefer not to say" to most questions because there was no "I refuse to answer this irrelevant and objectionable question" option. I am gay but it has no relevance to my job at all. Indeed, if I answer it the SRA will out me at work because the numbers in each category are to be reported back to the firm and they can draw their own conclusions. It is an outrageous interference in my personal life. My firm is therefore more "diverse" than the SRA know, but it is none of their business.
The SRA's new outcomes focused approach appears to be assuming that firms which do not satistfy their required diversity profile are by definition discriminatory. Ludicrous. The first objective of any firm is to succeed in business and those that succeed best try to recruit the best people, whoever they are. If the best people are "diverse" then so be it and likewise if not. But now diversity first, merit second is the unspoken message. We are required to look for difference and act upon it, excluding someone we would have employed because they are not different. Surely that is just imposing real discrimination in the guise of addressing possible discrimination.
It has been said that if you want a revolution first kill all the lawyers, because they are the independent thinkers who collectively preserve the values of a civilised society. That this dross comes from the body regulating lawyers and appears calculated to attack that very integrity from within is beyond a joke.
Rival
We must as a profession corral together to firm a rival organization to the SRA.
They are totally out of control and need closing down. Now.
Diversity survey
It may be mandatory for each firm to circulate the survey to all UK based staff, but no one is required to answer. I understand that the SRA have already started following up where no one has answered. I hope that most people will ignore the survey altogether or answer every question with the "prefer not to answer" option. Maybe then the SRA and LSB will get the message that the profession is not interested in their surveys - and will concentrate on selecting the best staff for their particular business regardless of sex, race, religion and sexual preferences.
SRA
I attended a presentation at a fringe meeting by then M.P. David Lock at the Labour Party conference in 2005. I attended with other lawyers to hear what he had to say about the future of Legal Aid. I was so dismayed that my firm withdrew shortly after from legal aid work (after 25 years). Lock may have assumed he faced a partisan audience and gloatingly pronounced with a grin "of course, all Labour M.P.'s hate lawyers". What a pathetic and ignorant statement!The writing had already been on the wall for the profession; this was confirmation that there was no future. The S.R.A. was to see to that. Well paid and with secure state pensions the bureaucrats and pen pushers of the Left were now in charge of the professionals and how they have made their point. The profession is struggling to survive. I am glad I am at the tail end of my career and although both my children are lawyers, who would recommend them these days to join the profession? Why do we take all this nonsence? Because we had a Law Society that is only inrterested in 'rolling over'. As someone has so rightly says, "The lunatics have been put in charge of the asylum!"
It is a comforting fact that
It is a comforting fact that even now there are solicitors like Keith still willing to speak plainly and for the real professiion
Diversity
How very Stasi, so typical of left wing obsessives that they want to stamp their jackboots into the windows of men’s souls and beliefs, oops not meant to say that, well too bad zealots, deal with it.
I have only one word for these demented control freaks, MERITOCRACY.
ROBOTS
May I suggest you treat the survey with the respect it deserves. Why not tell the SA I mean SRA how diverse your firm really is. How boring and middle class to dwell on ethnic diversity and sexual orientation. Tell them about the all cyborgs and extra terrestrial hive mind reptilian hermaphrodites that this noble profession employs. Our firm has at least 3 members of staff devoted to the peaceful but slightly noisy religion of Gruntism. I am a practicing Gruntist myself. I think Charles Plant is too but he maybe shy.
swearist
personally, on a really bad day, I subscribe to the Advanced Church of the Swearist.
I suspect we have more numbers than register for the newsletter.
best to all.
One of the Boys?
This is a non issue whipped into a lather by the SRA. There is no debate. The Law is a meritocracy and that is a demonstrable fact. My home counties partnership was until fairly recently composed entirely of white male anglo-saxon protestants. We billed hard and played harder. A team. A gang. Six months ago with some trepidation we tendered for property work and general commercial legal support for a national retailer. One of our leading associates was the surprise star of the tender- a young gal we shall refer to as ‘Kitty’ to save any blushes.
Her prowess with Powerpoint was a given but it was in the after tender celebratory drinks that she came into her own. Purely by chance we bumped into the MD and some of his boys of the new client we had just bagged in one of the west end bars that we were trawling. Lets just say Kitty led the charge when it came to buying the drinks and the hilarity that inevitably ensued did so much more to cement relations with our new clients. Not many partnerships I know can say they all have the same tattoo! I am proud to say Kitty is now my partner. Lawyers have to have a diverse skill set to be successful and to be partners! You see what I am saying is we are all clever clever people within the Law and with a little graft and imagination we can all aspire to the very top notwithstanding any social engineering by the SRA. Bin the survey and do 5 units instead. Then you can join me and the guys ( and girls) around the partnership table. C’mon!
SRA E&D regulatory regime
For the best part of 20 years the profession has had a professional regulatory requirement to reduce discrimination based on race, gender, religion etc. Despite this, the Law Society has substantial empirical and anecdotal evidence that the careers of its members are adversely affected by their having one or more 'protected characteristic’. The more of these characteristics you have, the greater the adverse effect a solicitor can expect to experience during their career. This means that a female, black solicitor with a disability has a significantly different career experience when compared to the career experience of an able bodied, white male solicitor. This cannot be right. Solicitors have a sharp sense of justice and fairness as well as a desire to be held in high regard by the public.
The SRA have changed their overall approach to regulation. As chair of the Law Society’s Equality and Diversity Committee I am keen that the Law Society does all it can to help the SRA to establish an effective regulatory regime in this field which works well for all our members. If members want to comment on how the regulatory regime is working for them please contact me on sue@suenelson.co.uk
Great Sue, glad to hear it
Great Sue, glad to hear it and nice to see somebody at the Law Society doing something useful with our money.
The real question is in what way is sending an SS(RA) einsatzgruppen / Intervention Squad / Diversity police to do dawn raids on 100 firms going to help Ms A B, the disabled black female associate of whom you speak who can not make partnership?
Mein Herr sehr gut
Mein Herr
sehr gut
Dom I would think your firm
Dom I would think your firm is top of the list
Sue. What is the "empirical"
Sue.
What is the "empirical" evidence? That the "female, black solicitor with a disability" (your words, not mine) has responded to a questionnaire by saying that being female, black and disabled has held her career back? When, actually, she might just not be very good at her job?
More worrying is your reference to "anecdotal" evidence. What's that? The views of some bloke down the pub?
The most sensible post in this thread is Steve's at 18.31. I suggest you read it and learn from it.
Oh, and I note Steve has what
Oh, and I note Steve has what you call a "protected characteristic", but I bet he wouldn't.
Isn't a "black female
Isn't a "black female disabled" lawyer bound to have different life experiences to an able-bodied white male lawyer in all kinds of areas, professionally and otherwise?
I am sorry Sue, but this is nonsense. Why are you wasting our time and money like this? Haven't you got anything more useful to do?
But why impose heavy handed
But why impose heavy handed social engineering on a profession already heaving with the weight of regulation as it is?
"The regime" as you call it is going to become a laughing stock because of process driven overkill if the SRA implements the idea highlighted above.
It is all a question of priorities and the Law Society, at a time of double dip recession, still doesn't get it in terms of what these priorities should be
Because they get well paid
Because they get well paid for it-and the politically correct and ambitious for position go along with it. Don't they Sue?
Head in a Rat's cage anyone?
You are all committing thought crime. YOU NEED TO REMOVE THE VOCABULARY OF SUBVERSION FROM YOUR LEXICON. If not expect to be dissolved.
This is far too deep for me
This is far too deep for me and its getting late I am off to the wine bar to enjoy some expensive wine
Booze Helps You All
Sensible advise. Im off to clamp a bottle of Roija to my face. There is nothing else to be said really.
There are a number of
There are a number of questions here - I'll try to answer them.
a) The SRA has started a thematic pilot to monitor compliance with Principle 9 (which relates to E&D). They will assess the pilot early next year. The Law Society will want to know what experience people have had of the pilot so we can formulate a sensible response.
b) re 'how will this 'swooping' approach help those who experience discrimination within the profession?' Visits, swooping or otherwise, may enable the SRA to see whether there is compliance with Principle 9. For example, I am told that running one's eye down the salary profile of some firms would reveal evidence of pay inequalities based on gender.
c) re 'it's all social engineering' - yep, it is. Both SRA and TLS are committed to engineering a fairer profession where solicitors are not discriminated against on the basis of holding one or more protected characteristic(s).
So the Law Society agree with
So the Law Society agree with Gestapo like visits to enforce social engineering. Not a very proud boast for a supposedly professional body to make with such disdain. That a member of a Law Society committee should make such a claim is disgraceful.
Social engineering is not consistent with or in any way related to fairness. Social engineering is the promotion of a certain social class at the expense of others to produce the result desired by those promoting the engineering. What is the desired outcome in this case? We have neither been asked nor told.
What is the definition of equlity? Are we all to be solicitors, no matter how competent, because we would all then be equal presumably?
If what is sought, which I hope is the case, is that all who are competent are entitled to become solicitors with equal opportunity to do so, this will not achieve it. Is the visit to investigate the "equality and diversity" of the area of the practice? If so how? What are the parameters?
This smacks of political posturing again, with the Law Society supinely going along with it. This being the Law Society which raised no word at all in support of ethnic minority solicitors who felt they were discriminated against by the SRA. Are the SRA to swoop on themselves? Rank hypocrisy.
(a) What on earth is a
(a) What on earth is a "thematic pilot"?
(b) "I am told that". Is this the anecdotal evidence you referred to in your earlier post? In other words, you actually have no evidence at all of what you say. John Doe being paid more than Jane Doe (or vice versa) isn't evidence of discrimination. If it is, I'm a 49 year old white bloke who knows various women in my firm who are paid more than me. Do you want to do anything to help me? No, thought not.
(c) Your starting point is that, if someone with a "protected characteristic" earns less than, or isn't in as good a position as, someone else without one, discrimination must be at play. That is an extremely dangerous view.
As I said earlier, read and learn from Steve's post.
Help I think I just lost my
Help I think I just lost my thematic pilot
I thought I was just a solicitor not a star trek jockey
Social Engineering
Sue Nelson, Chair of Equality and Diversity Committee (the what??) in answer to the statement made by one contributor that this ridiculous charade is social engineering. "Yep, it is."
Well it tells you all you need to know about our professional body. Not only are they complicit in the actions of the Gestapo SRA, they actively encourage it. The LS don't look after us, do not have our interests at heart and are subject to the same left-wing political dogma as the idiots at the SRA.
I wrote yesterday that this story was proof positive that the lunatics have taken over the asylum. It is even worse than I imagined.
I was astonished by the
I was astonished by the exchange of comments on this blog
I had feared that matters were in a parlous state in terms of the profession's governing body, but until Sue Nelsons comments appeared I had not fully appreciated how bad things were.
The profession in one sense can be grateful to her, because they now have the evidence to support the notion that the Law Society, and the SRA, are now part of the problem, in terms of the standing of the profession.
Not only are these bodies out of touch, they have, by their misguided policies, seriously damaged the morale of solicitors and diminished the respect that the public once had for the profession
This blog is written more in sorrow than in anger as Shakespeare would say, but I was struck the other month by a comment made by a journalist in one of the Sunday newspapers, when he said that once upon a time the solicitor in the community was considered to be a person of integrity and standing but no more, highlighting as an example of this decline the corruption of the traditional professional ethic by the payment of referral fees.
I suspect that there is a silent but angry group of solicitors simmering with resentment regarding the status quo and this resentment will manifest itself fashion in a dramatic sooner or later
New Representation
It sure will placid. Moves are already afoot to convene all solicitors together in the next few months to protest about the SRA / LS. Watch your inbox.
Great May I suggest as an
Great
May I suggest as an interim measure that you set up a facebook page or something similar so that the discontented can begin to register their interest so that matters were coordinated from the outset
Best wishes to the new grouping
If you need a rep from Hertfordshire north or south count me in
Ever hopeful
The Real Sue Nelson
I'm afraid you have been the subject of a hoax. The blog posted yesterday 18.36 and earlier was not written by me. Serious though this debate may be, you have been hoodwinked by an admittedly quite witty imposter. We do not subscribe to such ridiculous concepts as thematic pilots or the like. Were we to inspect a firm for evidence of discrimination we would apply a more rigourous and scientific method than simply comparing salaries. We are of course not going to reveal our methodology in advance thus tipping of non compliant practices. I am a little embarrassed that those earlier blogs were taken seriously as a statement of our intent. The tone and language used were clearly an attempt at irony. Neither I nor the SRA would use this compromised medium as a forum for a debate of such magnitude. Regards the real Sue Nelson.
Embarrassment
Sue (if that is you) - the only embarrassment you should feel (and I hope this is what really did embarrass you but have my doubts) is not that readers of this site have been hoodwinked but rather that the Law Society and SRA are held in such low regard it all appeared perfectly genuine.
How about responding to the substance of our complaints and the disgust we are collectively expressing rather than trying to explain what you are not doing?
Brilliant! No-one knows which
Brilliant!
No-one knows which is the real one because the content of each is so fatuous that both could be real-or neither.
A great talent here-wasted on law. This should be pointed out to the MSM-they'd lap up the fact that no-one could tell the difference between them.
Sue real or imaginary?
Either way "not me guv".
So the SRA and/or the LS would not lower themselves to comment
through this medium how very high and noble of them.
As they do not seem capable of making sensible decision between
them in their real employment it is hardly suprising that they are
afraid to put their heads over the parapets and face their critics.
Diversity
My three members of staff are respectively an Indian unmarried mother, a Jewish grandmother and a Protestant Englishman. When I informed them that I was inviting them to take part in a survey, the most cogent (printable) response was "Diversity - isn't that a dance troupe?"
I recently offered a typist's job to a white lady (English mother, not butterfly). A few days later, I received a circular letter from the Law Society introducing me to the delights of their diversity policy. when I telephoned them, I was pleased to receive assurance that the diversity policy did not require me to dismiss the lady I had just hired and replace her with a disabled lesbian from an ethnic minority.
I personally do not care whether my staff share their beds with men, women or flocks of sheep as long as they do their job properly, since an employee's sexual orientation and practices have never, so far as I am aware, had any bearing on work performance.
The cost of it all
as someone from outside the profession, who is helping to run my wife's startup firm, I'm astonished at the actions of the SRA / Law society. The SRA seem to regulate on all the minutiae but miss the elephant in the room and I still can't work out quite what the LS do? Aren't they supposed to be the voice of the profession standing up agains the regulator when required? Thats what happens in my profession anyway. However they just see to be another voice of the SRA. I'm also gratified to note that the new fee structure this year includes a 10% rise in the SRA budget and a 50% rise in the compensation fund, which means our firms fees have risen by over 100% in the last 2 years. Of course that is money that I now can't use to employ someone with, diverse or not. I'm glad to see there's no recession in the world of beaurocratic regulators.
Anyway count me in on the revolution brothers. I'm all for rising up and puting the SRA back in their place. I've been telling anyone in the profession that will listen to do this for the last 2 years! Trust me, coming into your profession from the outside - THIS IS NOT NORMAL - nobody else puts up with stuff like this!
"a 10% rise in the SRA budget
"a 10% rise in the SRA budget and a 50% rise in the compensation fund"
Which is of course to cover ABSs etc. Which as you know, we all wanted and voted for so are more than delighted to pay for.
In fact, you know what, I might just pay them a couple of hundred quid extra, as a gesture of goodwill. Maybe we could have a whip-round, or set up a Just Giving page?
Alex for President!
Alex for President!
Is the original story true or
Is the original story true or not then? How will we know if SRA investigators are genuine or not?
Dead simple-the SRA people
Dead simple-the SRA people are arrogant humourless prats, who will treat you as a criminal.