Ethnic minority solicitors are disproportionately represented in regulatory decisions made by the Law Society when compared to the make-up of the profession as a whole, recent research has revealed.



However, an initial race impact assessment drawn up by an external consultant said the finding does not necessarily mean that discrimination exists.



The report followed a review that found that, in 2004, while Asian solicitors made up 4.4% of the profession, they were the subject of nearly 9% of regulatory decisions. These included interventions, practising certificate conditions, and referrals to the Solicitors Disciplinary Tribunal. Black solicitors accounted for 1.3% of the profession, but 4.3% of regulatory decisions.



By contrast, 69% of matters concerned white solicitors, who make up 78% of the profession.



The consultant could not identify one reason that explained the disparity, but uncovered several potential contributing factors. Some were internal, such as whether the criteria used for assessing intelligence received about solicitors disadvantage ethnic minority solicitors in some way, and the Law Society's organisational culture.



External factors possibly at play included the fact that ethnic minority solicitors are more likely than average to be sole practitioners, with the extra pressures they face complying with regulatory requirements, and fields of work, such as immigration, where many firms are run by ethnic minority solicitors and where political pressure may lead to a harsher regulatory spotlight.



Groups such as the Black Solicitors Network and Society of Asian Lawyers (SAL) said they had been unaware of the problem, but welcomed the efforts to address it. SAL joint vice-chairman Sundeep Bhatia said that while he detected a general distrust in the profession of the Society as a regulator, his personal experience is that 'the Law Society is doing its best to adapt to a multi-cultural society and multi-cultural legal marketplace'.



In addition to staff training and the establishment of a diversity and equality working forum in regulation, several research projects are under way. 'There is a great need for further research and we are going to do it,' said Regulation Board chairman Peter Williamson. 'The impact assessment is the starting point - not the end of the story.'



Regulation chief executive Antony Townsend added that the promotion of equality and diversity is paramount to the board.



Neil Rose