Legal regulators and disciplinary tribunals have pledged their commitment to ensuring a more inclusive profession by pledging to come down harder on misconduct affecting minority groups.

Regulators for solicitors, barristers, legal executives, costs lawyers and licensed conveyancers are among those to have reaffirmed their aim that the profession reflects the society it serves. The tribunals for solicitors and barristers are also signatories to similar pledges.

The organisations say they want to tackle what they call the ‘counter-inclusive misconduct’ of legal professionals, which narrows or denies opportunities to people because of their background or characteristics.

A joint statement published by the Legal Services Board acknowledges that improvements in diversity and inclusion have been made but says that it remains more difficult to progress as a lawyer if you are a woman, from an ethnic minority, a disabled person, LGBTQ+ or from a lower socio-economic background.

‘This needs to change much further and faster than it has in the past,’ the statement continues. ‘We know the reasons for this are complex and differ from group to group and within groups but do not accept that complexity should be used as a reason not to act.’

The regulators say they have the ability to influence how lawyers behave and to shape shared professional values. This will include clamping down on misconduct or harassment in the workplace and on any bullying or exclusion of those from minorities. They want to use their powers to tackle misconduct to bring ‘meaningful change to the experiences of all those in and served by the legal services sector’.

The Solicitors Regulation Authority is already consulting on new rules to spell out explicitly what is expected from firms and individuals in terms of workplace culture. In guidance published in February, the body also outlined that failure to provide a safe environment for staff and ‘do everything they reasonably can’ to protect them from bullying, harassment, discrimination and victimisation could be a regulatory matter.

The tribunals, meanwhile, have signed up to their own set of principles, ensuring that management, training, procedures and policies are in place to enable them to impose sanctions that ‘mark the seriousness’ of sexual misconduct, bullying or discrimination and encourage the reporting of such misconduct.

Matthew Hill, chief executive of the LSB, 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.’

Responding to the regulators' and tribunals' pledge, Law Society president I. Stephanie Boyce said: 'We have long stated the importance of equality, diversity and inclusion in the profession and legal services.

“We all have a role to play in building a more diverse and inclusive profession. We know there are still obstacles faced by different groups in getting in and getting on as our own research shows. There are no broad-brush solutions to these challenges, but we are working to understand the different experiences of members of our profession and how we can play our part in removing the barriers that do still exist.'

 

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