Promoting change

Janet Paraskeva looks at how successful the Law Society has been in implementing its equality and diversity policy since it was conceived more than a year ago

It is now more than a year since the council agreed the equality and diversity strategy for the Law Society.

Since then, we have been working steadily and determinedly to achieve the goals set for the Society.

So, what has been achieved and what are our plans for the future?

The strategy has several strands.

Part of it focuses on high-level policy, at council and board level, reviewing corporate governance and considering how, for example, the council and boards can become more representative of the diversity in the profession.

Another strand of the strategy looks at the Society's own approach to its duties and obligations as an employer, focusing particularly on recruitment and staff training on diversity issues.

The third and perhaps most significant strand of the strategy - certainly the area in which there is most work to do - is in re-assessing our approach to regulation in terms of equality and diversity, not least because this function is subject to the provisions of the Race Relations Amendment Act 2000.

Taking the question of regulation first, the Society is determined that in its role as regulator, its policies and procedures should be fair, consistent and non-discriminatory.

This is the area which most directly impacts on both solicitors and clients and it is inevitable that it is also the area about which most concerns are expressed.

For example, we know that some black and minority ethnic solicitors have concerns about their dealings with the Office for the Supervision of Solicitors (OSS) and we are taking steps to address such issues.

One of the key moves we have made is to begin to monitor some key decision-making processes in the OSS in a systematic way.

This includes looking at how decisions are made in the handling of investigations, disciplinary action and complaints.

The patterns thrown up by this monitoring will, we hope, help us understand the impact of the OSS's approach on the different groups in the profession, so that we can identify any unjustifiable disparities and trends over time.

Where necessary, we will take remedial action.

To help us further in identifying the impact of our regulatory activities - and to help us determine whether, for example, black and minority ethnic solicitors or women solicitors are treated unfairly or differently compared to their white or male counterparts - we will also commission research to look at the impact of regulation on the diverse groups within the profession.

This monitoring and research will help us to identify likely problems.

Where problems are identified, it is important then to take action to remedy them, and to start this process we have introduced training for those involved in regulatory work.

All OSS adjudicators and caseworkers have been trained in equality and diversity issues and there will be an ongoing programme for them.

Other activities will include reviews of the criteria and processes we use to make decisions and, of course, we will ensure that any specific complaints of discrimination against the OSS are investigated and action taken where appropriate.

And we will also look at the impact of all this on clients.

It is a priority to ensure that client interests are protected and that the services provided by solicitors are of a high quality.

This includes a review of the anti-discrimination rule to ensure that clients are treated fairly.

We have looked not only at the scope of the rule, but also at how we can improve its enforcement.

This certainly is not just about applying sanctions to those firms that do not comply.

It will also be about providing constructive guidance and support on how to comply with the rule.

Among a range of other initiatives in regulation, we are seeking to improve access to the profession for excluded groups, for example, through the diversity access scheme, which has three elements: a scholarship scheme for legal practice course students, mentoring support and work placements for undergraduates.

We are also working with providers of legal education to remove any unjustified obstacles to student performance, and we are about to undertake a review of the requirements for membership of the accreditation panels.

The programme of work on equality and diversity affects the whole organisation and includes governance.

We have provided an equality and diversity training programme for council members, and we are reviewing the council members' code of conduct.

Within the Society itself, we have conducted a review of human resources' policies and procedures, updating them where necessary, and we have begun a programme of development for managers, which is ongoing.

What is described here is just a snapshot of the work undertaken.

There is no doubt that fulfilling the Society's commitments in this area is a demanding task, but it is one to which it is firmly committed.

To help us keep on track we are pleased to have Herman Ouseley - Lord Ouseley, former chairman of the Commission for Racial Equality - working with us to provide external evaluation of our equality and diversity work.

We have made a start.

But this is an ongoing programme and there is much more to do.

It is crucial that the Society, the profession, and groups within the profession, work in partnership to achieve change.

Only by working together can we ensure that a fair and equitable working environment is achieved, both for solicitors and their clients.

Janet Paraskeva is the Law Society's chief executive