ETHNIC MINORITY LAWYERS ARE INCREASING IN NUMBER BUT THEY STILL EXPERIENCE CAREER BARRIERS, MATT BARNARD REPORTSThe Stephen Lawrence public inquiry has brought home the degree to which racist attitudes are still entrenched within British culture.

The police service has been forced to overhaul its approach to race issues, and a recommendation in the report of the public enquiry is that the Commission for Racial Equality should be given powers to investigate police behaviour.

Given that the legal profession, along with the judiciary, is another vital cog in the machinery of justice, it is logical that it too should take stock of its own position.

The problems facing trainee solicitors from ethnic minorities are familiar to Jenny Lindsay, a solicitor with Liverpool firm Rowley Ashworth, who won a racial discrimination action at an industrial tribunal against Leicestershire firm Ironsides Ray (now Ironsides) in 1994, because the firm did not award her a training contract.

The industrial tribunal concluded that Ironsides Ray had acted in a racially discriminatory way.

And although the Office for the Supervision of Solicitors (OSS) found that Ironsides Ray had brought the profession into disrepute, it chose not to take any action against the firm.Ms Lindsay says: 'I'm not going to go away until I get some recognition from the profession that it is serious about equal opportunities'.

She took the case to the Legal Ombudsman, who refused to take any action, so she has gone back to the OSS and asked it to reopen the case.

The OSS says it is considering Ms Lindsay's request to reopen the matter in accordance with its procedures.In the meantime, Ms Lindsay has little option but to sit and wait, although as a member of the Law Society's equal opportunities committee she has the opportunity to help develop its policy.

She comments: 'There is a real lack of will in the profession to treat minority lawyers fairly, and on the part of those investigating, to make a difference to equal opportunities.

One of the reasons I want to keep pushing the case is that I want recognition for what I have gone through and what a number of African-Caribbean and Asian lawyers go through on a daily basis'.It is easy to imagine what effect Ms Lindsay's experience is having on others who are thinking of bringing cases forward.

Jerry Garvey, the Law Society's equal opportunities officer comments: 'We have always found it difficult to bring cases against law firms, because lawyers are reluctant to be perceived as trouble-makers, even if they've got a strong case.

'There needs to be stronger enforcement, which has got to be by the regulatory body which is the Law Society.

Firms are not going to take you seriously if there is not a big enough bat to beat you with.

I think the OSS has to take a very strong line.'It is clear that the legal profession has a serious problem to deal with, and it may have indicated a willingness to tackle the issue through the election of Kamlesh Bahl as deputy vice-president in July last year.

Ms Bahl is well known as the former head of the Equal Opportunities Commission and an extremely respected campaigner on equal rights.

She points out that the legal profession has an advantage that an organisation like the police force does not.

She says: 'You start by recognising that law is clearly a popular choice for ethnic minorities, so we are not in the position of others who are not able to attract ethnic minority recruits into the profession'.According to Law Society figures, roughly 16% of the new admissions to the Roll in 1997-1998 was from ethnic minority groups, a figure which has been rising - somewhat erratically - over the last five years.

It is higher than the percentage of ethnic minorities in society as a whole, which is approximately 6 per cent according to the last census.

Of solicitors working in private practice, approximately 5.5% are from ethnic minorities.

However, lawyers from ethnic minorities are much more likely to be employed by small firms or to be sole practitioners, and they are less likely to be partners than their white colleagues.Ms Bahl is aware of the facts and is determined to change the profession.

She says: 'It's a colossal waste of the individual's time and society's investment in a person if they get trained up and someone else's prejudice is stopping them fulfilling their potential.

We need to build into the mainstream of the Law Society the needs of all sorts of groups within the profession, whether they are in-house lawyers, women or ethnic minorities, and get away from having one view of the profession'.On March 20, Ms Bahl is chairing the 1999 Minority Lawyers Conference, an opportunity she hopes to use to showcase the achievements of lawyers from ethnic minorities.

Unfortunately, many of the delegates who will be attending are feeling insecure about their future, because as sole practitioners or members of small legal aid practices, the legal aid reforms are affecting them disproportionately.

Mr Garvey comments: 'There is a feeling of frustration and despair amongst many ethnic minority lawyers.

They've struggled to get into the profession and now their livelihood is threatened because if they are not franchised they are going to go to the wall'.

Partly as a result of those concerns, the deadline for getting franchised status has been put back by the Legal Aid Board until 31 March.

The conference will concentrate on ways of dealing with the proposed changes, and Lord Irvine will attend.

The Law Society has organised two previous meetings on the franchise issue, but the outlook is still causing considerable concern.The situation for lawyers from ethnic minorities has improved but many are facing considerable uncertainty about their future, as well as prejudice and discrimination.

The legal profession often talks about its ability to provide leadership to society, and equal opportunities is one area where it has a special responsibility and indeed much opportunity.ONE WAY FOR BLACK SOLICITORS TO GET AHEAD IS THROUGH NETWORKING.

ALISON CLARKE LOOKS AT THE VARIOUS SUPPORT GROUPSPeter Herbert is a black lawyer who was called to the Bar in 1982.

He says: 'In the early 1980s, it was impossible to get into mainstream chambers.

I would be asked for an interview, but when I got there, people's faces would drop when they realised that I was a black person with a white name.

Colleagues with black names wouldn't even get an interview'.He joined the Society of Black Lawyers (SBL) in 1983 because 'it provided a good support network.

I could go and talk to people who understood what I was going through'.

He is now the chairman of the 500-strong group set up in 1973 to combat racism in the legal profession which, he says 'is still a serious problem'.Makbool Javaid, an associate solicitor with Dibb Lupton Alsop and an ex-chairman of the SBL, agrees that there are still problems in the profession, but points to the progress made in the ten years since he was admitted.

'The figures are startling,' he says.

'The numbers of ethnic minority solicitors registered with the Law Society is now far in excess of their proportion in the population as a whole.'Progress indeed.

But Marcia Williams, the secretary to the Law Society's equal opportunities committee, points out that the changes are recent.

'There is no critical mass of minority lawyers in the ten to 19-plus post-qualification experience bracket,' she says.

'They are, on the whole, relatively young and relatively newly qualified.

Where are their role models going to come from?'Enter the African, Caribbean and Asian Lawyers (ACA) group, set up in 1991 to help ethnic minority students enter the profession.

The 800-strong organisation runs a mentoring scheme whereby black students are 'matched up' with a lawyer in their chosen specialism for help, advice and work experience.Carron-Ann Russell, the senior part ner at Brixton, south London, law firm Russell Henry & Co is one such role model.

As a member of the ACA, she visits schools and other educational institutions to talk about becoming a lawyer, and also takes in mainly black students for work placements at her firm.The ACA also runs a training contract referral scheme for its student members.

Jerry Garvey, the Law Society's equal opportunities officer who helps to run the group, explains that it refers good candidates interested in commercial work to a number of City firms.

The ACA also arranges open days with law firms to give students an idea of what life might be like in the City, where some of the doors appear to remain firmly closed to black trainees.Although Mr Javaid has breached the citadel, he remains critical of the recruitment policies of other big firms.

'They operate on the basis of connections,' he says.

'Only people from a certain background - usually Oxbridge - end up with training contracts with those firms.'Kishoraa Kotecha-Pau, a committee member of the Society of Asian Lawyers (SAL) founded in 1990, agrees.

She says: 'Although [firms] are supposed to be more open now, there are ways of doing what they always did, but just doing it more subtly.

Members of our group still complain that they have huge problems and that even once they get in, they are not treated the same as white colleagues'.

The SAL has organised meetings with City firms to discuss their recruitment policies and reports that as a result, some have made a conscious effort to make changes.Tom Rose, head of media relations at Clifford Chance, says: 'We believe strongly in equal opportunities for all employees and job applicants.

We deplore any form of racial discrimination and harassment.

We recognise fully our legal obligations under the Race Relations Act and that there is also a Law Society target for a minimum number of recruits from ethnic minorities.

That number is at least 10%, and we have always exceeded it.

We are also one of the firms involved in a law bursary programme whereby we sponsor a student from an ethnic minority.There are, in any event, exceptions to every rule.

For example, take Margaret Casely-Hayford, a lawyer at City firm Denton Hall for the last 11 years.

She became a partner last year, although she says some people still assume she is a secretary'.

She is also a founder member of the Ghana Lawyers Association, set up five years ago to provide a support system and to encourage commercial networking opportunities for its 200-odd members.Community involvement is a theme common to all the groups.

Ms Williams says: 'There is something in the experience of black lawyers which makes them want to go back and help'.

The newly-formed Association of Muslim Lawyers (AML) is no exception.

Launched in March 1997, it aims to promote the needs and interests of the Muslim community in Britain.Sofia Syed, an executive member of the association, explains: 'Although there is a great overlap between other groups and ourselves, it is a big mistake to throw us all into the same melting pot'.

For instance, she points out that muslims, unlike the black and Asian community, are not protected under any current British legislation.

The group has been lobbying the government to amend the Race Relations Act 1976 to include religious discrimination.

Failing this, it is hoping for some protection under the European Convention on Human Rights, once it becomes incorporated into domestic law.In common with other groups, the AML works closely with the ACA.

A good example is the close collaborat ion in the planning of a forthcoming Minority Lawyers Conference in March, involving most, if not all, of the minority support groups.

The point of the conference, according to Ms Williams, is to help minority lawyers deal with mainstream issues.

It is not about being an ethnic minority lawyer.

She emphasises that it is time to move the whole equality debate forward from the experience of individuals.Mr Javaid agrees, but takes the argument one step farther.

He thinks that all the groups need to be more sophisticated than they are.

'Access is no longer the issue,' he says.

'We need to look at promotion and progression .

.

.

The groups have done a good job, but we now need to draw in a wider audience.

We have to fight for everyone and recognise the need to change the profession's attitude in relation to a whole host of groups and individuals.

Ethnic minorities are just one group, but they do not necessarily suffer more than anyone else.

Equality has to be across the board'.CASE STUDIES BY ROBERT VERKAIKCASE STUDY 1: STEPHEN FRIDAYStephen Friday, 33, is chairman of the African Caribbean and Asian Lawyers Group and a partner in London law firm Percy Short & Cuthbert.

He studied law at Leicester Polytechnic, now De Montfort University, and sat the Law Society Finals at the College of Law in Lancaster Gate.

He now sits on the law faculty board of De Montfort University and is a member of the Law Society's Legal Practice Course Board.When Mr Friday left law school he can remember things were easier for students: 'There was a demand for trainees at that stage, not the other way around like it is today'.

He says it's almost impossible to know whether he was discriminated against when he was making applications.

'It would have been clear from my CV I was black because of membership of a number of African-Caribbean organisations, but there was no discrimination that I could put my finger on'.Mr Friday trained at the general commercial law firm of London-based Beckman & Beckman where he stayed for six years in the private and commercial property market.

He left the firm to join a smaller north London practice in Holloway, Percy Short & Cuthbert, where he is one of two partners.

'I was looking for a smaller practice where I would have more control,' he says.

'But I am still in regular contact with my old firm.' In the last four years the ACA has developed a system for helping ethnic minority lawyers joining City firms.

At a meeting between the ACA and 30 City law firms, the message emerged that the City was not getting enough suitable applications from students from ethnic minorities.

'We decided to set up a system whereby [the ACA] channelled the right kind of applications to the right firms taking account of their selection criteria,' he says.

Since this initiative, more lawyers from ethnic minorities have joined City law firms.

The ACA also has a directory of its members looking for training contracts in medium and small law firms.'If people want to join the profession they should not be put off,' he says.

'There is a number of support groups providing practical assistance for those who want to come through.'CASE STUDY 2: NAHEED AKHTERNaheed Akhter, 27, is a trainee at Bristol law firm Metcalfes.

After graduating from the University of Hertfordshire, Ms Akhter worked at the Abbey National and at her father's clothes business to save up for the legal practice course.

She finally won a place at the University of Wales in Cardiff.

After passing the LPC she applied to a number of different practices, at first targeting Asian firms.

She was offered a training contract at a sole practitioner's firm in the east end of London specialising in crime and immigration, but she decided to turn it down because it would not have been a structured training programme.

After a four-week work experience stint in a small Cardiff firm as a paralegal, she moved to Bristol and was offered paralegal work with a view to a contract.

'I have not come across any racial discrimination,' she says.

'I decided to market the fact that I was an Asian woman, drawing on my ability to speak Punjabi.

It's not always a bad thing to be of a different race.'Metcalfes is a commercial litigation practice of eight partners.

Ms Akhter is currently working in the commercial property department where she looks after a number of Asian clients who, she says, trust her because of her race.

She is the only Asian employed by the firm.It seems her decision to concentrate on a more structured training contract has paid off as a number of her friends ended up working in small inner city practices which have since become bankrupt.CASE STUDY 3: OLA COLEOla Cole is head of legal affairs at Tradepoint, the alternative trading centre to the London Stock Exchange, and a director of the African, Caribbean and Asian Lawyers Group.

She went to London's South Bank University and then Guildford College of Law.

After passing the Law Society Finals, she applied to a number of commercial law firms.

She says: 'I researched each firm thoroughly and made around 30 applications'.

Her first interview was for a training contract at Norton Rose where she accepted articles.

On discrimination in the profession she says: 'If you allow things to become an issue then they will become an issue.

I like to be clear about what I want to set out to achieve.

If there are other things on your agenda then they can pose a distraction'.

However, Ms Cole accepts that how she is perceived by others is not something that she will be able entirely to control herself.After qualifying at Norton Rose, where she mostly worked in the corporate finance and intellectual property departments, she left for a series of positions in media businesses in the City, advising on contracts relating to TV and film.

At the end of last year she joined Tradepoint, the electronic trading exchange which gives traders complete anonymity in the market place.

'Private practice is a very good discipline for skills required for a solicitor,' she says.

'But if you are commercially minded with a good sense of business acumen then the in-house role could be the one for you.'Ms Cole says Tradepoint is at an exciting stage of its development and is something she wants to be part of in the future.

She concludes: 'Without a doubt, there are obstacles in this profession, but those very same obstacles can be seen as a challenge and with that challenge come opportunities and ultimately change.

As with negotiations, you should never allow others to impose their limitations on what you set out to achieve'.90:Matt Barnard and Alison Clarke are freelance journalists.