Race report reveals 'limited' progress for black barristers

Black barristers are less likely to get immediate tenancy and continue to earn significantly less than their white colleagues regardless of their experience and practice area, according to latest diversity research from the bar.

The Bar Council wanted to see how much progress has been made since its landmark ‘Race at the Bar’ report in 2021 showed that barristers from ethnic minority backgrounds, and especially black and Asian women, faced systemic obstacles to building a sustainable and rewarding career.

The latest findings paint a particularly bleak picture, particularly for black barristers. The Bar Council's report says progress for black barristers in the last three years has been 'limited'.

Black barristers are less likely than white barristers to get immediate tenancy, the most likely to go onto a probationary tenancy (typically six months) and the most likely to initially become a ‘squatter’ (a ‘third six’ pupil remaining in the same chambers but without the prospect of tenancy).

While the number of Asian silks has risen by nearly a third, to 102, there remain only eight black women KCs among a total of 26 black silks.

In all areas of practice, and at all stages of their career, black and Asian barristers are earning less than white barristers. Among the self-employed, a white barrister’s median earnings are 32% higher than those of an Asian barrister and 54% higher than those of a black barrister.

An income gap of £16,000 - £18,000 is seen at the start of a self-employed barrister’s career – a gap that grows, peaking at 11-15 years’ PQE before shrinking among senior juniors. Black self-employed silks are typically earning £200,000 less than white silks and colleagues from mixed ethnicity backgrounds.

The data shows a disparity in earnings across all practice areas. Family law has the smallest gap and commercial law has the biggest gap. 

The report does not contain data on education. The Bar Council told the Gazette the data is not robust enough, due to low reporting rates.

The report suggests chambers are trying to do better. For instance, many sets have signed up to specialist initiatives such as Bridging the Bar, the Sutton Trust’s Pathways to Law and the Bar Council’s placement scheme. The report notes an increased focus on analysing and comparing earnings within chambers as part of good practice management. Several chambers have coaching programmes specifically targeted towards supporting barristers wishing to apply for silk. A wide range of events have been taking place across the bar to celebrate diversity or address racial inequality.

Recommendations include acknowleding that racial inequality exists, not denying people's experiences of racism, and promoting and supporting networks for black and other minority ethnic barristers.