Stretching convention

The issue of how to create a more diverse and inclusive profession for ethnic minorities and women has sparked calls for more flexible working practices, reports Jacky Lewis

There is a new Zeitgeist in the law, an increasing energy towards achieving equality and welcoming diversity, and the hope that sexism and racism can be erased for good.

Firms are now asking: how possible is it realistically to end gender disparity and ethnic inequality at grassroots level?

National law firm Eversheds is introducing a firm-wide 'flexible working' scheme, the first of its kind to be announced by a practice of its size.

The firm recently announced plans to look at 'cultural diversity' (see [2002] Gazette, 12 September, 8).

Caroline Wilson, human resources director at Eversheds, says the legal profession must start to look at individuals on an individual basis; not everyone can work 'bog-standard' hours.

People have different needs and Eversheds would like to meet those needs creatively.

'Many newly qualified lawyers would like to take a year off to go round the world after having worked so incredibly hard to qualify...we don't want to lose them; mature lawyers, similarly, may like to take time out.

People may have a sick relative and need temporarily or permanently to reduce their hours; new parents need to take time out...

If people can demonstrate that working in a flexible manner will benefit both the client and themselves then everybody gains.

'We constantly ask ourselves "are we putting the client first?", we believe in this way we are'.

Eversheds says it has moved a long way from the 'billable hours' mindset in favour of trusting that people will get on with the relationship with the client.

But for others, especially women, the legal profession is not always such a happy place.

Karen Aldred, chairwoman of the Association of Women Solicitors, (AWS) has reports that things are not going 'brilliantly'.

The AWS has received complaints from women who are bullied, harassed or who want to leave the profession.

The association also reports a steady stream of complaints from women solicitors for whom a pregnancy, or request for shorter hours, results in a 'restructuring' in their firm, with the loss of their job or a side-step for them.

There are other anecdotal horror stories, such as the case of a woman who returned from maternity leave to find a male locum sitting at her desk earning 10,000 more than she did.

When she asked for parity it was refused.

Ms Aldred maintains that gender-discrimination is still taking place in 'opaque ways'.

Jobs for men and women are not defined in the same way.

Women are still 'lagging behind in the profession...it loses a lot of women' (see [2002] Gazette, 12 September, 1).

The legal workplace culture is still dominated by men.

The AWS says most corporate entertainment is 'male-orientated...

football, rugby...

women often can't do this with families; but these are the things that lead to promotion'.

Even the new generation of men, educated to be equal not dominant, still do not take equal responsibility in the home.

It is often perceived by the male partners at law firms that once women have families, they will not give priority to legal practice.

Discrimination against ethnic minorities is another problem area.

Margaret Bailey, who is young and black, represents trainee solicitors on the Law Society Council.

She says most problems of ethnic marginalising begin right at the start.

'The law is a traditional profession.

To allow all students to have equal access it needs to address the issue of the cost of entering the legal profession,' says Ms Bailey.

As discrimination and inequality are most prominent at entry level, she maintains that more pressure should be put on legal practice course (LPC) and common professional examination (CPE) providers to produce a breakdown of costs.

'We need to be sure that the quality of teaching justifies the expense.'

Although the Society has produced a code of practice relating to the recruitment of trainees, Ms Bailey says some firms still rush to recruit the best students from the best universities, well before their final university year.

These students are promised the most lucrative training contracts and have their fees paid for their LPC and CPE.

For other students, especially those from ethnic minority backgrounds, the only alternative is to rely on loans from high-street banks.

The Society's code of practice is not compulsory, and Ms Bailey suggests it would help if it were.

As to equality, research shows that it is more difficult to obtain work experience and work placements if students are from an ethnic minority, are poorer, are women, or have a disability.

It is widely assumed that the majority of larger City firms tend to choose their trainees from among those who have done work experience with them or taken part in one of their schemes.

Ms Bailey suggests ways to address this imbalance.

Firstly, the Society should monitor more closely how firms recruit their trainees.

Secondly, the results of data into discrimination should be published, available and grouped into categories.

Thirdly, she says the Society needs to look into the possibility of obtaining tax concessions for students who take out loans to self-finance.

Ali Zaidi, chairman of the Society of Asian Lawyers, says lawyers from ethnic minorities have always faced the same problems - getting training contracts, getting employed and getting promotion.

'It is certainly better than ten years ago.

There is a will to improve things.

The society is a voluntary organisation.

In promoting diversity and equality, there is clearly more consultation in the things that affect Asian lawyers, but we have limited opportunity to make representations.

Groups like ours need resources.

If the Law Society is serious about promoting equality and diversity, we need equal resources as well'.

Muslim lawyers have had similar problems.

Ifath Nawaz, chairwoman of the Association of Muslim Lawyers (AML), says: 'It is obvious that there is discrimination in the law and that minorities are suffering across the board.

Our members write to us constantly asking for help, especially when they are looking for training contracts.

We can help write CVs but we can't get contracts for people.'

Instead the AML takes a proactive stance, encouraging members to improve their academic results and providing a student careers officer to help them.

It also presents student careers days, giving advice to Muslims about how to progress in the law and suggesting other avenues such as academia, teaching, and journalism.

A draft diversity framework document produced by the Society has been sent for comment to minority groups; the AML has commented on the draft and is monitoring results.

Ms Nawaz says: 'We await to be consulted further'.

And she stresses the support that ethnic minorities have received from the Law Society bureaucracy.

She says that Chancery Lane's chief executive, Janet Paraskeva, is 'very dedicated and clearly means to turn things around.

We place a lot of faith in her and what she will achieve.

She really seems to listen and we will wait to see if she delivers'.

Maybe it all comes down to the value the legal profession places on difference and whether it can celebrate the richness of diversity.

Things don't look too good when minority groups still need to fight in their corner.

In multi-cultural Britain we make assumptions about true equality that, in reality, still appear some way off.

Jacky Lewis is a freelance journalist