England: Legal services regulators and tribunals commit to creating more inclusive profession
The Legal Services Board, eight legal services regulators and two disciplinary tribunals have all reaffirmed their commitment to taking action to ensure lawyers’ workplaces are more inclusive.
The signatories to the new principles – Tackling counter-inclusive misconduct through disciplinary processes – acknowledge that while there have been some improvements in diversity and inclusion, much more work is needed. It is still harder to progress to senior levels as a lawyer if you are, for example, a woman, from a minority ethnic background, a disabled person, LGBTQ+, or are from a lower socio-economic background.
In recognition of the independence of the disciplinary panels and tribunals, there are separate but complementary commitments for those bodies. They have undertaken to ensure that training, procedures and policies remain in place to enable them to impose sanctions that make clear the seriousness of sexual misconduct, racial or other discrimination or bullying. This will act as a deterrent and encourage the reporting of misconduct.
For their part, the regulators have embraced principles that will help create safe workplaces and enable lawyers to thrive, regardless of their background. This includes a commitment to tackling conduct that goes against an inclusive culture. The regulators will take every opportunity to ensure that the seriousness of these kinds of exclusionary behaviour is reflected in a consistent way in their standards and codes and approaches to disciplinary action.
Matthew Hill, chief executive of the Legal Services Board, said: “[This] 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. Developing more inclusive workplaces will not only help deliver more professional services, but it will ensure people can contribute different ideas and fresh thinking that will lead to innovation across the sector.”
Mark Neale, the director general of the Bar Standards Board, said: “The BSB has long been committed to promoting equality and diversity and we welcome this new statement. We strongly support the principle that legal regulators and the legal profession must continue to work together to meet our regulatory objective of encouraging a truly diverse legal profession.”
Alison Kellett, president of the Solicitors Disciplinary Tribunal, said: “Whilst every case is considered on its facts, it is important that the profession and public are assured that the Tribunal will impose sanctions that reflect the seriousness of the misconduct found proved in cases involving sexual misconduct, racial or other discrimination or bullying. This will act as a deterrent and ensure that the Tribunal continues to protect those who have experienced unacceptable conduct and the wider public from harm which will further maintain public confidence in the reputation of the legal profession.”