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According to the the overall diversity picture across the sector remains fairly static. The overall proportion of Black, Asian and minority ethnic lawyers working in law firms is 17% (with no real change since 2019). Although women make up 52% of lawyers in law firms and 61% of solicitors overall (up slightly from 51% in 2019), the differences are more pronounced when looking along the seniority pipeline with just 35% of partners female. Gender disparity can also be seen in work type with women being underrepresented in corporate and criminal work and being overrepresented in private client and mixed work. Just 5% of lawyers are disabled (compared to 14% of the general workforce). Perhaps most notable is the fact that 23% of lawyers in law firms attended a fee-paying school (compared to 7.5% nationally) and 58% came from a ‘professional’ socio-economic background (compared to 37% nationally). This is even more significant when you consider work type with 71% of lawyers in firms engaged in corporate work coming from a ‘professional’ socio-economic background. According to a recent report from the , at the intersections of identity, the disparities and gaps are likely to be even more pronounced.#

New report investigates what's driving more and more lawyers to become legal consultants

Addressing the lack of diversity across the legal sector

This data clearly demonstrates that there is still significant work needed to address the lack of representative diversity across the legal sector. Equally, the necessity and arguments for improving female representation across work area and in senior positions are well rehearsed. Not only does poor female representation impact on business productivity but the loss of women from the progression pipeline can mean that firms risk losing vital talent and experience. 

and the both provide some important guidance on how to address embedded gender inequalities across the legal sector. In particular the Pledge currently includes expectations that pledgee law firms will ensure senior accountability for gender diversity, set specific gender targets, develop action plans to achieve gender equality, ensure specific aspects of pay, reward and recognition of senior leadership are linked to delivery of gender targets and actions. Together with increased statutory obligations around gender pay gap reporting and flexible working, one would assume an improving diversity vista. However, sadly the data demonstrates a disappointing trajectory of progression in terms of female representation at the higher levels, continued gender segregation in less lucrative areas of legal practice and sustained disparity in pay. The question therefore is what more can be done to address the continuing gender inequalities across the legal sector.

What steps can be made to improve diversity?

At a specific level, there are a number of practical steps that law firms can take to improve gender parity. Most notably, improving flexibility and work life balance is an inclusive measure which will benefit all but which is likely to particularly improve retention and progression of women within the sector. The pandemic has provided the opportunity to test flexible ways of working which have redefined cultural perceptions around the importance of presenteeism and long hours not just for lawyers but also for clients. Female leaders across the sector such as have called for a change of reward and remuneration approach focused on outputs rather than inputs and for the reassessment and abolition of billable hours as a fundamental obstacle to culture change in this area. Similarly, emerging new working structures implemented by legal platform business models could provide the flexibility for many women put off by the obstacles to progression and retention posed by traditional working patterns and expectations. It may be that more law firms will be forced to reassess the importance of work life flexibility in order to avoid losing female talent to these new models of working.

Work-life balance could drive a third of all lawyers to become legal consultants by 2026

Beyond inclusive measures such as increasing flexibility across the sector, it may also be necessary to consider more robust targeted positive action to address gender disparities. However, to have any real impact such targeted measures must be evidenced based, innovatively developed to address the particular problem faced and part of an overall package of actions. Working smarter to address . Too often law firms engage in a flurry of tokenistic activity in a well-meaning attempt to address diversity discrepancies and are then surprised and demotivated when initiatives have little impact. Instead, taking a more evidenced based approach towards disparities would be advisable. Law firms must consider their own context, issues and data and then develop proportionate initiatives which are regularly reviewed and assessed for efficacy. Similarly, it is vital to consider how such initiatives work together as a holistic package. For example, there is no point in engaging measures to increase representation of female partners if the work environment at partnership level results in those women not being retained.

"Too often law firms engage in a flurry of tokenistic activity in a well-meaning attempt to address diversity discrepancies and are then surprised and demotivated when initiatives have little impact."

Finally, it is key that law firms start to understand the impact of intersectional disadvantage and underrepresentation. The disadvantages faced by those on the intersections of gender, race and socio-economic background are the most embedded. To truly understand where these disparities lie in order to build sustainable initiatives to address them, we need to better collect and analyse data at both a sector and individual level.

Read our report - Rise of the legal consultants - for more info on how flexible working could promote gender parity