The Legal Services Board (LSB) has highlighted the urgent necessity for “disruptive action” to foster a fair and inclusive legal profession. This call comes amid an independent review by the Bar Council, evidencing significant issues of bullying and harassment within the sector.
Craig Westwood, Chief Executive of the LSB, stated that the progress in enhancing diversity has been insufficient, particularly regarding advancement at senior levels. This is a longstanding issue that requires a more aggressive approach to achieve meaningful change. The LSB, as an oversight regulator, holds the responsibility to set standards and expectations, ensuring that regulatory mechanisms are effectively addressing systemic problems within the legal profession.
While there has been some progress, Westwood emphasised that more targeted interventions might be necessary to achieve a truly diverse and inclusive legal sector, inclusive of the Bar. The review by the Bar Council, chaired by Baroness Harman KC, was welcomed by Westwood as it underscores the severity of bullying, harassment, and misconduct issues present at the Bar. This is supported by research from regulatory bodies and the legal charity, LawCare, indicating that such problems are widespread across the entire profession, not limited to barristers alone.
Diversity is intricately linked with bullying and harassment, as data suggests that women and minority lawyers are disproportionately affected. The LSB’s objective remains to support the development of an independent, strong, and diverse legal profession, yet challenges persist, notably in bridging the progression gap at higher levels.
The profession’s culture and practices contribute significantly to mental health and wellbeing challenges within the sector. Those regulated by the Legal Services Act are expected to uphold professional conduct and ethics to maintain public trust and confidence. Regulators are charged with swiftly identifying and rectifying conduct that might jeopardise public interest.
Looking forward, the LSB plans to consult on professional ethics proposals and review guidance for regulators to promote a fair and inclusive profession. This revised policy will leverage a variety of regulatory tools, with consultations anticipated by spring 2025.
In conclusion, the legal sector faces significant challenges in achieving genuine diversity and inclusion. Urgent and possibly disruptive measures are needed to rectify these systemic issues, as current efforts have been insufficient.
