A recent report by the Legal Services Board (LSB) reveals a troubling decline in the representation of women as they progress from qualifying as lawyers to becoming judges.
The report highlights that while the proportion of women in law fluctuates, it ultimately decreases as they advance in their judicial careers. This is a significant issue considering the current focus on promoting diversity and inclusion within the legal sector.
Research indicates that despite a higher representation of women at the solicitor level, they remain consistently under-represented as barristers at all stages of their careers. Women are less likely than men to apply for judicial positions early in their careers, yet those who do apply are more likely to be shortlisted and recommended for judicial roles.
Furthermore, the number of ethnic minority lawyers also diminishes as they gain post-qualification experience, though they are more likely to apply for judicial appointments compared to their white counterparts. However, they still face challenges in being shortlisted and recommended for these roles.
The research, commissioned by the LSB and conducted by consultancy SQW, sheds light on these disparities, drawing attention to the fact that more than half of senior positions, including silks and senior partners, are occupied by white men. Meanwhile, white women account for 29%, and ethnic minority women 6%, of these roles.
In an effort to address these issues, the report suggests providing more support to women and ethnic minorities to encourage them to pursue judicial appointments. It also recommends focusing on younger lawyers where there is more diversity, to help increase applications for judicial roles.
The findings indicate that younger solicitors and barristers are more likely to be shortlisted for judicial positions compared to older candidates. However, most applicants and subsequent recommendations are still from older, more experienced lawyers. The research identifies a hopeful trend where applicants identifying as disabled or part of the LGBTQ+ community, as well as those without a religious faith, are more frequently shortlisted and recommended.
A noted disparity exists where candidates from private schools are more likely to be shortlisted and succeed in their applications compared to those who are the first in their families to attend university. The report calls for increased efforts to support a broader range of candidates, including those from diverse educational backgrounds.
The report underscores the need for systemic changes to address the complex barriers hindering diversity within the judiciary. Improving diversity requires strategic support for under-represented groups, encouraging a broader spectrum of applicants for judicial positions.
