Recent research has challenged the perception that client bias significantly contributes to the higher reporting rates of Black, Asian and minority ethnic (BAME) solicitors to the Solicitors Regulation Authority (SRA).
The study, conducted by a consortium of academics from the universities of York, Cardiff, and Lancaster, revealed a complex web of factors influencing the overrepresentation of BAME solicitors in reports to the SRA. It found that while ethnicity plays a role, it intertwines with other aspects such as gender, age, firm size, and the type of work undertaken, which collectively increase the likelihood of reports being made against BAME solicitors.
The investigation into this issue utilised a comprehensive analysis of 10 million data points from the SRA, spanning 2018 to 2022. The findings indicated a disparity between the expected and actual report rates: 22% more reports about BAME solicitors were made than anticipated based on their representation in the profession, while reports concerning white solicitors were 7% fewer than expected.
At the assessment stage, the disparity increased, with 23% more reports about BAME solicitors advancing to investigation, compared to a 12% deficiency for white solicitors. Specifically, Asian and Black solicitors received 27% and 32% more reports, respectively, than their demographic proportion would predict.
The research is part of a broader effort by the SRA to understand this phenomenon, marking the second phase of a project following a literature review published in June 2023. The initial review suggested socio-cognitive biases in complainants and pointed to the overrepresentation of BAME solicitors in particular practice areas that naturally attract more complaints.
Contrastingly, a survey conducted with 4,200 consumers found no evidence of racial bias influencing the decision to report solicitors. Responses were similar across different ethnicities and genders when hypothetical scenarios involved solicitors making errors.
Significantly, the study highlighted the impact of structural issues within the legal profession. BAME solicitors are often employed in smaller firms or those offering legal aid, environments generally more susceptible to complaints. The concentration of BAME solicitors in these sectors was pinpointed as a critical organisational factor in their overreporting.
Additionally, the research outlined that reports from within the legal profession itself—mainly from other solicitors—also demonstrated racial disparities. Reports on BAME solicitors were significantly more likely to advance to investigation than those concerning their white counterparts. Still, the researchers maintained that the SRA’s procedures were rigorous and not influenced by bias, underscoring the complexity and multifaceted nature of the issue.
The report recommended several actionable steps, including enhancing support frameworks for BAME solicitors and improving data collection and analysis methods to tackle systemic challenges. Furthermore, it urged larger firms to explore ways to address the underrepresentation of BAME solicitors within their ranks.
The SRA has acknowledged these findings and expressed commitment to implementing changes. Paul Philip, SRA’s Chief Executive, confirmed their intention to collaborate with various stakeholders across the sector to ensure equitable treatment for all solicitors.
The exploration into the reporting of BAME solicitors underscores the intricate interplay of multiple factors beyond client bias. While the absence of direct bias in SRA procedures is reassuring, the research emphasises the need for structural changes within the profession to address ongoing disparities.
