In depth: Legal policy forum highlights new diversity and inclusion initiatives

Shortly after taking office last month, US president Donald Trump signed executive orders to end what the White House called ‘illegal DEI’ within the federal government. Since then, a growing number of US corporates have decided to roll back diversity, equality and inclusion (DEI) initiatives. They include professional services firms Accenture and Deloitte.

Could UK plc follow suit? This seems unlikely, certainly in the legal sector.

I asked telecoms giant BT if it will continue awarding a panel spot to the law firm with the best track record of driving DEI.

‘Our next panel for 2027-2030 will continue to offer an automatic place for the legal firm that evidences the best inclusion, equity and diversity practices, and for the firm that achieves the most efficiencies through the use of AI and other technologies within their organisation,’ a BT Group spokesperson confirmed.

A Westminster Legal Policy Forum conference this week confirmed that DEI remains a priority for the legal profession. ‘Diversity and inclusion is part of our DNA,’ Government Legal Department director general Mel Nebhrajani told the conference.

GLD employs 3,700 people, including 2,500 lawyers. ‘We represent the government. We’re a big organisation. We do big and important work. We have big buying power and influence in the wider profession,’ Nebhrajani added. Panel firms are asked to demonstrate what they are doing on DEI.

Lord Justice Warby, vice-chair of the Judicial Appointments Commission, told the conference that the commission selects judges ‘solely on merit’ but has a duty to encourage diversity within the candidate pool. The commission has a specific power that allows it to use diversity as a tiebreaker. ‘Where two people are assessed of equal merit, the JAC can prefer one over the other for the purposes of increasing diversity as a whole or sub-group. We do use it and use it quite often,’ Warby said.

The ‘equal merits’ approach is currently applied to women and ethnic minority candidates. The commission is considering widening the power to include other under-represented groups, such as candidates with disabilities.

Sharing best practice for implementing inclusion strategies, Eversheds Sutherland partner Naeema Choudry told the conference that the firm introduced targets in 2019 to improve the ethnic diversity of its UK team. New targets were set last year. The firm believes reporting on its progress is crucial to delivering its objectives and building trust with its clients, people and communities.

'A lot of people from more affluent backgrounds have access to a network. Solicitor apprenticeships allow people from lower socio-economic backgrounds to create and build that network'

Nawal Bin-Sheikh, Simmons & Simmons

DEI also remains front of mind for regulators.

Legal Services Board chief executive Craig Westwood told the conference that the oversight regulator will be consulting this year on new expectations of regulators to promote equality and diversity.

Aileen Armstrong, the Solicitors Regulation Authority’s executive director of strategy, innovation and external affairs, said priorities in the SRA’s corporate strategy include access to the profession, using its powers to drive inclusive behaviour in the workplace, and encouraging firms and employers to take long-term evidence-based action to promote diversity.

The Bar Standards Board wants to impose a positive duty on barristers to advance DEI, a proposal that has attracted fierce criticism. ‘That’s a debate that has a little further to run but a debate that the BSB are hugely keen to engage in. [We] want to pick up an invitation from the new Bar Council chair for dialogue,’ said BSB director general Mark Neale.

One new barrier to diversity identified at the conference is apprenticeship reform announced by prime minister Sir Keir Starmer last September. According to the BIG Apprenticeship Survey 2024, 36% of apprentices believe they would not be working in their current industry without access to an apprenticeship, rising to 40% for those who received free school meals.

The apprenticeship levy is to be replaced by a growth and skills levy. However, the levy will no longer fund level 7 apprenticeships – the only apprenticeship route to qualify as a solicitor.

‘Solicitor apprenticeships are a fantastic opportunity,’ Nawal Bin-Sheikh, a solicitor-apprentice at Simmons & Simmons told the conference. ‘A lot of people from more affluent backgrounds have access to a network. Solicitor apprenticeships allow people from lower socio-economic backgrounds to create and build that network.’

Being a solicitor apprentice has allowed Bin-Sheikh to support her family. ‘Solicitor apprenticeships completely changed my life. I hope it continues to change people’s lives.’

The Law Society has called on the government to continue funding level 7 solicitor apprenticeships in England and is campaigning to bring level 7 legal services apprenticeships to Wales.

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