Regulators should tackle a culture of long working hours which is hindering equality, diversity and inclusion in the legal profession, according to research commissioned by the Legal Services Board.

The oversight regulator commissioned The Social Change Agency to map ‘systemic barriers’ to equality, diversity and inclusion.

‘What emerged powerfully from the mapping exercise is that there are a number of factors that underpin the failure of EDI initiatives to make a significant impact and shift the systemic inequalities that are entrenched across the professions,’ a report accompanying the map says.

Those factors include a long-hours culture.

‘This poses a specific challenge for the legal profession given the financial pressures that both organisations and professionals are under. However, without finding some way to mitigate this, disabled people and those with caring responsibilities or long-term health conditions will always remain at a disadvantage. By making the culture and practice more equitable it will improve working conditions for everybody, whilst also removing exclusion for marginalised groups,’ the report says.

‘We suggest that engaging with this issue is a long-term project, and involves organisations and individuals from across the whole system. The most important step regulators can take on this point may be simply to raise awareness that this is, fundamentally, though not solely, an EDI issue.’

Mentorship is another factor.

While mentoring can support people to navigate an ‘inhospitable’ system more effectively, it can also ‘represent a mechanism by which marginalised people assimilate to the wider culture and therefore perpetuate it’, the report says.

‘Mentorships are also generally limited in number and so are inherently not very inclusive. Therefore, we would recommend further promoting, expanding and developing the offer of schemes such as professional networks, EDI forums and formal and well organised sponsorship schemes that actively attempt to increase the visibility and incorporation of perspectives of those that are currently underrepresented.’

The LSB has also published a study by SQW, funded by the Ministry of Justice, profiling the diversity of the judicial talent pipeline.

Among the findings are that women are more likely to be shortlisted and recommended after application, but less likely than men to apply to the bench earlier in their career.

LSB chair Alan Kershaw said: ‘Regulation alone can’t offer a silver bullet, and others across the system have a role to play. However, it is time to consider whether regulation can play a more active part in driving change to create a fair, healthy, diverse and inclusive profession.’

 

This article is now closed for comment.