Ethnicity is a 'consistent, predictive factor' in decisions about whether to investigate solicitors, but no evidence of direct racial bias in disciplinary actions has been found, independent academic researchers have reported.
Research by York, Lancaster and Cardiff universities was commissioned by the Solicitors Regulation Authority to look at possible factors behind a ‘longstanding and troubling pattern of overrepresentation’ of solicitors from minority ethnic groups in the regulator’s enforcement processes. It concluded that the issue is complex, 'with no single or simple solution'.
According to the report published yesterday, black solicitors were found to be most overrepresented in reports received and taken forward for investigation, followed by Asian solicitors. Gender was also ‘an important factor’: male solicitors were more likely than female to be the subject of a report to the SRA.
The report said: ‘Whilst we have observed there are statistically significant differences in a number of factors which may interact with ethnicity, we cannot say whether ethnicity is the driving force or not. It is clear however, that ethnicity is a consistent, predictive factor affecting the likelihood of reports about potential misconduct being received and being taken forward for investigation.’
Reports made to the SRA about Asian solicitors are 54% more likely to be taken forward for investigation than reports about white solicitors, the review found; reports about black solicitors are 43% more likely.
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Male solicitors are 12% more likely to be reported to the SRA than female solicitors and 24% more likely to be taken forward for investigation at the assessment stage.
The report also noted that employment in a legal aid firm increases by 7% the likelihood of being reported to the SRA. ‘This pattern may affect overrepresentation because more black, Asian and minority ethnic solicitors work in legal aid firms than would be expected,’ the researchers note.
Paul Philip, SRA chief executive, said: ‘This research confirms that the overrepresentation of black, Asian and minority ethnic solicitors in our enforcement processes is a multifaceted issue, influenced by a range of factors. We are committed to taking meaningful action to address this issue and to work collaboratively with others, across the sector and beyond, to ensure fairness for all solicitors.
‘We are reassured that the researchers did not find any evidence of direct bias within our processes, but recognise there are actions we can take to review our approach further.’
Law Society president Richard Atkinson said: ‘The Law Society provides support for small firms and sole practitioners through our dedicated Practice Advice Service, Small Firms Network hub and other resources available on our website. We will continue to work with the SRA and other stakeholders to ensure fairness for all solicitors.’
