Despite recognition of the importance of equity, diversity and inclusion (EDI), significant barriers deeply rooted in the structure, culture, and practices in the legal profession continue to impede progress in this area. Understanding these barriers is vital for developing strategies to promote an inclusive and fair environment where people are happier and feel like they belong.
What are the Barriers?
1. Historical, Systemic and Institutional Barriers
A significant factor impeding EDI in the legal profession is the long-standing history of exclusion and privilege favouring certain groups. An example is the cost of legal education. The financial burden typically excludes people from lower socioeconomic backgrounds. This exclusion disproportionately affects racial minorities and other marginalized groups, limiting their access to the profession.
The recruitment practices of law firms and institutions usually perpetuate existing inequalities by relying on established networks and criteria that prioritize traditional markers of success, such as attending prestigious law schools, which are less accessible to underrepresented groups. Consequently, the pool of candidates considered for top-tier legal positions stays homogeneous, hindering diversity within the profession.
2. Unconscious Bias and Discrimination
Unconscious bias and discrimination are pervasive in the legal profession, affecting everything from hiring decisions to work distribution and promotions. Efforts to address these issues are ineffective, and people continue to harbour biases that influence their judgments and actions, resulting in the under representation of women, racial minorities, LGBTQ+ individuals, and people with disabilities in our profession, especially in leadership roles.
3. Cultural Norms, Resistance to Change and Fear of Speaking Out
Our profession is characterized by a rigid, hierarchical structure favouring conformity and traditional notions of professionalism. This stifles diversity by discouraging individuals from expressing their unique perspectives and experiences.
Additionally, the competitive nature of the profession creates an environment where people feel pressured to conform rather than advocate for change. This pressure is particularly intense for those from underrepresented groups, who fear that speaking out about discrimination or advocating for diversity will cause them to be labeled as a troublemaker, and negatively affect their careers. As a result, they avoid difficult conversations about EDI, and the status quo remains.
4. Lack of Representation in Leadership
Leadership within the legal profession often lacks diversity, which can negatively affect EDI efforts. When leadership is homogeneous, decision-making reflects the experiences and perspectives of that limited group, often resulting in policies and practices that do not effectively address the needs of underrepresented groups. The absence of diverse voices at the decision-making level also means that EDI issues may not be prioritized.
The lack of role models and mentors from diverse backgrounds can also hinder the career progression of minority lawyers. Without representation in leadership, it is difficult to create an environment where diverse individuals feel they belong and believe they can reach the highest levels of the profession.
5. Inadequate EDI initiatives
Even where firms and organizations have implemented EDI initiatives, these are often superficial and do not address the root causes of inequality. For example, diversity training may be conducted, but without ongoing commitment and support, it does not change the underlying culture. Similarly, hiring diverse candidates without creating an inclusive environment supporting their success leads to high turnover, perpetuating the cycle of under representation and continued attrition from the profession.
What Needs to Change?
Achieving EDI in our profession requires sustained and concerted effort to address these multifaceted barriers. It requires commitment to dismantling historic and systemic inequality, confronting unconscious biases, increasing representation, transforming firm culture, and implementing and being accountable for EDI initiatives. Only by addressing these challenges can our profession become truly inclusive and one where everyone feels like they belong. However, the first step is to have the courage to speak up about our experiences with discrimination. It starts with us.