The Black History Month Takeover Edition

By Jacqui Rhule-Dagher

Hello everyone! My name is Jacqui Rhule-Dagher and I am delighted to be guest editing this edition of Si’s Matters for Black History Month. As well as being a litigation lawyer at Hogan Lovells, I am a writer with bylines in City A.M., Thomson Reuters and The Lawyer, and an LGBTQIA advocate. 

As a Black lawyer, I have seen first-hand how far the legal industry has come with diversity, equity and inclusion (DEI). But I can also clearly see just how much further there still is to go. I know there is a genuine desire to make our profession more welcoming for Black lawyers, but how can we transform that well-intentioned desire into real, meaningful change?

This special Black History Month newsletter will attempt to answer that question. We will explore everything from the importance of Black History Month and the case for DEI, to the challenges faced by Black lawyers today, the impact of George Floyd’s murder on the legal industry and suggestions about what law firms can do to be more inclusive. 

I should say at the outset that the views expressed by me, and the individuals quoted below, are our personal views and not the views of our respective law firms. 

What is Black History Month?

Black History Month is about recognising and amplifying the achievements, contributions and resilience of Black people throughout history. Since October 1987, we’ve been celebrating the annual event here in the UK. The Netherlands and Ireland also mark Black History Month every October, while over in the US and Canada it is observed in February.

Black History Month is the perfect time to reflect on the Black lawyers, activists and leaders who have played a pivotal role in shaping our legal landscape. These individuals have advocated for justice and equality, shattered glass ceilings and left an indelible mark on our industry. Notable figures include Dame Linda Dobbs, a retired High Court Judge, and I. Stephanie Boyce, the first person of colour to hold the position of President of The Law Society of England and Wales.

“Black History Month is a momentous occasion to recognise and celebrate the invaluable contributions of Black people and others to British society. It's a reminder that Black history is not just a part of the past – it's an integral and ongoing part of our nation's story. We are soldiers and seafarers who fought in the many wars. Answered the call to work in the hospitals and on transport and railway networks to rebuild this land. We’re students, professionals, politicians, business people, and athletes. Our contribution to this union has undoubtedly shaped British culture and the society we are today.” I. Stephanie Boyce, former President of The Law Society of England and Wales

The case for Diversity, Equity and Inclusion 

Over recent years, a concerted effort has been made to improve DEI in the legal industry. While this is laudable, there still needs to be a greater emphasis on the “E” aspect of DEI. 

Management consulting company McKinsey & Company defines equity as “fair treatment for all people, so that the norms, practices and policies in place ensure identity is not predictive of opportunities or workplace outcomes”. 

A diverse workforce brings a wealth of perspectives, experiences and skills, which enable lawyers to best serve their clients. Significantly, a diverse workforce allows us to provide innovative solutions in an increasingly competitive and complex legal landscape. 

In a speech in the House of Commons in March 2014, Lord Neuberger commented that a diverse pool of candidates for judicial appointments ensures the highest quality of judges. 

“Diversity is sometimes said to be the enemy of merit. I do not agree: provided that diversity is properly invoked, it is not merely consistent with merit: it reinforces merit… The more inclusiveness we have, the bigger the pool of potential judges, and the bigger that pool the higher the quality of judges.” Neuberger LJ, Rainbow Lecture 2014 on Diversity, House of Commons, 12 March 2014

The same rings true for solicitors. 

Attracting diverse talent is crucial, but it is only the starting point. Law firms must create inclusive and equitable environments to meaningfully support the advancement and progression of Black lawyers. 

As recognised by the Solicitors Regulation Authority (SRA), we have a duty over and above that of many other sectors with regard to diversity, because the legal sector is responsible for the fair administration of justice, and should therefore reflect the population it serves. 

Moreover, firms with diverse leadership are able to better react to market changes, benefit from creative problem-solving and achieve greater levels of client satisfaction. The truth is that it makes financial and commercial sense for firms to come up with targeted initiatives to diversify their leadership. 

“I think it’s incumbent on law firms and all employers to present themselves as institutions where Black talent will be welcome and can thrive. Talented Black lawyers have many options nowadays, so law firms need to make sure that they are places where those Black lawyers will not only join as juniors but want to stay on, potentially leading these firms one day.” Anton Chambers, Partner, BCLP 

Challenges faced by Black lawyers

It is helpful to be aware of potential obstacles in order to create a more welcoming workplace.

Recruitment and retention

A number of law firms have focussed their attention and resources on increasing the number of Black lawyers at their organisations. While recruitment is a key part of widening the access pool of Black lawyers, it is not enough to focus on recruitment alone. Indeed, it does not make sense to spend thousands of pounds hiring and training individuals only to lose them after a few years because their working environment is not conducive to them progressing. 

Inclusivity

“Diversity is being invited to the party, inclusion is being asked to dance.” Vernā Myers  

In 2022, Julian Richard, Director of Extense, published The 1% Study. The research found that only 1% of partners at major law firms in the UK (firms with 10+ partners) are Black. Black people constitute 3.3% of the population of England and Wales, while Asian people make up 7.5%. Notwithstanding this, there are nearly five times more Asian partners than Black partners. Meanwhile, 90% of the 13,403 partners identify as white. 

David Lammy, the foreign secretary of the United Kingdom, wrote the foreword to The 1% Study. He stated that:

“The fact that only 1% of partners at major law firms in the UK are Black highlights the importance and urgency with which barriers to progression, including those specific to race and ethnicity, need to be addressed by the legal profession.” 

The groundbreaking study spanned 21 months and was endorsed by The Law Society and the Black Solicitors Network and sponsored by major law firms. As part of the project, Extense interviewed 65 Black partners at major law firms. Various barriers to inclusion and progression were highlighted, including feeling “outsider” status, not having access to the same networks as their white peers and receiving less high-quality work and harsher scrutiny than them, as well as pressure to assimilate. These findings underline how important it is that law firms do not conflate diversity with inclusivity.

“A challenge for law firms is developing Black talent to senior roles, as high attrition of Black colleagues can often undo the successes of early diverse recruitment efforts. To help address this, law firms can provide better understanding and insights into the ‘rules of the game’ for how the processes of promotions / partnership elections actually take place. Such decisions / processes have traditionally been shrouded in secrecy, such that those with the best chances of preparing for and navigating these processes are often those select few ‘in the know’ (which for various reasons has typically not favoured Black talent).” James Hunter, Managing Associate, Linklaters 

Nikki Ogun, a senior associate at Hogan Lovells, echoed these sentiments. She advocates for law firms utilising bespoke training programmes to assist with nurturing Black talent. 

“I think firms across the legal industry should invest in implementing training programmes which are targeted at building the confidence, resilience and skills of their cohorts of Black lawyers. In particular, there should be a focus on personal and professional development programmes that provide guidance for Black lawyers on how to thrive in environments where they are in the minority.” Nikki Ogun, Senior Associate, Hogan Lovells

Microaggressions 

Regrettably, Black lawyers also experience higher instances of microaggressions and unconscious bias.

Microaggressions can be described as insensitive statements, questions or assumptions which target many aspects of who we are. They could, for example, be related to someone’s class, gender, mental health, parental status, race, sexuality or any other aspect of our identity. Unsurprisingly, their impact can be anything but “micro”.

Typically, microaggressions are aimed at traditionally marginalised identity groups. An example of a microaggression against a Black person could be the loaded question: “But where are you really from?” 

Unconscious bias 

Imperial College describes unconscious bias (or implicit bias) as the associations we hold outside our conscious awareness and control. Unconscious bias affects everyone.

Unconscious bias is triggered by our brain automatically making snap judgments and assessments. They are influenced by our background, cultural context, personal experiences and societal stereotypes. It is important to appreciate that unconscious bias is not just about gender, ethnicity or other visibly diverse characteristics. Body size, height, names and other things can also trigger unconscious bias.

Affinity bias is a type of unconscious bias. It is the tendency to favour people who share similar interests, backgrounds and experiences with us. Due to affinity bias, we tend to feel more comfortable around people like us. We also tend to unconsciously reject those who act or look different to us.

In a professional context, it is easy to see how unconscious bias can affect our hiring practices, who we advocate for and champion, and how we interact with our colleagues.

“Far too often we face an underlying assumption that we are less competent than our peers. This assumption leads to higher scrutiny and lower expectations, and when deployed (whether consciously or unconsciously) marginalises us, slows our progress and can ultimately grind us down. Firms must do more to identify and prevent this harm to truly level the playing field and live up to the values of fairness and justice that inspired many of us to join the profession in the first place.” Rashida Abdulai, Senior Associate, DLA Piper  

Thankfully, a number of law firms now have regular training sessions on microaggressions and unconscious bias. Notwithstanding this, a more deliberate, considered programme of training sessions spanning the breadth of characteristics would be more impactful. These sessions could coincide with significant firm events including appraisals, onboarding and promotion interviews. 

Intersectionality 

“There is no such thing as a single-issue struggle because we do not live single-issue lives.” Audre Lorde 

These words, spoken by the trailblazing activist and poet, perfectly encapsulate what intersectionality means. 

The term intersectionality was coined by the American activist and lawyer Kimberlé Crenshaw in 1989. Crenshaw was looking into legal cases where women were required to choose between bringing a claim under the heading of “racism” or “sexism”, but could not argue that they had been discriminated against due to the combined effects of racism and sexism. Intersectionality, therefore, describes how characteristics such as class, gender, race and other personal characteristics combine, intersect and overlap with one another. 

As a Black lesbian, I may, for example, experience lesbophobia differently to a white woman because of my race, and I may experience racism differently to a Black man by virtue of my gender. 

The importance of treating Black lawyers as individuals, and not as a monolith, was considered by Blaise Salle, an associate at Hogan Lovells.

“To nurture Black talent, law firms must focus on treating everyone as individuals, recognising the unique strengths and aspirations of each person. This means fostering an environment where opportunities for growth are tailored, not based on assumptions and generalisations, but on genuine understanding. Mentorship and sponsorship should empower all lawyers to thrive, with an emphasis on removing barriers and ensuring that everyone feels valued for who they are and what they bring.” Blaise Salle, Associate, Hogan Lovells 

The impact of George Floyd’s murder on the legal industry

On 25 May 2020, George Floyd, an unarmed Black man, was murdered by a Minneapolis police officer, as other officers stood by and watched. Following George Floyd’s death, protests occurred throughout the United States and across the world, demanding justice and change. 

Law firms were quick to respond to these protests. Here in the UK, for example, over 20 firms signed up to recruitment consultant Rare’s Race and Fairness Commitment, which requires signatories to collect and publish data on the proportion of Black, Asian and minority ethnic (BAME) lawyers they hire, as well as those lawyers’ progress in comparison to their white colleagues. 

The Black Lives Matter movement also played a vital role in galvanising people. To be absolutely clear, the Black Lives Matter movement should not be viewed as a statement that other races’ lives do not matter.  Rather, it is a rallying cry to remind people that Black lives are also worthy of support, dignity and respect. 

The murder of George Floyd also required people to have difficult but much-needed conversations. On the topic of hard conversations, I have heard people say that they’re best avoided in case someone says the wrong thing. My response to this has always been that you would not avoid going to the dentist because it might be painful. While I do not want to speak for other Black lawyers, personally, I would much rather be on the receiving end of a clumsily worded but well-meaning statement, than for someone to completely ignore a blatant and persistent issue.

“There has been an increase in dialogue with firms and a willingness to engage in discussions around race. Some law firms have made positive strides in terms of recruitment by using contextual recruitment, widening their university networks and working with organisations such as Rare Recruitment and Aspiring Solicitors. However, when you look at the bigger picture there are real challenges around the retention and progression of Black talent, particularly in large firms.“ Jerry Garvey, Diversity & Inclusion Advisor, The Law Society of England and Wales

The Law Society’s 2020 Race for Inclusion report found that ethnic minority lawyers reported lower levels of workplace wellbeing compared with their white counterparts. 

Concerningly, the report found that:

“Adverse discrimination was reported by 13% of Black, Asian and minority ethnic solicitors and 16% reported bullying.”

“A third of Black African and Caribbean solicitors say they have experienced some form of discrimination or bullying in the workplace – the highest figure reported by any ethnic group.”

Greater attention also needs to be paid to the structural inequalities which impede the progress of Black lawyers.

“Various law firms made pledges to support, safeguard and promote the interests of Black lawyers at the time. Four years on, the legal industry has made progress on its promises but has fallen short of the radical change contemplated by Black lawyers. Whilst Black lawyers remain hopeful, there is an open question around to what extent law firms will convert their promises to substantive change.” Karris Graham-Moore, Managing Associate, Linklaters 

A way forward 

Figures from the annual statistical reports published by The Law Society show that in 2020, 2% of solicitors in England and Wales were Black, and in 2023 that figure rose to 2.5%. We do not want this figure to remain stagnant. 

“There are a myriad of ways to ensure Black lawyers both arrive and thrive at their law firms; a stand-out approach is to provide robust support services to those who champion DEI initiatives through internal organisations such as affinity networks. Senior leadership buy-in, generous funding and clear recognition and communication of these individuals' efforts are all ways to ensure Black lawyers are able to contribute to the inclusivity of their firms, without shouldering the burden alone." Zareen Roy-Macauley, Trainee Solicitor, Clifford Chance

Some of the things law firms can do to ensure that they are genuinely inclusive include, but are not limited to: using CV blind and contextual recruitment, scrutinising work allocation, giving meaningful feedback during appraisals, providing mentorship and sponsorship opportunities and recording any themes that emerge during exit interviews.

CV blind and contextual recruitment 

CV blind recruitment is a helpful way of levelling the playing field for Black lawyers because it disregards name, age, gender, ethnicity and educational background. This, in turn, allows the person hiring the candidate to focus on their skills and qualifications.

Contextual recruitment has also been found to eradicate biases. It refers to recruiters/firms analysing the context in which a candidate’s experiences have been gained and looks to increase the number of people hired from disadvantaged backgrounds by putting their achievements and experiences into context. The case for contextual recruitment in law firms is that it broadens the pipeline of talented individuals without diminishing what it means to be a lawyer.

Third-party organisations

There is a reason why therapists do not usually diagnose their family and friends. All too often, they are too close to the person to be truly objective. By the same token, law firms should not shy away from using third-party organisations to identify any blind spots in their DEI initiatives. 

Work allocation 

Work allocation is vital to ensuring that Black lawyers are given the right opportunities to progress in their careers. If a person is stuck solely on document review for the first three years of their career, when another third-year associate is drafting transactional documents and writing pleadings, their skill trajectory is going to be very different. 

When I speak of work allocation, I am not suggesting thrusting a spreadsheet in front of an already-busy partner and asking them to assign associates matters. Rather, I am proposing that firms utilise work allocation managers and, where appropriate, enlist third-party vendors, who have created bespoke technology-driven solutions to assist with the implementation of work allocation.

Appraisals 

Receiving appropriate feedback is an issue impacting all lawyers, but I think it is particularly acute when it comes to Black lawyers. Appraisal forms tend to be open-ended, which may increase the likelihood of the appraiser providing vague and unsubstantiated feedback. What might be more helpful is for appraisal forms to be broken down by competencies that require ratings to be supported by at least three pieces of evidence. This should coincide with a one-hour training session that teaches everyone how to use the form, while providing examples of unconscious bias that should be avoided. 

Mentoring and sponsorship

“Acknowledge talent in every colour and then sponsor it diligently.” Maameyaa Kwafo-Akoto, Partner, A&O Shearman 

According to the Harvard Business Review, mentorship and sponsorship are powerful tools for personal success and building stronger workforces.

In a work setting, mentorship is a relationship between someone sharing knowledge and providing guidance (the mentor) and someone learning from that person’s experience and example (the mentee).

I have been very fortunate to reverse-mentor the managing partner of the Magic Circle law firm where I trained. I am now reverse-mentoring a senior partner at Hogan Lovells. I hope that these relationships have been mutually beneficial, and I would urge anyone reading this who is sitting on the fence about becoming a mentor to do so.

Sponsorship is viewed as phase two of mentorship. 

Once the mentor and mentee have worked together for some time, usually at least for a few months, the mentor can begin to meaningfully “bat” for their mentee. The Harvard Business Review considers that in this capacity, however, the mentor is now a sponsor and the mentee is a protégé. Here, the sponsor expands the person’s visibility within the organisation, models self-advancing behaviour and directly involves the protégé in experiences that will provide opportunities to advance their career. 

Exit interviews

Naturally, there are a plethora of reasons why an individual might leave an organisation. Yet, if all the Black employees who have left an organisation share similar sentiments about the firm’s culture, then this should be investigated and recorded. By establishing patterns or recurring themes, law firms can develop useful strategies to address blind spots and create a more genuinely inclusive environment. 

Conclusion

Although Black lawyers exist as themselves 365 days of the year, Black History Month provides law firms with an opportunity to reflect, recalibrate and reset. In recent years, a considerable amount of effort, empathy and energy has gone into clearly setting out the longstanding, persistent and systemic inequalities that blight the career progression of many Black lawyers. Too many commonalities have emerged to be ignored. It is incumbent on law firms to use this information wisely and to act accordingly. To quote the late and great poet and writer Maya Angelou: “Do the best you can until you know better. Then when you know better, do better.” Now that the legal industry knows better, it is time to do better.

In other news

Over one million law firm passwords found on dark web

As reported by Legal Cheek this week, new research conducted by IT security provider Atlas Cloud has uncovered more than a million passwords linked to the IT systems of UK law firms on the dark web. Lists of employee username and password combinations from nearly three-quarters (72.2%) of the 5,140 law firms audited by the researchers were found to have been circulated. 

A total of 1,001,313 passwords were discovered, averaging 195 password combinations per firm or 1.27 per individual staff member. Atlas Cloud argues that this information could be used by cybercriminals to infiltrate firms’ IT systems.

Former human rights lawyer pleads guilty to fraud over Iraq war claims

The former human rights lawyer Phil Shiner has admitted committing fraud in relation to claims made against Iraq war veterans, the Guardian reported on Tuesday. In 2007, Shiner made an application to the Legal Services Commission in 2007 seeking up to £200,000 of legal aid funding for his firm, Public Interest Lawyers, to represent clients including Khuder Al-Sweady, in an application for judicial review. 

However, Shiner failed to disclose in his application that an agent acting on his behalf and with his knowledge had been cold-calling and making unsolicited approaches to potential clients in Iraq. He also failed to disclose that he was paying referral fees. According to the National Crime Agency, this practice was not permitted as part of gaining a legal aid contract.

Celebrating 75 years of women King’s Counsel in England and Wales

Last Monday, more than 350 women KCs and judges came together in the Great Hall of the Royal Courts of Justice to mark 75 years since women first became King’s Counsel, the Law Society Gazette reports. The celebratory event was organised by Mrs Justice McGowan, who took silk in 2001 and is number 120 on the list; Mrs Justice Theis; who took silk in 2003 (number 143); and Mrs Justice Morgan, who became a KC in 2011 (number 245).

Addressing the assembled guests, lady chief justice Baroness Carr, who took silk in 2003 and is number 147 in the list of women silks, said: “Women are generally well represented in the legal professions although we still see fewer women in the top positions. Progress has been made but the path is much harder for some and we must…celebrate success. You are all magnificent and an extraordinary inspiration to the profession and to young aspiring lawyers everywhere.”

Solicitors face 200% hike in in compensation fund contributions

On Monday, Legal Cheek reported that the Legal Services Board has rubber-stamped the SRA’s increase the annual levy for solicitors from £30 to £90 for 2024-25. The regulator has argued that the increase is necessary to rebuild the compensation fund, which had been “significantly impacted” by a sharp rise in interventions and claims over the past 18 months – first and foremost of which is the collapse of Axiom Ince. 

Commenting on the decision, Law Society chief executive officer Ian Jeffery stated:

“The SRA’s request for additional funds is largely the result of the collapse of Axiom Ince and the cost of compensating its victims. We expect the independent review of the SRA’s performance on this matter commissioned by the LSB to be published as soon as possible, so that the lessons can be learned. We also strongly encourage the SRA to prioritise its focus on core activities and only undertake additional workstreams based on evidence of regulatory need, or specific gaps in responding to consumer needs, rather than looking for additional fining powers.”

Talking private wealth law with James Quarmby

In this week’s episode of But is it Legal?, I talked to the formidable James Quarmby, founding partner of Stephenson Harwood LLP. James explains what it takes to support clients on a global level against the tide of constant legal changes across borders, using Linkedin as an effective and time-efficient tool to win more work, and shares advice for tomorrow's leaders of private wealth law.

You can catch up with the latest episode here:

YouTube: https://lnkd.in/ej3f3qaY

Spotify: https://lnkd.in/eiusb4aZ

I hope you found this edition as interesting and galvanising as I did!

Thanks,

Si

simon.marshall@2bd.me