I read the Law Society article in November, titled Lawyers rebel at regulator’s planned duty to ‘promote equality’and I saw how practitioner discontent with lawyers’ plan to impose a positive duty to promote equality in the profession erupted into open rebellion when a new requirement to “act in a way that promotes equality, diversity and inclusion” was proposed. It was interesting to see how the proposal attracted widespread criticism from the profession, even to the point where chairman Sam Townsend KC warned that the new duty would be harmful and “probably illegal”.
Shami Chakrabarti, director of the independent rights organization Liberty from 2003-2016, says that of all the rights that exist, the most important is:
“The right to equal treatment under the law. Lawyers call it non-discrimination translated into human empathy. Treat other people as you would like to be treated. Walking in someone else’s shoes, etc. You will find the germs of this idea in every great civilization…’
Chakrabarti opinion is a good example of how, as a lawyer, I consider equal treatment under the law to be important, and the key is empathy and understanding.
For me, and I hope for all of us who practice law, being a legal representative can never be just a job or the black letter of the law. Because as attorneys, advocates, or legal professionals, we step into people’s lives when they get tangled up in the legal system for whatever reason, be it criminal or civil. Those who come to us expect us to be their voice amidst the complexity of an unknown world.
What we do with these customers lays the foundation for the relationship we build with them.
Chairing the Race Equality Network in the London Borough of Waltham Forest and working closely with our Equality, Diversity and Inclusion team, CEOs, Directors, Service Managers and Magic Circle companies has helped me and stakeholders consider how It is important that we strive to break down cultural barriers, which can help foster better working relationships, which can also foster a wider understanding of the communities around us that we offer. service.
I am concerned about the lack of diversity in the legal profession, and specifically the lawyer, because while there is no doubt that the legal expertise acquired when representing a client is self-evident, I wonder how easy it is for those who may have little or no knowledge of the “lived experiences” of the clients they represent. Customers who see them as the most important person in the process because they are there to provide a “voice” for the customer.
Why is this important? Because gaining the trust of the person you represent can only be in your client’s best interest.
The Bar Standards Board states: “The current core duty requires lawyers not to ‘unlawfully discriminate’. However, to achieve the ‘necessary culture change’, we believe that the duty must go beyond that. We believe that a central expectation of all lawyers should be that they demonstrate through their practice an appropriate commitment equality, diversity and inclusion, which forms the basis of our future regulatory efforts in this area and is central to achieving behavioral and cultural change throughout the profession.
Townsend suggested that if the BSB’s proposals were accepted, they could be subject to a legal challenge, which could become a long and expensive distraction to improving equality, diversity and inclusion in the profession.
Rather than a distraction, whoever wins or loses, I think it would actually raise the issue by bringing it directly to the fore for everyone involved, including those people who sit in the back of the bus when they are not actively participating. in improving equality, diversity and inclusion in their own chambers. This would not only be beneficial to those working in the legal profession, but could also have a positive ripple effect of culture change, instilling a better understanding of how a lack of equality, diversity and inclusion affects certain client groups. in the only profession that offers them invaluable legal representation.
Now that the consultation period has ended and everything has now been thought through and digested, I urge the BSB to stick to its commitment to set a positive duty to promote equality and move forward despite the backlash.
Sixty years ago, the year I was born, President Lyndon B. Johnson signed into law one of the most significant pieces of civil rights legislation in history: the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or religion. , gender or national origin.
Change is never easy, but I pray that BSB stands by its word.
Pauline Campbell is the lead solicitor for the London Borough of Waltham Forest and a pro bono lawyer for the victims of Windrush