In our series of articles, we discuss topical issues facing the legal industry and the wider world, all through the lens of diversity, equity and inclusion (D, E & I). This month’s article focuses on our reflections on the Scottish legal profession for 2024, and what is to come in 2025 to help us better embrace a changing landscape.
First But Not Last
If we were to have had a DEI awareness day for the Scottish legal profession this year, the
theme might have been ‘First but not Last’.
Why so?
In terms of first’s:
● We celebrated the first of its kind EDI event to mark the opening of the legal year.
● We launched, in collaboration with the Law Society of Scotland, the first of its kind
EDI certification course for legal professionals.
● We created the Calculator of Privilege, a tool specifically designed for legal
professionals to better measure and understand how privilege can be both a barrier
and an aid to improving workplace environments.
In the festive spirit of kindness, you’ll forgive me for taking credit for these initiatives. All three of these milestones may not have been reached had I not stepped away from practicing law and created my consultancy firm, Diversity+. At times when I miss the adrenaline rush of appearing in court and the congeniality of working with colleagues, I have to remind myself of this.
What does DEI look like for the profession for the future?
As a woman of a ‘certain age and stage in life’ I left practice for many reasons, but all pointed
towards one goal – to find me, again. To find a happier, healthier and ambitious me. The
same me that entered the profession with hope, passion and optimism, traits that little by
little get abandoned as the burdens of practice get heavier to shoulder, reaching a point
when your body, both physically and mentally, can no longer sustain the weight,
particularly when buckling under the additional weight of intersectional and personal responsibilities.
This burden needs to be better understood by the profession, and innovative solutions
found if we want to feminise the profession more equally and sustainably, particularly
higher up the chain. We may have to accept that what has become the standard fix of
offering flexible working, is simply not enough to bring to an end generations of prejudices
and pressures that have kept the shackles in place, particularly but not exclusively for
women. More imaginative business structures and workplace practices will need to be
discovered if we intend to shatter the chains that reinforce the obstacles to progress, in a significant and impactful manner.
With ‘feminisation of the profession continuing’ (figures show that 57% of solicitors are
female, 68% of new entrants are women, and staggering still, approximately 70% of law
students are also women) more female talent in the industry will inevitably follow.
But the trend of women passing over promotion or leaving the profession altogether will
also increase, unless we reconstruct systems and dismantle cultures that drive them away.
Another encouraging trend is the continuing increase in the number of those entering the
profession overall.
“For a fourth consecutive year we’ve seen unprecedented growth as 764 new solicitor traineeships commenced in the most recent practice year from 2023-24.” - Law Society of Scotland
While I do not have the diversity data for the trainees in question (data that should and could be gathered), it is evident that alongside the increasing feminisation of the profession, there is also an unprecedented rise in those entering the field. As the demand for legal services and talent continues to grow, this trend is positive but should come with a caution, as inter-generational challenges will also escalate. Collecting data at this point will offer numerous benefits, the most significant of which, in my opinion, would be to enhance and better support meaningful EDI initiatives early on, which will also help address the increasingly apparent inter-generational challenges.
The growth in the profession's diversity in other aspects is also noteworthy. Unlike
the data on trainees, diversity information is gathered through the practising certificate renewal process. It reveals that at least 4% of professionals are from minority ethnic backgrounds and at least 4% identify as LGBTQ+. More interestingly, these percentages rise significantly among those aged thirty and under, with individuals from minority ethnic backgrounds increasing to over 10% (68% female, 32% male), and those identifying as LGBTQ+ growing to just under 7%. These statistics further emphasise the importance of engaging with individuals at the early stages of their careers if we aim to nurture and retain diverse talent, which will be crucial for meeting the industry's future demands.
Add to this the phenomena that the largest growing cohort of students and professionals
entering the legal profession are women from a minority ethnic background and more
visibly, women of colour, we get a better idea of both the challenges and opportunities that
lie ahead. Whilst I champion and support this positive movement, I predict, sadly however,
that these women will also be the ones leaving in higher numbers, if things don’t change to
make them feel they truly belong and are valued.
Demanding change
There is one clear lesson I have learnt from the solicitors, trainees and law students that I
have had the privilege to have conversations with: They want change, and they won’t be as
patient as those from my era, to wait for it. They will not simply be grateful for being let in.
They will wish their voices to be heard and given their growing numbers, they ought to be
better included in the decision-making process for sustainable change to come about. If
silenced or excluded, they will find a way out.
Inevitably, their desire for change will be met by some resistance, as the industry tries to
hold onto its tried and tested conventional methods. But their resilience reignites in me the
hope, passion and optimism that I once had.
It is this optimism that makes me believe that through my work - and the work of other
organisations such as the Scottish Ethnic Minorities Lawyers Association (SEMLA), Disabling Barriers Scotland (DBS), Scottish Young Lawyers Association (SYLA), and the Glass Network, all of which have helped produce firsts - milestones such as the ones mentioned above, will not be the last.
It makes me believe, that despite some ripples of polarisation and disengagement, we will
continue to build a robust and positive movement towards a diverse and inclusive
profession, notably with more diverse talent at leadership level, which in turn will help
facilitate and accelerate broader industry-wide change.
Credit is also due to all those organisations and individuals who support DEI improvements.
They are the early talent and innovation pathfinders who will be the first to benefit from the changing landscape of the profession.
Our new pro bono projects
In 2024, we introduced 2 new pro bono projects.
Diversity+ in the classroom: The reality remains that in 2024 many children in Scotland will not have considered a career in law due to their social background. They won’t have lawyers in their families or have connections to the industry. Together with a lack of relatable career guidance, both at home and at school, the chance of them considering applying to study law, is almost non-existent. Our bespoke programme, tailored to meet specific pupil focussed needs, aims to change this by raise awareness through former school pupils about the legal profession being open to all.
Diversity+ Law Academy: Despite the push towards creating a more diverse legal profession, the reality is that those for underrepresented and marginalised groups continue to struggle to gain opportunities, and most importantly, traineeships after 5-year of studying. They are often the ones who do not have connections to the industry and face disadvantages as a result. The aim of this project is to help them form those connections and support them in applying for roles within the profession.
These projects are fully financed by Diversity+, but the truth is that sustaining them without broader industry backing is neither feasible nor sustainable. It's also not what I am about. I'm in the space to encourage others to join me. In the words of the infamous Ruth Bider Ginsberg:
"Fight for the things that you care about, but do it in a way that will lead others to join you".
I've no wish to capitalise. Rather my aim is to grow with unity in mind. As we near 2025, the challenge will continue to be how to effectively support and broaden these initiatives, along with similar ones. One thing is certain: as the number of aspiring solicitors increases, so does the demand for these initiatives.
events, events, events
In 2024, we also launched our own customised events. It has been a challenging learning experience, but it has provided us with autonomy and, more importantly, the ability to be as flexible and inclusive as our audience requires. Each event is tailored to meet specific learning objectives and complies with CPD requirements. All our events are free and open to everyone. Once again, the challenge will be ensuring the sustainability of these events in the future.
The Future – an alternative project 2025
What lies ahead in 2025 for Diversity+ and the Scottish Legal Profession?
For me, 2025 will be a year of consolidation. Over the past three years, Diversity+ has surpassed all my expectations in every way imaginable. We've achieved industry firsts, offered private consultations and learning packages, developed innovative software to better measure and understand DEI concepts, and created and supported pro bono projects. We've accomplished all this and more.
It's time to build upon our achievements and make a significant leap of faith for the future by unifying our efforts to determine what kind of profession is both sustainable and appealing for the future.
To this end, we intend to organise a series of talks and events in 2025 titled “The Scottish legal profession: time for an alternative”. More information will be provided soon.
If you're interested in collaborating with us, please contact us at hello@diversityplus.info
To learn more about our consultancy services, please visit our services page:
To learn more about the pro bono work we do please visit our project page:
To learn more about our events for 2025 and to collaborate with us on them, please visit our events page:
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