Australia, Ireland, Scotland and England and Wales Bar publish new diversity and admissions data

New reports on admissions and diversity in the legal profession have been released by the Australian Conference of Law Societies, the Legal Services Regulatory Authority of Ireland (LSRA), the Law Society of Scotland and the Bar Standards Board of England and Wales.

Australia

The 2020 National Profile of Solicitors in Australia, produced on behalf of the Conference of Law Societies, an organisation that represents the different law societies from across the Australian territories, show that there are now 83,643 solicitors practising in Australia, an increase of 26,066 solicitors since 2011, representing a 45% increase. The report also shows that women now make up 53% of solicitors across the country, up from 46% in 2011.

The report has also found that there has been a 59% increase in practice in those aged 65 or older, with the average age being 42 years old, and that in  2020, 632 solicitors identified as Aboriginal and/or Torres Strait islander, representing 0.8% of all solicitors in Australia. Since 2014, this trend has remained relatively stable. The report also shows that the majority of solicitors operate in private practice, however corporate legal has been the most rapidly growing area.

Access the Australian report here. 

Ireland 

On the 30th of June, the LSRA published its second annual admissions report entitled ‘Pathways to the Professions 2020: Annual Report on Admission Policies of the Legal Professions’.

The key findings of the report include:

  • 906 solicitors were admitted to the Roll of Solicitors in 2020, a 62% decrease on 2019
  • The “Brexit-effect” whereby UK qualified lawyers qualify into Ireland has begun to subside. The number of England and Wales-qualified solicitors entering the Roll, has dropped to 443 compared to 1,838 in 2019 (this may partly be due to saturation and partly due to changes to the admission policy requiring England and Wales qualified solicitors to demonstrate an intention to practice in Ireland)
  • A total of 11,854 solicitors held Irish practising certificates on 31 December 2020, a decrease of 105 from 2019
  • A total of 167 barristers were called to the Bar of Ireland in 2020, this is down 14% from 190 in 2019.
  • Of the 167 barristers admitted to practise in the year, 116 were graduates of the King’s Inns Barrister-at-Law degree course. The total also includes 47 barristers admitted having obtained their professional qualifications in England and Wales or Northern Ireland.

Access the LSRA’s report here. 

Scotland

Diversity data collected as part of the annual Practising Certificate (PC) renewal process has been published by the Law Society of Scotland. Diversity questions were included for the first time in the 2020/21 PC renewal process, with around 80% of respondents providing a response to diversity questions. Respondents were asked about their ethnicity, disability, religion, sexual orientation, and social background, including the type of school they mainly attended and what their parents’ occupation was.

Key findings include:

  • The Scottish legal profession is getting more ethnically diverse, although more slowly than the wider population. Just over 88% of the profession is white, with at least 3.38% of the profession coming from a Black, Asian and Minority Ethnic (BAME) background.
  • Almost 7% of solicitors aged under 30 come from a BAME background.
  • Around two-thirds of newly admitted members were female.
  • 3.2% of the profession is LGBTQ+.
  • 4.8% of the profession has a disability, such as blindness, deafness or a mobility impairment.

Access the Law Society of  Scotland’s report here. 

Barristers in England and Wales

The BSB has published the seventh and final annual edition of its statistical information relating to student performance on the Bar Professional Training Course (BPTC). The report uses data from students from the 2019-2020 academic year, as well as the preceding two academic years. The report includes information on the demographics and results of those who enrolled on the BPTC, as well as the success rates of those seeking a pupillage after the course.

Key findings include:

  • 18% fewer of the students who enrolled in 2019-20 completed the course compared to the year before and the of the UK  and EU graduates in the same period 10% began a pupillage in 2020-21 compared to 23% in the 2018-19 cohort, reflecting a 35% fall in pupillage places. This drop may be partially related to COVID-19 as well as Brexit.
  • 1,685 students enrolled on the BPTC in 2019-20, a decrease of 68 students compared to 2018-19.
  • 46% of students 46% who enrolled on the BPTC in 2019-20 were overseas (non-UK/EU) domiciled,
  • Female BPTC students increased from 52.3% in 2011-12 to 57.8% in 2019-20
  • of the 95% who provided information on their ethnicity, the percentage of UK/EU domiciled students from a minority ethnic group was 35% in 2019-20. This was down by around five percentage points compared to 2018-19,  and was at the lowest level since 2015-16;

As well as this the report found that  39.5% of UK/EU students who enrolled on the course from 2015 to 2019 had started a pupillage by March 2021 of these 55% were female, and when controlling for academic and BPTC results found that those from a white background were more likely to commence a pupillage, with 41% of white students starting a pupillage compared with 23% of those from a minority background.

Read the BSB’s full report here. 

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New ‘Senior Counsel’ title approved for use in Ireland

A total of 37 legal practitioners in Ireland will be permitted to use the title ‘Senior Counsel’ following the Government’s approval of recommendations from the Advisory Committee on the grant of Patents of Precedence. Approval was granted on the 15th June 2021, with the group made up of 25 barristers and 17 solicitors, who will be allowed to use the title.

Granting a Patent of Precedence, to a barrister, entitles them to be called to the Inner Bar and to use the title of Senior Counsel. In relation to a solicitor, it entitles them to use the title of Senior Counsel.

The Advisory Committee was established in April 2020 under the Legal Services Regulation Act 2015 and is chaired by the Chief Justice. The 2015 Act allowed solicitors for the first time to apply to be granted Patents of Precedence. The Legal Services Regulatory Authority of Ireland provides administrative and secretarial support to the independent Advisory Committee on the Patents of Precedence.

Read more about the decision here. 

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Legal Services Board of England and Wales releases diversity dashboard for England and Wales profession

The Legal Services Board of England and Wales (LSB), which acts as the oversight regulator for professional frontline regulators in England and Wales has released a dashboard of diversity statistics collected from each of the frontline regulators it oversees, alongside the publication of an independent report into regulator diversity. The report was produced by the Bridge Group, an independent consultancy focused on diversity and inclusion, and is focused on evaluating the success of regulatory interventions and the success of evaluative indicators used by regulators following diversity and inclusion initiatives.

Findings from the report include:

  • Legal regulators should use the data they collect about the professionals they regulate to inform and evaluate their diversity and inclusion initiatives.
  • Similar challenges face regulators in other sectors, indicating that the legal services sector is no different to other professional sectors in the slow pace of change in improving diversity.
  • To improve the limited evaluation of initiatives the report recommends the use of the theory of change model, or similar, for a more systematic approach.

Based on the findings of the report the LSB has urged legal regulators to do more to understand what is and is not working in terms of diversity initiatives, in order to encourage greater diversity and inclusion in the sector, as well as focusing on what is making a meaningful difference for professionals and consumers.

The diversity dashboard has been produced to facilitate better information sharing and improve transparency between the regulators. It brings together the latest diversity data collected by the regulators on the people they regulate.  It is now easier to compare different parts of the regulated sector. Data includes the proportion of; women employed, age, ethnicity, disability, sexual orientation and attendance at a fee-paying school. The dashboard will be expanded in the coming months to include information on how the diversity of the professions differ at entry and at senior levels over time.

Dr Helen Phillips, Chair of the Legal Services Board, has said: “The LSB and the legal regulators share the statutory objective of encouraging an independent, strong, diverse and effective legal services sector. However, despite the positive intentions over the last few years, there has been little progress on improving diversity of our sector. On the whole, regulators have been successful at collecting diversity data, however, data is not an end in itself. Understanding what initiatives have the greatest impact is essential if we are to see a radical change in the diversity of the legal profession. Evaluation must be a core part of deciding which regulatory interventions to make. The Independent Bridge Group report that we commissioned highlights that there has been little collaboration on diversity and inclusion. We want to help change that and a key part of our approach will be to work with regulators to encourage information sharing and cohesion to address these sector-wide issues. It is clear that the challenges we face are so complex and far-reaching that tackling them requires a concerted effort. By collaborating with others across the sector, we will support a profession that reflects the society it serves and that meets consumers’ differing needs.”

Read the full report here, or view the diversity dashboard here.

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Legal Services Board releases options on ongoing competence

The Legal Services Board (LSB) has published anew report on ongoing competence in the legal services sector. Confirming that it plans to develop this thinking further and consult on how competence can be assured over the course of a lawyer’s career. In the report the LSB points out that whilst legal regulators have comprehensive measures on entry into the profession, however there are few checks to ensure that competence is maintained.

The report was produced following the call for evidence that was carried out in 2020. It has been compiled using extensive discussions with stakeholders across and outside the legal services sector. It also considers approaches taken in other sectors such as financial services, aviation, healthcare, engineering and teaching, which generally have more systematic ongoing competence checks.

From its research, the LSB has concluded that most consumers mistakenly assume that lawyers are subject to regular formal checks. It has suggested that this leads to a misalignment between the current practice and what the public expects. This is why the decision has been made that ensuring legal professionals’ ongoing competence is vital to ensuring consumers’ trust and confidence in the sector. The LSB’s view is that this would also help consumers avoid harm from poor quality legal services.

In its role as the oversight regulator, the LSB has a statutory duty to assist in developing regulatory standards in the legal sector. In the report, the LSB explains that it will proceed to develop and consult on new expectations for regulators, noting that these proposals are likely to encompass high-level expectations that legal regulators should:

  • set out the standards of competence that legal professionals should meet at the point of entry and throughout their careers; and
  • have mechanisms in place to:
    • identify legal professionals who are failing to meet those standards;
    • identify areas of increased risk to consumers;
    • respond when legal professionals fall short of the standards of competence;
    • provide appropriate protection when there is an increased risk of harm to consumers.

Helen Phillips, Chair of the Legal Services Sector, said:

‘Public trust and confidence are integral to the credibility of the legal services sector, and consumers need to know that their lawyers have the necessary, up-to-date skills, knowledge and attributes to help them with their legal problems. Many people assume that legal professionals are subject to ongoing formal reviews of their competence, but there are, in fact, very few routine checks once a lawyer has qualified. Legal regulators typically do not have systems or processes in place to identify or respond to concerns about competence. This is unusual and out of step with other professions which routinely adopt tools to ensure ongoing competence to promote public trust and confidence, and protect consumers from harm. We need to reshape legal services to better meet the needs of society, which includes ensuring lawyers remain competent throughout their careers. This will help increase trust in legal services, raise standards and improve access to justice.’

Read the full report here, or the LSBs comments here.

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Washington State Bar Association to appeal ending of LLLTs

The Washington State Bar Association is set to seek review of the state Supreme Court’s decision to end the limited licence legal technician (LLLT) program in the state. At the LLLT board meeting on June the 8th the board decided to request the Supreme court review the decision or at least provide longer for those currently training to complete their licensing requirements.

The review comes in the wake of the June 5th decision by the Supreme Court to “sunset” the LLLT program. The court felt that the costs were too high for the limited participation in the program, and ruled that all those aiming to become licensed must do so by 31st July 2021.

The LLLT program is the first of its kind in the USA and is aimed to help provide affordable legal services to the broader population in the state. LLLTs are licensed by the Washington Supreme Court to advise and assist people going through a divorce, child custody, and other family law matters, the aim had been to expand these practice areas. LLLTs consult with and advise clients, complete and file necessary court documents, assist pro se clients at certain types of hearings, and advise and participate in mediation, arbitration, and settlement conferences.

The Bar Association has requested that anyone who wishes to contact the Supreme Court about the decision should email  supreme@courts.wa.gov.

See the Bar Association’s comments.

See the Supreme Court’s letter announcing the decision (PDF).

See Justice Madsen’s dissenting opinion on the decision (PDF).

 

 

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More regulatory responses to COVID-19

Following on from last month’s newsletter, we’ve put together the following list to examine different regulator responses to the COVID-19 pandemic. Here it is interesting to note the development and changes, as regulators begin to get a grasp on the crisis and develop innovative responses to meet the changing environment. If you have any questions or best practice for the rest of the ICLR community, please do get in touch, and we will be happy to include any of these in the next newsletter.

Illinois has introduced executive order 2020-14, this satisfies notarial requirements that a person must “appear before” a notary public if a two-way audio-video connection is used. It also allows documents to be witnessed through the same technology.


The Law Society of New South Wales has decided to run it’s annual Law Careers Fair as an online event, rather than cancelling it. The event will use zoom to create virtual presentations, with individual video booths and company landing pages replacing exhibitor booths. More information about the event is available here. The Society has also decided to reduce its $410 membership fee to $10, for the 2020-2021 period, allowing members to redirect funds to priority areas during the crisis.


The Law Society of Hong Kong has announced that civil hearing will take place remotely, with all other non-essential court hearings currently adjourned.


The Legal Sector Affinity Group which is made up of all the legal supervisory authorities in the UK, including the Law Society, Bar Council, CILEx, and the Law Society of Scotland, has released an advisory note on preventing money laundering during the crisis. The note discussed the increased risk of money laundering at the current time and what checks can be put in place to mitigate this.


The Council for Licensed Conveyancers in England and Wales is to allow members to defer fee payments, following the near-complete standstill in the UK property market. Members will be given the option to defer paying their practice fee and compensation fund contributions for April, May and June, which can be paid off over the following 4-12 months.


The California State Bar Board of Trustees has written to the California Supreme Court offering options and recommendations for the June First-Year Law Students’ Exam and the July Bar Exam. Full letter available here. Whilst the State Bar of Califonia has put in place emergency measures waiving late payment fees, as well as extending payment deadlines for membership fees and compliance deadlines.


The Law Society of Ontario has cancelled the lawyer licensing examinations and the call to the bar ceremonies due to take place in June. The society has said that alternative summer/autumn examination dates are being explored and that the administrative aspect of the call to the bar process is being undertaken remotely, allowing students to progress with their careers, with a celebration planned later in the year.


The Law Society of Saskatchewan and the Law Society of Alberta have temporarily reduced the articling requirements to a minimum of 8 months, instead of the previous minimum of 12 months, preventing a backlog of articling students due to limits created by coronavirus. Full statements available here and here. The Law Society of Alberta has also introduced changes allowing articling students to work remotely, as well as giving instructions on the supervision students doing this.


The American Bar Association has created a “Task Force on Legal Needs Arising Out of the 2020 Pandemic”, which launched a website on the 3rd of April to provide resources and information on the ongoing crisis and how this relates to the law. Statement available here, website available here. The ABA has also backed calls to adopt emergency rules that would allow recent and upcoming law school graduates who cannot take a bar exam because of the COVID-19 pandemic to engage in the limited practice of law, under the supervision of a licensed attorney, these individuals would have until the end of 2021 to practice without passing the bar exam. They hope this would limit the disruption to students careers, and help prevent the widening of the access to justice gap.  Full statement available here.

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NCBE’s Testing Task Force and the Bar Exam of the Future

In the United States, the authority to regulate the legal profession belongs to individual jurisdictions; each U.S. state or territory sets its own rules and makes its own decisions about legal licensure. For  licensure examinations, most jurisdictions use one or more of the bar exam components produced by the National Conference of Bar Examiners (NCBE), a nonprofit organization based in Madison, Wisconsin. Thirty-six jurisdictions have adopted NCBE’s Uniform Bar Exam, which is comprised of three NCBE exam components: the Multistate Bar Examination (MBE), Multistate Performance Test (MPT), and Multistate Essay Examination (MEE).  The UBE is a uniformly administered, graded, and scored bar examination that results in a portable score.

At NCBE, we are proud of the high quality, validity, and reliability of our exams, which help jurisdictions protect the public by ensuring that only competent candidates are licensed to practice law.  The legal profession in the U.S. is changing rapidly, and we realize the importance of assuring the bar exam reflects those changes. To that end, in 2018 NCBE appointed a Testing Task Force charged with undertaking a three-year study to ensure that the bar examination continues to test the knowledge, skills, and abilities required for competent entry-level legal practice in a changing profession.

The Task Force’s study is currently in the second of three phases. In the first phase, extensive feedback was solicited in a series of listening sessions with stakeholders from across the profession—bar admission administrators, legal educators, and practicing attorneys and judges. (A report summarizing these sessions is available on the Task Force’s website.) Currently, the Task Force is conducting a nationwide practice analysis survey of lawyers as phase two of the process. This survey will provide valuable and comprehensive information about the knowledge, skills, abilities, and other characteristics that new lawyers must have to practice effectively and ethically. The conclusions drawn from the first two phases of the study will  help inform the study’s final phase, which will consider options for designing the bar exam of the future.

The work being done by the Testing Task Force is important and timely; we are proud of this study and excited to learn all we can from it. Please visit the NCBE Testing Task Force website and sign up to receive updates as this historic study progresses.

Article provided by ICLR member, Judith A. Gundersen, President, National Conference of Bar Examiners

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Four steps legal regulators can take to embrace their data

Data has always been a foundational part of the practice of law. However, the convenience, accessibility, and speed of digital mediums is transforming the discipline from within. Law firms are stepping up the plate leveraging their internal data, as well as industry data to make their practice and delivery of services more efficient and effective. E-Discovery, case predictive technologies and even fledgling artificial intelligence programmes are proliferating across top firms globally. Small and large firms alike are engaging with varying degrees of software to manage information and leverage its value.

It is time legal regulators attempt to match pace. This month ICLR.net is focusing on how legal regulators can start to think about data’s role in improving their regulatory responsibilities. We have identified four preliminary steps to help your institution to start thinking about leveraging data.

1. Start small and close to home: Identify your data sources

Identify consistent incoming sources of data. This may be lawyer registrations, renewals and fees. This “low hanging fruit” often serves as the fundamental data base, which can yield insights such as lawyer demographics and disciplinary patterns.

2. Clean and organise your data

Unwieldy spreadsheets no longer make the grade. Setting your organisation up for success means treating your data properly and preparing it for utilisation. Categorising and cleaning your data in a consistent manner will make things easier down the road. Data should be stored in a clear and structured format, which is both secure and shareable with appropriate access permissions.

3. Collaborate with those who know data

Some institutions may want to call the professionals in from day one. Smaller organisations may be able to tackle the first two steps on their own, but to begin to leverage analytics really requires a professional touch for the best results. You should be looking for a company specialises in data structures and analytics. The legal tech sector is rich with software providers offering data management products, but working with a professional in selecting the best fit for your organisation’s data or building a unique system is what will ensure success. It is key to work with someone with the skills as well as background knowledge and insights into the legal profession and industry.

4. Fostering a data-driven culture

Legal information and data powerhouse Thomson Reuters puts it best:

“Building a data-driven legal practice is not something you assign to a task force, department, or an individual. It requires a buy-in from everyone from the top leadership down.”

In addition, it is worth saying that employees at all levels should be involved in the data system development process, to ensure compatibility and realistic adoption and utilisation of the system. The human resource is what will bring an organisation the strongest return on any data investment.

Is data analytics for your organisation?

Some regulators may believe they are too small or the resource required to harness data is too great. However, these four steps can be completed at various levels, just as law firms of all sizes are engaging in data tools. Ultimately, it will be a matter of survival for regulators to keep pace with those they regulate. Information has a strong multiplier effect, and data analytics has the power to transform regulation and industry’s productivity as a whole.


We are interested in hearing about how your institution is using data to assist in regulation. Let us know! Interested in the power of data in regulation – get involved at this year’s annual conference. Contact Jim McKay (jamesmckay@lawscot.org.uk) to become involved as a speaker or session moderator. 

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Education and Training in Ireland

In response to the report on Education and Training in Ireland published on 19 November by the Legal Services Regulatory Authority (LSRA), the Law Society of Ireland has launched the Peart Commission Report, developed by an expert group chaired by Mr Justice Michael Peart of the Court of Appeal.

The report contains 30 recommendations setting out a vision for the future of solicitor training in Ireland. Law Society of Ireland Director General Ken Murphy said, ‘training solicitors to meet any and all challenges they will face in their careers is some of the most important work the Law Society does. Mr Murphy explained, ‘implementing the Peart Commission recommendations will have several benefits. It will further increase access to the profession for trainees across diverse educational, professional and socio-economic backgrounds and ensure the Law Society maintains its prominent position as an innovative professional legal educator globally.’ He added, ‘the Law Society’s education model is deeply rooted in the public interest and focussed on the future.’

Law Society Report Available Here

LSRA Report Available Here*

*This report was required by the Legal Services Act 2015 and is the first step in a comprehensive review which will involve further public consultation in 2019.

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Singapore’s Ministry of Law Accepts Recommendation to Strengthen Professional Training of Lawyers

The Ministry of Law (MinLaw) announced on 30 August 2018 that it has accepted in principle the recommendations of the Committee for the Professional Training of Lawyers on strengthening the professional training regime for lawyers in Singapore. The key recommendations include: (a) uncoupling admission to the Bar from the completion of a practice training contract; (b) lengthening the practice training period from six months to one year; and (c) raising the standard and stringency of Part B of the Singapore Bar Examinations. The Committee also made 17 other specific recommendations to address discrete issues within the professional training regime. The implementation of these recommendations will help raise the quality of legal training and better equip law graduates with the necessary expertise to meet the demands of the future economy and society.

MinLaw will work with stakeholders, including the Law Society of Singapore and the Singapore Institute of Legal Education, on the implementation of the recommendations. The three key recommendations will be implemented from the 2023 session of Part B of the Singapore Bar Examinations onwards, to give the industry time to adjust. The majority of students currently in law school will not be affected by these changes.

Read more in the MinLaw Press Release

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