Bar Standards Board of England and Wales publishes new statistics on the outcomes of complaints about barristers

The Bar Standards Board (BSB) has published a new statistical analysis examining the outcomes of complaints made about barristers in England and Wales between January 2015 and October 2019. The research was particularly focused on investigating the relationship between the outcomes of, and the likelihood of a complaint being made, and specific characteristics of barristers, particularly gender and ethnicity.

Within the analysis, the BSB has divided the complaints into two categories “internal complaints” (complaints raised by the BSB based on information received from sources, such as self-reports of potential professional misconduct; referrals from other departments of the BSB; referrals from other regulators; judicial criticisms; and public/media coverage of barristers’ behaviour) and “external complaints” (complaints raised by members of the public, legal professionals or other external sources, who wished to make a formal complaint about a barrister).

Key findings from the analysis include:

  • Male barristers who were the subject of a complaint were around 2.1 times more likely to have their case referred for disciplinary action compared with female barristers ;
  • Male barristers were around 1.3 times more likely than female barristers to be subject to an “internal complaint”;
  • Compared to White barristers, barristers from minority ethnic backgrounds were found to be around 1.7 times more likely to be subject to an “internal complaint” compared with White barristers;

Commenting on the findings, BSB Director of Legal and Enforcement, Sara Jagger, said:

“This report illustrates our commitment to transparency in the way in which we deal with reports about barristers’ conduct. Our decision making is regularly reviewed to ensure that it is of a high quality and free from bias and it is essential that we keep monitoring these issues. Our decision-making processes have changed significantly since the period covered by this report and later this year, we will be reviewing the impact of those changes on the outcomes for barristers with different diversity characteristics.”

Read more and access the report on the BSB’s website. 

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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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ABA President Patricia Lee Refo – “Lack of advancement is not a ‘woman’ problem, it’s a ‘profession’ problem”

In a new column for the American Bar Association (ABA) Journal, ABA President Patricia Lee Refo has called for a change in attitude towards the way in which gender is viewed in the profession. In the column, she describes how the lack of progression for women in the profession represents systemic issues in both the retention and promotion of female staff within the legal industry.

She goes on to describe some of the ABA’s work in the area, as well as calling for more to be done to increase the number of women working in the profession, as well as to assist those already employed within the profession. The article has been co-signed by the 9 other ABA presidents who were women.

Read the full article here. 

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Law Society of New South Wales launches new portal addressing sexual harassment in the workplace

The Law Society of New South Wales (NSW) has launched a new portal focusing on the issue of sexual harassment in the legal workplace. The portal is aimed to provide assistance and guidance to those who have experienced sexual harassment, as well as providing steps that solicitors can take if they have witnessed sexual harassment, discrimination or victimisation.

The Sexual Harassment in the Law portal gives access to resources including:

  • information on the steps to take for those who have experienced or witnessed sexual harassment, discrimination or victimisation in order to report it
  • resources to address and prevent sexual harassment in the profession
  • important information on new Law Society of NSW training designed to combat harassment
  • Workplace Guide and Model Discrimination and Harassment Policies
  • The Charter for the Advancement of Women in the Legal Profession
  • The Law Society’s Mental Health and Wellbeing portal
  • legislation and rules which are relevant to sexual harassment in the legal profession.

President of the Law Society of NSW, Juliana Warner has said “I feel very strongly about keeping the spotlight on this issue and continuing to find ways to create more open workplaces, backed by the appropriate policies, reporting processes and support, and ultimately empower victims to speak out without fear of negative repercussions,” Ms Warner said. Everyone has the right to feel safe and supported in their workplace. As an association that represents 43% of Australia’s solicitors, we have a responsibility to be part of the solution and ensure that victims can speak out against unacceptable behaviour in the knowledge that it will have severe consequences for the perpetrator, and not them.”

View the portal here, or read more about the portal here.

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California State Bar Board of Trustees approve updated law school accreditation rules

At its meeting on May 13, 2021, the California State Bar Board of Trustees adopted new accreditation rules for California accredited law schools. The new rules will come into effect on January 1st, 2022, with law schools required to demonstrate compliance by January 1, 2024, and are designed to incorporate best practices and provide a framework to recognise law schools that are accredited by regional or national accreditors. As well as these rules aim to focus accreditation on its essential purpose, rather than creating extraneous requirements.

Donna Hershkowitz, Interim Executive Director of the State Bar has said.“This effort is the latest example in the State Bar’s many efforts to broaden access to quality legal education in our diverse state. The new accreditation rules will ensure that law schools and the State Bar are focusing on what matters most to ensure positive student outcomes and ultimately support our efforts to protect the public.”

California is one of the few states in the USA that permits accreditation other than by the American Bar Association (ABA), and offers more separate pathways into qualification as a lawyer than any other state. Currently, nearly two dozen law schools are directly accredited by  the California Bar, with the goal of offering accessible, affordable, and flexible options for law students.

The revised rules further four key purposes for accreditation of California law schools:

  1. Consumer protection and transparency;
  2. Student success;
  3. Diversity, equity, and inclusion; and
  4. Preparation for licensure and professionalism.

The approval of the rules, which comes as a culmination of two years of work by the Committee of Bar Examiners and the Committee of State Bar Accredited and Registered Schools. The aim of the reforms is to create a clear, understandable public protection framework for accreditation in keeping with the State Bar’s mission. Each provision in the revamped rules describes a specific, measurable action designed to fulfill one or more of these purposes. Prior accreditation requirements that did not further any of these specific purposes were eliminated, and new requirements were added to ensure that schools are meeting these goals.

Read more about the Board of Trustees meeting here, or read the new rules here.

 

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American Bar Association releases new report on the challenges faced by female lawyers

A newly released American Bar Association (ABA) report entitled, “In Their Own Words: Experienced Women Lawyers Explain Why They Are Leaving Their Law Firms and the Profession,” aims to shed light on factors that affect career decision making amongst experienced female lawyers.  This includes information on why practitioners choose to remain in practice, move to a different job within the law or step out of the profession altogether after 15 or more years of practice.

The report was written by Joyce Sterling, a professor at the Sturm College of Law in Denver, and Linda Chanow, executive director of the Center for Women in Law at the University of Texas. The report includes analysis on the components that advance or impede long-term careers for female lawyers. The research was carried out via focus groups in six cities across the USA, as well as through individual interviews, with comments made during the interviews including:

“You give me the hardest problems to solve, but you tell me I am less important with the compensation you give me.”

“I don’t feel like I have anyone in a position of power who can personally relate to me.”

“[T]he power dynamic is very real. . . [P]eople are very uncomfortable when women lean into their power.”

The report includes recommendations designed to increase retention of female attorneys which include:

  • Assess the impact of firm policies and practices on female lawyers.
  • Take steps to ensure there is a critical mass of female partners on key firm committees.
  • Increase lateral hiring of female partners.
  • Provide resources to relieve pressures from family obligations.
  • Be flexible to support changing practices.

ABA President Patricia Lee Refo has said.“This report highlights the ongoing systemic barriers women still face in the legal profession. These women’s personal stories are eye-opening, and the recommendations illustrate the changes we need to make to support and advance all female lawyers.”

Read the full report here, or read more here.

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Stress, drink, leave: An examination of gender-specific risk factors for mental health problems and attrition among licensed attorneys

Abstract

Rates of mental illness and heavy alcohol use are exceedingly high in the legal profession, while attrition among women has also been a longstanding problem. Work overcommitment, work-family conflict, permissiveness toward alcohol in the workplace, and the likelihood of promotion are all implicated but have yet to be systematically investigated. Data were collected from 2,863 lawyers randomly sampled from the California Lawyers Association and D.C. Bar to address this knowledge gap. Findings indicated that the prevalence and severity of depression, anxiety, stress, and risky/hazardous drinking were significantly higher among women. Further, one-quarter of all women contemplated leaving the profession due to mental health concerns, compared to 17% of men. Logistic models were conducted to identify workplace factors predictive of stress, risky drinking, and contemplating leaving the profession. Overcommitment and permissiveness toward alcohol at work were associated with the highest likelihood of stress and risky drinking (relative to all other predictors) for both men and women. However, women and men differed with respect to predictors of leaving the profession due to stress or mental health. For women, work-family conflict was associated with the highest likelihood of leaving, while overcommitment was the number one predictor of leaving for men. Mental health and gender disparities are significant problems in the legal profession, clearly requiring considerable and sustained attention.

Anker J, Krill PR (2021) Stress, drink, leave: An examination of gender-specific risk factors for mental health problems and attrition among licensed attorneys. PLoS ONE 16(5): e0250563.

Available on PLOS ONE. 

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Law Society of New South Wales urges firms to commit to the elimination of sexual harassment in the workplace

The Law Society of New South Wales (NSW) has called for law firms and legal practices around NSW to affirm their commitment to eliminating sexual discrimination, harassment and bullying in the workplace by signing up to the Law Society’s ‘Charter for the Advancement of Women in the Legal Profession’.

President of the Law Society of NSW, Juliana Warner, launched the Society’s revamped ‘Charter for the Advancement of Women in the Legal Profession’ at an event to mark International Women’s Day 2021. Originally launched in 2016, the Charter is designed to promote and support strategies to increase retention of women from all backgrounds within the legal profession, as well as encouraging womens’ career progression into senior management positions.

The Charter aims to achieve this by helping solicitors to develop a professional culture that promotes diversity and inclusion, prevents sexual harassment and bullying, and impacts positively on all practitioners in their place of work. Ms Warner said the 2021 Charter includes new provisions to prompt signatories to establish procedurally fair and transparent sexual discrimination and harassment complaints processes.

Signatories to the Charter commit to:

  • demonstrating leadership by removing gender bias and discrimination in the legal workplace
  • driving change in the solicitor profession by developing a culture that supports the retention and promotion of women from all backgrounds
  • implementing recruitment and promotion strategies that include gender diversity and gender pay equity as important considerations
  • promoting mentoring and sponsorship of women in the solicitor profession
  • encouraging and facilitating flexible work practices to support a better balance of professional and other commitments
  • ensuring that sexual harassment, or any form of bullying in the workplace, is not tolerated
  • establishing procedurally fair, safe, accessible and transparent sexual discrimination and harassment complaints processes
  • establishing training to protect complainants from victimisation, encouraging bystanders and others to report and ‘call out’ offensive and intimidating behaviour.

Ms. Warner has said: “The updated Charter is part of our ongoing work to address sexual harassment in the legal workplace and drive positive change through our policy work, advocacy and regulatory functions. This version has more targeted and explicit women’s advancement policies that deal with not only the promotion of women in the workplace, but ensuring women from all backgrounds feel safe at work, have flexibility if they are parents, and are not marginalised if they raise complaints about bullying or harassment. As a Law Society, we aim to lead; we aim to encourage; and we aim to provide our members with the best possible resources, such as the Charter, to achieve genuine change. But it is up to law firms and legal practices to interpret and adopt the Charter in a way that makes sense for their workplace and their area of practice,” Ms Warner said.”

View the Charter for the Advancement for Women in the Legal Profession here.

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