Is the Bar becoming more diverse?

Thirty-three years ago, Dawid Konotey-Ahulu was denied a pupillage because of his race. Speaking on Radio 4, he described how “the chambers I applied to said, ‘Look, we like you, we think you’d fit in here. But we hired a black guy last year and we’re not going to do it two years in a row’ .. and there I was denied a very basic opportunity to secure a job simply because of my race, because I was black”. In the thirty-odd years since, there has been considerable progression , but there is still debate as to whether  true diversity is present at  the Bar or whether the experience of many to come could mirror that of Konotey-Ahulu.

Statistics from the Bar Standards Board suggest that out of the around 17,000 practicing barristers in 2019, less than 2,300 were black or from a minority ethnicity, which equates to just over 13% of practicing barristers. When compared to the official statistics regarding the composition of the workforce, however, it seems as though there has been considerable improvement as BAME people also constitute approximately 13% of the aggregated workforce. 

…less than 2,300 were black or from a minority ethnicity, which equates to just over 13% of practicing barristers.

Nonetheless, this paints a distorted image. There still seems to be some underlying diversity issues. For example, UK/EU bar grads from BAME backgrounds who enrolled from 2014-18 were less likely to have secured pupillage than those from white backgrounds, indicating that BAME individuals are likely to still be discriminated against in the application processes.

Furthermore, only 37% of practicing barristers are women, despite women making up 51% of the population. Despite the figure increasing every year a clear disparity remains. Similarly, disabled practitioners only make up only 6% of the Bar, but 13.4% of the working population.

 With over half of practicing barristers coming from private schools, there is also a clear education disparity. While private school attendance has fluctuated over the years, only around 6% of the UK population currently attend private schools. The disparity in the proportion of barristers coming from private schools could perhaps be traced to the fact that 42% of Oxbridge places go to those from private schools. Nevertheless, there is a clear diversity issue here, with students from state schools clearly at a disadvantage.

When we compare the Bar to the Solicitors Regulation Authority (SRA), we can see how the Bar is considerably less diverse. The SRA finds that 49% of lawyers are women and 21% are BAME, which compares very favourably to the Bar. There are still some diversity issues, such as only 34% of law firm partners being women, but, on the whole, the SRA seems to be a much more diverse body than the Bar. Does this stem from the entrenched archaic practices, that the Bar seems so hesitant to let go of?

Harry Matovu QC, who practises at Brick Court Chambers, argues that the Bar’s diversity and inclusion is still insufficient. He writes “...the obvious lack of black representation at the commercial Bar and in City disputes practices raises serious questions about recruitment practices, career progression and unconscious bias”. Drawing from his personal experience Matovu demonstrates how being from an ethnic minority can disadvantage him when he is working as a barrister. He describes how he learnt that he “had not been considered for a case because the solicitors felt that their client would not accept a black barrister”, showing that the diversity issues in the Bar stretch beyond initial recruitment.

Alexandra Wilson, a mixed-race barrister, recalls similar experiences of prejudices being shown in court; for instance, she says that she was “often” mistaken for a defendant, or even a defendant’s mother, in a way that was “disproportionate” to the experiences of other members of the Bar. She recognises the diversity issues in the courts, when describing how she “was shocked at the number of black people in court, yet all the barristers and judges were white”, emphasising the disproportionality of the court. She continues, “people like me were overrepresented on the wrong side of the law and white people were overrepresented on the right side”. In reference to the recent Black Lives Matter protests, she says that she is hopeful of change and that there has been a lot of work going into it within communities, the rest of the world is finally waking up.

Dr Miranda Brawn is also optimistic of advancement, having set up the Miranda Brawn Diversity Leadership Foundation in 2016, with the aim of increasing ethnic minorities across the UK workforce including at senior levels in the Bar.

Find out more about the Miranda Brawn’s foundation here:

http://mirandabrawn.com/

Brawn believes that such diversity programs are important, because “the more accessible the Bar is, the better it is able to represent the society it serves”. She continues, “...only where there is diversity within a body that arbitrates in matters of considerable import will UK society find that its blend of cultures, genders and religions are reasonably and respectfully protected and promoted by the law”. Brawn believes that while there has been “a steady improvement in gender and ethnic diversity at the Bar”, diversity is still an issue with “the upper levels of the legal profession appear to be dominated by white, British males”.

The Miranda Brawn Diversity Leadership Foundation has had considerable success in encouraging and advancing inclusion, having now helped to impact approximately 50,000 people, with 40 scholarships awarded in 2019, as well as mentoring programs, networking opportunities and diversity lectures. 

Finally, we have seen barristers’ chambers attempt to increase diversity in the Bar more recently. For example, in July six commercial sets (Blackstone, Brick Court, Essex Court, Fountain Court, One Essex Court and Three Verulam Buildings, supported by the Commercial Bar Association) announced a joint mentoring scheme with the aim of assisting those from underrepresented groups (including BAME, but also other vulnerable groups) to succeed at the commercial bar. Hopefully, this points towards a wider change for greater diversity in the Bar and suggests that experiences such as that of Konotey-Ahulu will not be repeated