Workplace diversity, equity, and inclusion, commonly abbreviated as DEI, encompass the establishment of policies and procedures that actively promote the representation and involvement of individuals from diverse backgrounds, including varying genders, races, ethnicities, religions, ages, sexual orientations, disabilities, and social classes.

Creating an inclusive workplace culture has been high on the agenda of many businesses in the last few years and the benefits around this are much publicised – from aiding employee recruitment, engagement, and retention, to innovation, strategic growth, and performance of the business more widely.

In the context of law firms, embracing DEI principles is not merely a moral imperative, but arguably a strategic necessity. The legal profession, like any other, benefits immensely from a diverse array of perspectives, experiences, and backgrounds. In a multicultural and pluralistic society such as the UK, ensuring representation and inclusion in law firms is paramount to building trust, credibility, and legitimacy within the broader community.

Law firms that prioritise DEI initiatives are better positioned to address the diverse needs of their clients, who themselves come from various walks of life. A diverse legal team enhances the capacity to understand and navigate the intricacies of complex legal issues, thereby promoting a more nuanced and comprehensive approach to problem-solving. Moreover, fostering an inclusive environment within law firms is essential for attracting and retaining top talent from all backgrounds, ensuring that the legal profession reflects the rich tapestry of the society it serves.

The benefits are clear – and widely acknowledged across the legal landscape, but does that necessarily translate into actionable and implementable practices?

Arguably not…or at least, not at the moment.

A National Scandal?

Back in September 2023, Matthew Hill, the Chief Executive of the Legal Services Board (LSB), addressed the issue of diversity at the Law Society’s Junior Solicitors Network summit, asserting that the lack of diversity at partnership level in major law firms should be a matter of ‘national scandal’.

While discussing the Solicitors Qualifying Exam (SQE), Hill emphasised that the new centralised assessments were not intended to instantly resolve all diversity issues. Instead, he highlighted the broader concerns of attracting individuals to the legal profession and making the legal career path universally appealing. Hill identified existing working practices within law firms, such as informal strategy planning in exclusive settings, as hidden barriers for individuals from diverse backgrounds. He called for increased transparency in progression and promotions, urging a re-evaluation of how seniority is perceived in the legal profession, emphasising the need for a more sophisticated model that captures the diverse richness of professional experience.

A recent article in the Law Gazette similarly highlighted that whilst the intake of trainees from a mix of racial, gender and socio-economic backgrounds has improved in recent years – the legal profession still faces huge challenges in retaining its diverse cohort – especially when it came to a seat ‘at the top table’ and making DEI a strategic management decision.

How Diverse Is the Legal Profession? Current State of Play

According to the latest data published by the Solicitors Regulation Authority (SRA) in the United Kingdom at least, there has been a slow but steady increase in diversity among all lawyers since the previous survey in 2021, although there is still some way to go with certain diversity groups and categories.

Ethnic lawyers constitute only 18% of the law firm lawyer population, and the disabled make up just 5%, in contrast to the 14% representation in the overall UK workforce. While there have been some advancements in the US, similar patterns have emerged; the National Association for Law Placement (NALP) citing that although 28% of law firm associates belong to minority groups, only 11.4% ascend to partner positions.

While the lack of diversity and equal opportunities remains a significant topic of discussion in the legal industry today, it is not a new challenge. In fact, calls for enhanced diversity date back to 2008. As awareness among legal professionals regarding the significance of working for firms that advocate diversity increases, coupled with a growing client demand for Diversity, Equity, and Inclusion (DEI), the question looms: How will law firms choose to address this issue?

DEI – A Recap

Diversity, equity, and inclusion (DEI) is a term used to describe policies and programmes that promote the representation and participation of different groups of individuals, including people of different ages, races and ethnicities, abilities and disabilities, genders, religions, cultures, and sexual orientation.

Its significance in achieving long-term corporate success cannot be understated, as it forms an integral part of the firm culture that employees will be reliant on to achieve optimal performance. A good way to understand its role in business is to consider the following analogy depicted by former Chief Diversity Officer at the University of Michigan, Robert Sellers:

• Diversity is where everyone is invited to the party
• Inclusion means that everyone gets to contribute to the playlist
• Equity means that everyone has the opportunity to dance

This metaphor is an apt way of describing how DEI policies are to work in practice. The CIPD confirms that while U.K. legislation sets minimum standards overlaying disability, race, religion, sex, and sexual orientation, among others – an effective DEI strategy goes further than being legally compliant. DEI implementation is meant to unite the best interests of both employee and employer by supporting and promoting the wellbeing and engagement of the former, which in turn adds increased value to the latter.

DEI and Business Growth

The business case for diversity has been well-documented since the McKinsey reports produced on the topic in 2014. Their latest published report still confirms that the case remains strong, with a few key findings indicating that the connection between diversity on executive teams and financial outperformance has only strengthened over time. Some of them include the following:

• Companies with more than 30 per cent women executives were more likely to outperform companies where this percentage ranged from 10 to 30, and in turn, these companies were more likely to outperform those with even fewer women executives or none at all
• A substantial differential likelihood of outperformance—48 percent—separates the most from the least gender-diverse companies

All encouraging signs that show what is possible with enough support and focus.

However, while there is a profound awareness of the need to step up efforts in DEI, this growing imperative is not reflected in practice. The NALP Foundation for Law Career Research and Education revealed in 2021 that the overall attrition rate for associates was as high as 34% among legal professionals of colour. This was further corroborated by a research paper released by Thomson Reuters institute, which showed that women, minorities and LGBTQ+ associates represented the biggest flight risk for firms. Considering these are also groups that were found to struggle the most during the pandemic, this signifies a serious lack of impetus and action on the part of employers to foster a diverse and inclusive workforce.

While it is indeed logical to assume that law firms do want to attract diverse talent, based on the data previously mentioned and the skills shortage problem many are contending with, it does not take away from the fact that barriers to progress still remain among minority groups and that the homogeneous and straight-and-narrow way of recruiting is very much still a prominent amongst legal employers, which is in turn affecting their ability to attract and acquire the talent they need.

Demand For DEI Initiatives Driven By Workforce

Interestingly our changing workforce increasingly wants to join teams that embrace diversity. A post last year on the LinkedIn talent blog revealed that employers that posted more about diversity received 26% more applications from women for example.

This data backs up The Psychological contract concept that first emerged in the 1960s related to our beliefs and expectations of our employers, confirming that employees want to work for employers with good practices where they also feel valued.

According to research from US firm, Eagle Hill Consulting circa 53% of workers stated that a company’s diversity, equity and inclusion (DEI) initiatives play a key role in their decision about where to work. Yet only 29% of employees say their current employer has taken additional action to demonstrate a commitment to DEI in the past six months.

Fairness and equality are becoming ever more important amongst the Gen Z demographic cohort specifically – with research demonstrating that 77% of Gen Z consider it important that their company supports diversity.

Similarly, the latest research from YouGov, which looks specifically at attitudes of employees in Great Britain on the topic of DEI, found that two-thirds of working Britons (66%) said that the acceptance and inclusion of employees of all backgrounds is important to them when considering job opportunities – especially since a ‘substantial proportion of respondents’ had faced some sort of discrimination in the workplace themselves.

Looking specifically at the role of DEI in recruitment terms, Sandra Kerr CBE (race director of Business in the Community), pressed the point that businesses don’t “underestimate the importance of strong diversity and inclusion policies for jobseekers”. She also pointed out that “employers could miss out on potential talent if they do not ensure that people from all backgrounds have the opportunity to grow and progress at their organisation,”

A stark warning indeed – particularly given the ongoing challenges around hiring talent and other variables such as a skills shortage and inertia to contend with.

Developing Your DEI Strategy

So, where do you start when it comes to developing a DEI strategy for your law firm? Conducting a sense check on your current practice is always a good idea, especially in light of remote and hybrid teams.

There is a well-versed quote from the personal development world that what you focus on grows. The converse is true. Perhaps the last couple of years have meant DEI, and its implementation has taken a back seat in your firm. We know from the latest headlines that the defined role of the ‘Chief Diversity Officer’ is waning, and there is more generally an exodus of DEI practitioners in businesses across all sectors.

And whilst this may, in part, have been driven by recessionary pressures or simply attrition, companies do concede that DEI in the workplace is still ‘mission critical’.

As recommended by Stephen Covey, the start needs to focus on the ‘end’ that the business has in mind. Assess your current state and where your desired state will be.

Your overall strategy needs to cover patterns in your ‘workplace’, whether that be remote or hybrid working; communication, both the what and the how; your L & D process and finally, how you will review your progress as you reinforce that your firm is the inclusive place to develop the legal career of it’s people.

Creating a more diverse and inclusive culture within law firms requires deliberate actions. Here are some strategies to consider:

1. Recognise and Counter Bias – Promote self-awareness among team members by providing training on recognising and countering bias. Encourage reflection and learning about each other’s backgrounds, circumstances, and personal stories. Regular gatherings, whether in person or virtual, can facilitate open discussions and promote a more inclusive environment.
2. Foster an Inclusive Internal Culture – Establish a culture that encourages open conversations about diversity and inclusion. Create opportunities for diverse groups within the firm to have a say in developing solutions. Have a clear plan in place to address bias and diversity issues, ensuring that every employee feels safe and heard.
3. Embrace Inclusive Leadership – Leaders within the firm should embody inclusive practices and lead by example. Encourage leaders to listen to diverse perspectives and create opportunities for marginalised groups to thrive. Inclusive leadership sets the tone for the entire organisation and fosters a culture of diversity and inclusion.
4. Utilise Data to Drive Progress – Measure the success of diversity initiatives by tracking relevant data and metrics. Setting clear metrics and goals allows firms to assess what is working and what needs improvement, and ultimately makes them accountable – especially when shared with all staff throughout the firm in question.
5. Create an intentional hiring plan – If your goal is to foster law firm diversity and inclusion, then there must be a laser sharp focus on how this is considered when it comes to hiring new talent for your firm. The plan in question should, of course, fully align with your vision and objectives, but also needs to consider any potential for implicit bias when screening and evaluating candidates for the role(s).

On that last point, research from Resources For Employers highlighted that 56% of the Business and HR professionals surveyed said they did have initiatives relating to DEI in their recruitment strategy. And, whilst 24% said they didn’t, there were plans to put these in place.

The benefits of DEI in recruitment are clear, although implementation can be challenging. There may be unconscious bias at play, a general lack of diversity awareness within the hiring team or senior management, inconsistent measurement or evaluation, or simply a resistance to change.

Collaboration and partnership with a legal recruitment specialist may offer some assistance here – especially one that has a good understanding of your market, practice area, and region, and who has an extensive network of engaged candidates to approach about your role(s). Recruitment consultants can offer meaningful steps in the process including screening and helping to craft job descriptions for optimum success, and those worth their weight in gold will also abide by ethical recruitment practices and standards to ensure the highest standards of professionalism, fairness, and transparency is key.

Conclusion

The importance of Diversity, Equity, and Inclusion (DEI) in the workplace cannot be overstated in today’s globalised and diverse workforce. A commitment to DEI not only aligns with ethical principles but also brings numerous benefits to organisations, including improved innovation, employee satisfaction, and overall business performance – as well as in the attraction and retention of top talent.

Diversity, Equity, and Inclusion are not just buzzwords or indeed an acronym to promote and mention on the company website. They are essential components of a thriving and forward-thinking legal firm who understands that they must actively embrace these principles to ensure a fair, just, and representative legal landscape more widely. By adopting inclusive practices, fostering diverse talent, and committing to continuous improvement, law firms can lead the way in promoting a more inclusive and equitable future for the legal profession in the United Kingdom.

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and has built up an enviable reputation for trust and reliability during that time. We have made over 5,000 placements from Partners to Legal Executives, Solicitors to Paralegals and Legal I.T. personnel to Practice Managers.

If you are building your legal team or looking for your next career move, we can help. Call us on 01772 259 121 or email us here.

For career-minded legal professionals, performance reviews are an essential part of working life – helping to identify training needs, opportunities for development, ensuring output and objectives are being met, and focus on the next steps and milestones on their career path. 

Before we dive into the tactical side of performance reviews from your perspective as a legal professional, it’s important to understand what a performance review is and why it often goes hand in hand with career planning. This will give you the foundation to use your review more effectively to drive your results, and sense check continually, your progress to the next steps in your legal career.

What is a Performance Review?

A performance review is a two-way conversation between your direct manager and you about your: 

• performance impact, 
• results, 
• development, 
• and growth; 

related to the objectives you were set as part of your onboarding and review process when you joined your firm or each year at annual appraisal time. 

Depending on the size of your firm, it is often a key component of a wider performance management strategy. 

Traditionally, performance reviews have occurred once a year and have focused on evaluating past performance, although many businesses these days tend to have more regular meetings just to make sure everything is on track as you move through the year, and offer the chance for feedback, be that positive or developmental.

The reality is performance conversations can help you improve your performance when both you and your manager engage in the process.

So, let’s look at the benefits of engaging with the performance review process >>>

How Performance Reviews Can Directly Impact Your Performance

Why are performance conversations important? Because they have a significant impact on your success and that of your company too.

Discussing performance isn’t always easy. It may be tough for managers to give feedback, especially if that feedback isn’t as positive as you would like – and more than likely, even harder for you to receive it.

However, a performance review with both parties engaged in the process can make an enormous difference for all concerned.

• It helps you review your objectives and goals – and progress against these.
• It is an opportunity to ask for help with any challenges you face should you need it
• It is an opportune time to get feedback on your work from your direct manager – both positive as well as constructive to help you improve and get even ‘better’ at what you do.

Knowing all the benefits a performance review can bring you as a respected legal professional in your organisation, how can you prepare?

Preparation Is Key

It is worth noting at this juncture that not every line manager you work with will be perfect, especially when it comes to conducting a performance review(this in itself is a discipline that requires training, learning and refining).

The good news is management training has improved dramatically over the last few years, and most managers are better at what they do and are open to receiving feedback from their team on their performance too.

Something to consider as you prepare; your manager is a human being. Today,we all are part of a workplace where everyone is expected to ‘achieve’more because of our available resources.

Your manager is likely to be spinning multiple plates, of which running performance reviews is just one thing on their to-do list; remember they have performance objectives to achieve from their manager in the same way you do.

Come to the review process with the thought that we are all doing our best to achieve the success we all want, and you might be surprised how your performance review proceeds.

In brief, preparation should:

1. Start With The End In Mind

Preparation and planning are the cornerstones of achieving an exceptional performance review.

The well-known leadership author Stephen Covey authored The 7Habits of Highly Effective People – first published in 1989, but still popular today and well worth a read..One of the habits he shared through his research of effective people was to decide what you want to achieve first and work back from there.

Let’s say you are a solicitor who wants to become a partner within your firm. What will you need to demonstrate consistently over the next few months and longer to establish that you are the ideal person for the role?

Achieving your performance objectives will be your first starting point.

You may be reading this report from a different period of your own review process. The key thing to remember is to make sure you know what exceeding and achieving means when it comes to the objectives you have been set.

As an employee of your current company, you will have specific performance objectives to hit and values and behaviours to demonstrate.

The challenge for many people is that they take their objectives at face value without thinking through a plan to achieve or exceed the objectives they are set.

If you aren’t sure of the detail around howto achieve something,talk to your manager, especially if you are new to the firm.

It’s the same when it comes to values and behaviours your company want to see you demonstrate.

Our values and our behaviours drive our actions which drive our results.

For example,the following behaviours might be championed and desired within your law firm >>>

• Accountability
• Flexibility
• Transparency
• Proactivity
• Professionalism

It’s important to understand how you can demonstrate and verbalise how you demonstrate these behaviours with examples if you can. I.e. how can you show you have acted proactively as part of your role, and how can you demonstrate professionalism?

2. The Devil Is In The Data

You have put in the demanding work of planning and prioritising what you need to do to hit your objectives. The next key step is to document evidence of what you are doing and the results you are achieving.

We tend to get diligent about tracking our wins when it’s time to ask for a pay rise. Unfortunately, not everyone takes a disciplined approach to writing down their accomplishments throughout the year.

Start a list, and jot down things that you do well and are achieving as they happen.

Be specific: Did you successfully win a new client, deliver an important presentation to senior partners, offer a helping hand
when a co-worker was swamped, or get a record number of caseloads over the line?

Write it down as you go so that you don’t have to scramble to find examples the night before your review.

3. Ask For Catch-Ups In Advance

In most roles, your line manager is not with you every second of your working day, or rather, monitoring your workload every second. If you do not have regular catch-ups where you are open about how everything is going in your legal role, they will not have the detail at the level you do.

You may or may not have regular catch-ups/mini-reviews with your manager. If regular reviews are not commonplace in your company, be bold and ask for interim conversations. They don’t need to be a formal affair,though they will demonstrate your commitment to the role to your manager and to the wider business.

The beauty of interim conversations like this means that you consistently review past performance so that tweaks can be made and results are achieved. There is nothing worse than turning up to a review and discussing something you didn’t understand or were annoyed about that happened eight months earlier.

4. Be As Prepared As Your Manager

Depending on whether you have managed people yourself, a fact to be aware of is that your manager will appreciate the enthusiasm, honesty, and positivity you bring to the process.

Ask ahead of time for an agenda,the review time frames, and what will be discussed. If this is a more formal yearly review, you should expect and plan in time to prepare.

Your preparation ahead of time and the data you have collected can now be aligned to reviewing your objectives, behaviours, and future goals.

As a rule, your manager will take the lead and ask questions. Here are a few examples of questions they might use >>>

• What results from last month/quarter/year are you most proud of?
•  How did you achieve X, Y or Z?
• What do you think you could improve on?
• What will you stop, start, and continue next month?
• Tell me more about what happened with A, B or C?
• What roadblocks are in your way?
• What impact has your performance had on the company?
• How can I support you as your manager?
• How have you demonstrated our firm’s values of X, Y, and Z?

Many managers we work with as legal recruitment specialists will share their disappointment that team members don’t answer the questions they have been set about their performance or avoid going into detail about their highlights, challenges and what has been happening for them in their role.

5. View All Feedback As A Gift

Some people will no doubt think there is irony in this phrase, yet the truth is how can we improve unless we are given both motivational and development feedback on how we perform, what we are doing well that we could do more of to get better?

Mastering the art of receiving feedback is one of the most important things you can do as a human being.

Receiving praise and recognition is fantastic, and hopefully, your review will have this as its main theme.

However, as human beings,we live in a world where mistakes happen, and it is always a good idea to own yours and share them with your manager.

Ahead of your review, here is a suggestion to make your feedback session run well—document everything you want to share >>>

• What you are doing well and your standout achievements
• Your challenges
• What went wrong for which you were accountable
• How could you improve in your role?
• Your development and training needs
• Ideas you have to improve your own and the firm’s results in the future

6. Ask Questions & Take Notes

Performance conversations should be two-way, so make sure you ask questions and take notes. When your manager makes suggestions on improvements you could make and what you are doing well, write them down.

When it comes to questions, there are a few commons ones that will flow naturally throughout the conversation; if they don’t, make sure you ask them at the end.

• What do you think were my highlights?
• What am I doing well, and where could I improve?
• What does the future hold for me here?Are there opportunities for growth and progression?
• What projects could I be involved with?
• What additional training do you think I need?

You may also wish to use the meeting to talk about about compensation, benefits and work flexibility. Whilst, as the name suggests, the meeting is designed to revolve around your‘performance’ against your goals and objectives, you may also wish to ask yourself ahead of the date:

• Am I being underpaid for my current role or could the changes in the market mean I could earn
  more? Does my performance impact this?
• If I want to develop and grow, will my employer support these ambitions? Or, do I need to make a
  move?
• Realistically, I can deliver the objectives of my role working from home or in a hybrid role, so will my
  company be flexible?

All good questions to ask, which takes us back to the start of the guide; decide what you want now. We are in a unique hiring market at the moment, and as a high performing legal professional, you have many options open to you,which starts with a conversation with your manager.

As an experienced legal recruiter, we ask all the candidates who come to us for career advice if they have discussed what they want with their current manager first. Performance reviews are as good a vehicle as any to have open, frank conversations about not only your performance, but also where this puts you on your career path more generally.

A recent article by LifeLabs Learning focuses on the ‘paradigm shift’ in the world of performance reviews,where the objective has moved from‘correction or reward’ to amore holistic review of progress whilst also monitoring general engagement, putting career aspirations at the centre.

Whilst they can be daunting, reviews should also be viewed as an opportunity to shine – highlighting your achievements and ways you have met or exceeded your objectives. They also give you the chance to look at the future,talk about your ambition, and those all important next steps.

And, Finally

It goes without saying that if conversations about your future career with your current employer are leaving you feeling a little underwhelmed, it may very well be the turning point to consider your options more widely.

Wherever you are in your career journey, it is a good idea to periodically analyse your current position depending on where you want to be.When you dig a little deeper, is everything on track and working out as you expected?Or do you need to make some changes in order to meet your goals?

To help you measure if your legal career is progressing as you envisaged when you started out, we recently created a simple checklist to provide you with a snapshot of whether you’re on the right track.

And, if the results have prompted you to think harder about what your current role and company are providing you with, and perhaps made you realise that now is time for a change, then get in touch with Clayton Legal today. Our experienced team can help you in deciding what step to take next to further your legal career, and back on track with your own ambitions and goals.

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and during that time has built up an enviable reputation for trust and reliability. We have made over 5,000 placements from partners to legal executives, solicitors to paralegals and legal IT personnel to practice managers.

If you are building your legal team or looking for your next career move, we can help. Call us on 01772 259 121 or email us here.