Justice for ethnic minority lawyers

London Green councillor Maya de Souza, today raised concerns at the conclusions of a report showing the disproportionate targeting of black and asian lawyers by the Solicitors Regulatory Authority.

Councillor de Souza has represented Highgate ward in Camden since 2006 and is a member of the government’s 14-strong Black, Asian and Minority Ethnic Women Councillors’ Taskforce. The taskforce was set up earlier this year to develop practical ways to encourage women from minorities to become councillors and champions of their communities. She is also a qualified solicitor.

The report, published by Lord Ouseley on 14th August, is the result of an independent review commissioned by the SRA in response to data published by the Law Society in 2006. This showed that black and minority ethnic lawyers were disproportionately affected by regulation.

Councillor de Souza’s response concludes that the report released today highlights the continuing presence of discrimination in many areas of society, and that much work is still needed before organisations like the SRA can claim to be truly fair and even-handed.

She says: "I hope to see the Law Society, the SRA and organisations representing BME solicitors work together to tackle these problems and show other organisations what can be done."

Councillor de Souza’s response:

"The Ouseley Review found ‘evidence of some stereotyping’ within the SRA, which led to an assumption of guilt in respect of lawyers from some communities even before an investigation had begun. It also pointed to the focus of regulation on sole practitioners (a higher proportion of black and asian lawyers are sole practitioners) as a reason for this discrimination.

"It found evidence of a greater proportion of BME solicitors referred to the Solicitors Disciplinary Board, a greater proportion of cases where a decision was made to intervene in the practise and a disproportionate number barred from student applications or admission to the roll.

"While making clear its findings of institutional racism, the report also makes a broad range of recommendations to help elminate this, from applying equality and diversity strategies to working with the Law Society to develop better systems of support and guidance.

"The upside of this review is that it’s clear that the public sector equality duties, which have led to impact assessments being carried out, are leading to proper investigation of practises that would previously remain hidden – something that members of the public suspect but cannot establish.

"It also reveals how affected we all are by stereotypes of different communities and how this affects the ability of people to be scrupulously fair. This is something that we in the UK pride ourselves on and I hope that this report will lead to consideration as to how we can surmount this problem if we are to be a fair multi-cultural society.

"For the legal profession it also raises other issues – why do more ethnic minorities become sole practitioners? What are the barriers to them achieving success in larger firms and how can this be tackled? Do sole practitioners require greater assistance and support?

"This issue of support and guidance is of increasing importance as fees for legal aid practitioners are cut and lawyers in this sector, who are disproportionately BME, will have to operate on lower incomes.

"There is a lot more work to be done to address these issues as well as the disproportionate representation in certain aspects of work of the SRA. I hope to see the Law Society, the SRA and organizations representing BME solicitors work together to tackle these problems and show other organisations what can be done."

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