A new report into racial inclusion within the Scottish legal profession has revealed “shocking” testimony from ethnic minority solicitors on discrimination.
Researchers from the Law Society of Scotland heard that black, Asian and minority ethnic (BAME) lawyers are often assumed to be the accused or an interpreter at court, while one senior BAME member told how a sheriff kept calling him by the name of a famous Pakistani cricketer.
Others also told of suffering racist comments from fellow law students, colleagues, managers and clients, as well as on social media.
The report by the Law Society’s Racial Inclusion Group revealed that two-thirds (66%) of BAME members surveyed said they had experienced some form of bias, either while studying or as a legal professional.
While there is a trend towards increased diversity and inclusion within the profession, researchers found that this was not across all minority ethnic groups and not at more senior levels.
The report makes a total of 60 recommendations to address the issues and promote further inclusion, including that the Law Society and other justice sector organisations critically assess their processes to ensure potential bias is eliminated.
It also calls on people within the profession – including senior figures – to call out racism and bias and report it where appropriate.
Ken Dalling, president of the Law Society of Scotland, said: “The Racial Inclusion Group’s report and recommendations should be read by all in the profession.
“There is good news within the report, including that the diversification of the profession appears to be quickening, although not at senior levels yet.
“However, there are parts of the report that will shock and upset many members, particularly the personal experiences of ethnic minority members and the many indignities they face at work.
“That shock must turn to action for all in the justice sector, including ourselves at the Society. The group’s recommendations are excellent starting points, individually and as organisations, to begin to answer the question ‘what will we do to make change?’”
The Law Society has created an action plan to accompany the report which sets out 24 points to help improve inclusion. These focus on inspiring the next generation of BAME solicitors, leading the profession to adopt inclusive recruitment practices and using the data in the report to promote awareness and change across the sector.
Mr Dalling added: “We at the Law Society care passionately about the future of the profession and our action plan is our initial response - one we will add to, and report on, over time. This is not the end of our work, rather a statement of renewed intent with the acknowledgement that we will do more in the future.”
The inclusion report found that access to minority role models, mentoring networks and better funding opportunities are needed to help achieve more diversity throughout the profession.
On the discrimination suffered by BAME solicitors, the report quotes one senior lawyer as saying: “Misidentification happens. You call someone Jim when their name is John, but for people from ethnic minority backgrounds it just happens a bit too often.
“When I was trainee a sheriff kept referring to me by the name of a famous Pakistani cricketer. Would he have called a white solicitor Mr Botham or Mr Flintoff?”
Others also said that they regularly experience racism from their clients, but, as funding is so tight, it is often not called out in fear of losing work.
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