Young Hamer Consultants
The views of organisations representing equalities
groups on the Law Society of Scotland’s role in
promoting equality and diversity in the legal profession
September 2014
Young Hamer Consultants
32 Bellevue Road
Edinburgh EH7 4DB
Tel: 07939 082274
[email protected]
www.younghamer.co.uk
Young Hamer Consultants
1. Background And Methodology
The Law Society of Scotland’s consultation on a new Framework of Equality and Diversity
Standards, launched in July 2014, highlights the Framework’s origins in the Society’s
Equality and Diversity Strategy 2011–2014. The parallel consultation performed with
organisations representing equalities groups gave an opportunity to prompt these
organisations for their views on the Law Society’s promotion of equality and diversity within
the legal profession.
During each structured, qualitative, interview those consulted on the Framework were asked
three additional questions to help establish their priorities for action around equality and
diversity. It was intended that this would feed into the development of the next Equality and
Diversity strategy. This short report provides a summary of the responses; a list of those
consulted is included in the appendix.
2. General Points
Interviewees’ level of awareness of the Law Society of Scotland, and their ability to
contribute to these questions, correlated strongly with them having a legal education. They
were not asked about their education but information volunteered by interviewees showed
that:

Five held a law degree, or a degree with a law element or were about to begin a law
degree

One was about to enter a traineeship

One had spent time after obtaining a law degree at what is now the Judicial Institute
for Scotland

One had practiced as a solicitor and remained a member of the Law Society
Knowledge of the Law Society, and the wider legal profession, was poor amongst those
without legal education. This particularly affected their ability to answer the question below.
3. Views On The Law Society Of Scotland
Interviewees were asked the following question: ‘Do you believe the Law Society of Scotland
has a history of exerting positive influence on solicitors, particularly in relation to equality and
diversity?’
The answers were as follows:
Yes:
‘It tries’:
Neither yes nor no:
‘Not very much’:
No
Couldn’t say:
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3
2
1
1
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Three interviewees believed the Law Society faced a challenge in exerting positive influence
on solicitors when it is their ‘trade body’ and they are its funder. One of these interviewees
recognised that the Law Society had made progress on equality and diversity and was
attempting to be responsible, as evidenced by the two policies currently in place.
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One interviewee believed that the Law Society had influence over the profession and had
made visible attempts to address low awareness levels of the issues facing people with their
protected characteristic. Another felt that this was not the case, and that there had been a
failure to address ignorance and discriminatory attitudes within the legal profession.
The Law Society’s willingness to engage in dialogue on public policy issues was noted, as
was the value in its previous research into equality and diversity within the profession.
A number of interviewees called for the Law Society’s work, particularly that relating to its
promotion of the public interest, to be better publicised. Interviewees particularly referenced
the positive value of programmes such as the Scottish Solicitors’ Guarantee Fund, the
Scottish Solicitors' Discipline Tribunal and the Scottish Legal Services Trust.
4. Views On the Focus Of Future Equality And Diversity Work
Interviewees were asked the following question: ‘The Society is also developing its next
three year plan for equality – rolling out this new framework is one key target, but do you
have other ideas for what they should focus on in relation to their own functions or that of law
firms?’
Representatives of three organisations did not offer suggestions. The responses addressing
diversity in the profession were as follows:

Work on access to the profession: engage with universities and colleges to help
show the legal profession as a welcoming place for those with protected
characteristics and look at methods of ensuring access for those on lower incomes.

Focus on workforce issues in the legal profession: it was still seen as dominated by
certain social groupings to the detriment of its ability to engage with people with
protected characteristics.

Focus on demonstrating leadership by demonstrating good practice in relation to
equality and diversity within the Law Society.
The responses addressing Continuing Professional Development were as follows:

Increase the provision of training on equality and diversity issues.

Develop professional practice through work with the Solicitors for Older People
Scotland group.

Look further at the dignity at work agenda, and the development of ‘soft skills’ by
those in the profession.
5. Views On Specific Action By The Law Society Or Legal Profession
Interviewees were asked the following question: ‘What other actions do you believe the Law
Society, or the wider legal profession, could take to address the issues affecting older
people?’
Representatives of two organisations did not offer suggestions. The actions proposed for the
Law Society were as follows:
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
Address the accessibility and quality of legal services by working closer with public
sector and voluntary sector advice providers who, due to the poor availability of Legal
Aid, are often at the ‘sharp end’ of addressing need.

Develop awards focussing on social welfare law, similar to those for conveyancing
firms etc.

Look at the representation of those with protected characteristics within the staff of
the Law Society.

Engage further with children and young people’s organisations, and with children and
young people themselves, in relation to law reform activity.

Work directly with disabled people to ensure information is fully accessible and that
law firms adopt a standardised disability equality training programme.

Conduct research into access to justice for people in lower socio-economic groups
and respond as required.

Address the issues highlighted in the Law Society’s submission to the Scottish
Parliament Equal Opportunities Committee ‘Women and Work’ enquiry 2013.

Develop an equality and diversity ‘charter mark’.

Develop the functionality around searching for a solicitor with a specific skill to enable
a search for a solicitor specialising in a protected characteristic.

Sign up as a Stonewall Diversity Champion.
The actions proposed for law firms were as follows:

Law firms should take the opportunity to promote their role in supporting children’s
rights more explicitly.

Law firms should increase their knowledge of trans people, make a clear statement
on their website of their commitment not to discriminate in the provision of legal
services

Law firms should make an explicit statement that they welcome trans applicants for
roles.

Law firms should work closely with Stonewall Scotland to develop good practice and
to demonstrate that they are lesbian, gay, bisexual, and transgender (LGBT) friendly.
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Appendix: Organisations And Interviewees
Organisation
Representative
Age Scotland
Derek Young, Policy Officer
Citizens Advice Scotland
Susan McPhee, Head of Policy and
Communications
Children in Scotland
Marion Macleod, Policy Manager
Coalition for Racial Equality and Rights
Jatin Haria, Executive Director and Carol
Young, Policy and Information Officer
Interfaith Glasgow
Michael Wilson, Acting Manager
The Poverty Alliance
Peter Kelly, Director
Scotland's Commissioner for Children and
Young People
Nico Juetten, Parliamentary Officer
Scottish Disability Equality Forum
Susan Grasekamp, Chief Executive Officer
and Robert Ferguson, Disability Access
Officer
Scottish Transgender Alliance
Nathan Gale, Development Officer
Scottish Women's Aid
Louise Johnson, National Worker - Legal
Issues and Nel Whiting, Learning &
Development Worker
Stonewall Scotland
Colin Macfarlane, Director
West of Scotland Regional Equality Council
Razaq Mohammed, Chief Executive of
WESREC, Bushra Iqbal MBE, Living Equality
Project coordinator and Mrs. Nighet Riaz,
PHD student and member of WESREC’s
Equality Response Forum
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