By James Simons-
The Bar Council has re-iterated the need for rules on fair allocation of work to be tightened to prevent racial or gender bias in the profession.
In the wake of allegations that an Asian barrister was dropped by a solicitor on the instruction of a client, top bosses of the bar council have stressed the importance of making sure barristers are not picked on the basis of gender or race.
The Bar Standards Board (BSB) was responding to its latest consultation on its most recent strategic plan, the representative body said a ‘reconsideration’ of the regulator’s approach on work allocation might be warranted. ‘Our experience is that these rules are not having the desired effect,’ the council said. The BSB Handbook says chambers have an ‘obligation of fairness’ in presenting names of barristers for consideration by instructing solicitors.
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The council added that the BSB should ensure allocation of work reflects the general population and make up of people entering the profession. The fresh insistence comes after Afghan barrister Rehana Popal complained that an instructing solicitor had told her that their client wanted a ‘white male’ barrister. The request caused shivers among those who heard about it in the legal profession. This led to the Law Society insisting that solicitors must not be allowed to refuse their client’s instruction if it breaches their code of conduct. The Solicitors Regulation Authority’s Code of Conduct is clear that solicitors must not discriminate unlawfully in the course of professional dealings and must provide services ‘in a way that respects diversity’.
A reliable source from the Law Society told the Eye Of Media.Com on the basis of anonymity that there is a feeling among some litigants that if a black or Asian barrister represents them, their chances of success will be drastically reduced. The white lawyer in her early 30’s said: ”It is a shame and a sad reality, but there is a preconception among some clients that an ethnic barrister will be discriminated against by a judge or jury, based on their colour. A more frightening reality is that there is a subjectively factual basis for saying that some judges or jury could have negative stereotypes in their mind that falsely tell them that solicitors or barristers are less capable than their white counterparts, but this couldn’t be further from the truth.
Both solicitors and barristers are selected on merit, and I have seen solicitors and barristers from minority groups who have displayed higher level of intellectual and legal acumen than their white counterparts. Legal competence purely depends on the individual level of competence and their acquisition of legal skill and written and verbal delivery. The emphasis made by the Bar Council is very positive and emphasises the importance placed on inclusion and diversity in the legal profession”.
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Popal- the first female practising Afghan barrister in England and Wales- immediately posted on Twitter after the incident: ‘Great to know that no matter what you do in life, you’ll still be judged by the colour of your skin and gender.’
The Bar Council’s consultation response adds: ‘Given that the diversity profile of entrants to the profession is broadly representative of the population arguably the bulk of regulatory attention on diversity should be focussed on progression and reviewing/ensuring existing regulation is fit for purpose in addition to ensuring compliance with pre-existing regulation. We urge the BSB to consider reviewing the effectiveness of the rules on the fair allocation of work.’
The council plans to implement a sustained level of awareness to address high levels of bullying, discrimination or harassment.
The BSB’s three-year strategic plan (2019-2022) states as its aims: ‘delivering risk-based, targeted and effective regulation; encouraging an independent, strong, diverse and effective legal profession; and advancing access to justice in a changing market.
Image: nonchambers.co.uk
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