Reading time: three minutes

After graduation, many of us are transitioning into a new chapter of our lives. Thus, it is natural to feel a mix of emotions, albeit excitement, anxiety, and uncertainty. The legal profession is inherently competitive, and to ascertain the path you intend to pursue can be challenging and daunting. With a systematic approach, and time, you can ascertain the opportunity that’ll prove to be a stepping stone for your career aspirations.

It is important to keep in mind that the legal market, like other markets, are competitive. According to statistics published by the SRA, there is approximately 156,976 solicitors that currently hold practicing certificates.

Click here for the statistics: https://www.lawsociety.org.uk/career-advice/becoming-a-solicitor/entry-trends

Determine your career goals

The job market is heavily saturated with law graduates; therefore, it is imperative to plan, strategise and persevere through the hurdles and setbacks. Prior to diving into the job market, reflect on the career you want to achieve. Consider the type of law you want to practice, or a specific area or sector that may be more niche. Perhaps, you intend to pursue a career in-house as opposed to private practice at a traditional law firm. Clarifying your goals and career aspirations will help you narrow down the job search and equip you with knowledge that’ll prove helpful in making informed decisions.

Expand your professional network

Networking is crucial in the legal profession for several reasons. It may be daunting, but utilising LinkedIn will allow you to connect with professionals across the industry that may provide you with insights. It is important that you connect with your alumni from law school, or university. By building these connections, and expanding your profile, it may lead you to new people, opportunities, even mentorship. When using LinkedIn, don’t be afraid to reach out to new people in your desired field.

Utilise the services available to you

After graduating, many universities enable you access to their career services, or employability portal. By utilising the services available to you, you can make appointments to have your CV, cover letter, vacation scheme, training contract and pupillage applications reviewed. The employability portal can be of great use, there are many job postings and events you can view and attend.

Consider recruitment agencies

Recruitment agencies can be a valuable resource for recent graduates. These agencies have established relationships with law firms and organisations, providing exclusive access to job opportunities, postings, and more that may not be advertised so publicly. Moreover, recruiters can offer great guidance on building your CV, improving it, interview preparations and more.

Some popular recruitment agencies include:

• https://www.ryderreid.com/

• https://www.fortelegal.co.uk/

• https://www.ejlegal.co.uk/?source=google.com

• https://www.careerlegal.co.uk/

• https://evolution-law.com/

Tailor your application material

When researching firms and organisations, it is important that you align your application materials to the desired role. By tailoring your application material creatively, you can highlight your relevant experiences and transferrable skills to the job.

Stay proactive and be adaptable

During this interim period, it is normal to face setbacks and rejections. It is important to remain proactive on LinkedIn, research on various firms and organisations, and expanding your skill set and experiences. The legal profession is constantly evolving, especially due to the usage of AI, streamlining operations and increasing efficiency in the workforce. Therefore, applicants should remain open to learning new skills, overcoming challenges, and adjusting to these circumstances.

Stay organised and celebrate your progress

It is pertinent to stay on top of the job applications you’ve completed. It can be helpful to keep track of these applications by creating a spreadsheet to ensure that you are wary of the relevant deadlines, additional tests, and the overall outcome of your applications. This may be helpful when you receive a phone call or an email from a recruiter or a potential employer regarding your application.

It is normal to receive rejection during your job search. It is not going to be easy but try to remain motivated to surpass this hurdle. Celebrate your small wins, e.g. when you pass the initial screening stage by a recruiter or land an interview with a hiring manager. It can be a good reminder that these are all indicators that you are one step closer to landing a job.

Finally

Navigating life after graduating is not going to be easy. It can become overwhelming due to the competitiveness of the legal profession. But by clarifying your career aspirations, expanding your professional network, and reach out to recruitment agencies you are, one step at a time, setting the foundation for a successful legal career.

It is important to remain proactive, organised and motivated during this time. It is not an easy process, due to rejections and setbacks. Therefore, try to keep an open-mind and remain adaptable. Remember – rejection is a form of redirection!

The post Life After Graduation: Tips and Advice appeared first on The Student Lawyer.

Reading time: three minutes

The importance of hiring people with disabilities

Because they are problem solvers, critical thinkers and hard workers. They have to overcome obstacles daily meaning they always have a Plan B. Also, they often have to adapt to challenging situations meaning they are flexible and resourceful as they live in a world that is not made to their needs and they often bring different viewpoints to an issue and think outside of the box, resulting in innovative solutions. These were among the few points that were highlighted at the B.E. Inclusive event hosted by the Chartered Institute of Building (CIOB).

Read this article to learn about legal inclusivity for the D/deaf community: https://thestudentlawyer.com/2024/03/24/legal-inclusivity-for-the-d-deaf-community/

I had the pleasure to join the professional member institutes to discuss how we can promote the employment as well as retention of disabled people. When discussing topics like inclusivity, it is vital that we help and learn from each other which underscores the importance of holding events like these in the first place.

Recruitment, retention and promotion

The event shed light on alarming figures such as how there are 16 million disabled people in the UK with only five million in employment. What’s more, is that the employment gap between disabled and non-disabled employees has changed very little over decades despite relentless campaigning for change. It was suggested that we improve this by focusing on good practice in recruitment, retention and promotion. For example, if the application form is not accessible enough to read or the interview process is more challenging because of a disability, then this is the first barrier to recruitment which must be tackled. To ensure the retention of disabled people in your company, listen to their disclosure of their needs and do your best to deliver. Too often disabled people leave their workplace because unmet needs result in them not being as productive as they can be and so they experience job dissatisfaction.

If you would like to find out examples of what reasonable adjustments you can ask for, read my other article on ‘How to establish a deaf-friendly legal workplace’: https://thestudentlawyer.com/2024/05/06/how-to-establish-a-deaf-friendly-legal-workplace/

Lastly, promotion is critical in order to encourage disabled people to join your organisation andshow that your company is on a disability inclusivity journey.

There is still a long way to go but society has made strides in improvements, meaning employers often want to know how they can provide for employees who face barriers when it comes to accessing the workplace. The first step to improving inclusivity could be enlisting the help of an external person who can look at recruitment procedures and the infrastructure who can advise your organisation on how you can do better. Likewise, awareness days and weeks are incredibly valuable as they offer an opportunity to learn something new about other people’s lived experience which in turn boosts empathy and understanding.

Infrastructure accessibility

It was eye-opening to learn how we can improve our infrastructure to be more accessible and it drew to my attention tothe importance of the solutions-based approach which involveslighting, acoustics and colours when it comes to creating a peaceful and calm work environment. An important point made was that not only will these adjustments benefit the individual in question, but inclusive practice also benefits everyone else in the workplace! Refurbishment of buildings is not about having a large sum of funds; it is about investing the money where it will make the most of a difference.

Read more about whether the legal profession is fit for those with disabilities: https://thestudentlawyer.com/2024/05/01/is-the-legal-profession-fit-for-people-with-disabilities/

Neurodiversity and disclosure

With the topic of neurodiversity, the criticality of disclosing and communicating individual needs was stressed as we need to continually educate those around us. Those who have adjustments at work are more productive which underscores the need to disclose your needs as without giving your employers the information, they can’t help you. A lack of awareness is conducive to inaccessibility. What works well for one person doesn’t necessarily work for another. Also, lighting, sound and smell are components that should be considered in the workplace as well as the layout of desks which can help those with autism, sensory-processing issues etc.

Read more about the legal rights of the D/deaf community: https://thestudentlawyer.com/2024/05/11/an-overview-of-the-legal-rights-of-the-d-deaf-community/

Identifying barriers

I learned of the brand, Purple Tuesday, which works with organisations to identify where accessibility barriers exist across the three pillars:

1. People;
2. Place; and
3. Policy.

I also found their Disability Inclusion Framework particularly interesting which progresses from Awareness, Understanding, Involvement and finally, Engagement. Accountability and leadership are so important but whose responsibility is it? It’s the responsibility of everyone.

Read this article to find out how we can make the British courtrooms more accessible: https://thestudentlawyer.com/2024/07/15/how-do-we-make-our-british-courtrooms-more-accessible/

Moving forward

The biggest tip that I learned today, and would recommend to employers, is to just get started on your diversity inclusion journey! Not only is including disabled people in your company socially important, but it’s also commercially beneficial – if you ignore accessibility, it means you are choosing not to access that market. Organisations should start by looking inward and identifying gaps in their current practices, potentially establishing Employee Resource Groups (ERGs) or Disability Inclusion Networks.

To summarise, our disabilities are an asset, rather than an issue, to companies because we are problem solvers, and what company doesn’t want that?

The post Disability Inclusion in the Workplace: Insights from the B.E. Inclusive Event appeared first on The Student Lawyer.

Reading time: four minutes

What is Pro Bono?

“Pro bono” comes from  the Latin phrase “pro bono publico,” meaning “for the public good.” This refers to providing free legal advice to individuals. Recently, pro bono work has gained increased attention in the legal sector, with firms incorporating pro bono opportunities into their practices, allowing lawyers to contribute meaningfully to the community. Through pro bono work, any lawyer can have a significant impact. Their training, abilities, and aptitudes are highly adaptable to the real-life situations that pro bono clients come across, even if their specialised legal specialisation does not completely match these demands.

Pro bono work by lawyers has a long history; it dates back to the middle ages, when it was frequently the only avenue available to many people seeking justice. In their rules of conduct, the Solicitors Regulation Authority (SRA) and the Bar Standards Board (BSB) in the United Kingdom emphasise the significance of pro bono work.

In 2022, 124 firms reported performing a combined total of 4,950,520 hours of pro bono work, marking a significant increase from 2021, when 126 firms reported their pro bono hours. If participation rates and hours per participant had remained steady compared to 2021, the total reported hours should have increased by about 12.3%. However, the actual increase was only 7.3%.

The numbers show a disparity in potential involvement even with this increase. For example, while Advocate, the Bar’s pro bono organisation, counts 4,500 barristers as volunteers, this number still only makes up a small portion of the 17,252 barristers in the UK. The difference indicates that pro bono activities could benefit greatly from the participation of additional barristers and firms.

Benefits of Pro Bono Work

1. Community Engagement and Reputation

Participating in pro bono work strengthens the bond between the legal profession and the broader community. When lawyers volunteer their time and expertise to assist those in need, they cultivate goodwill and trust within society. This engagement not only benefits the clients receiving help but also bolsters the legal profession’s reputation as a dedicated advocate for the public good. Law firms and chambers that prioritise pro bono initiatives often experience improved public perception and enhanced loyalty from clients.

This positive perception can lead to increased brand recognition and a favourable reputation, attracting new clients and opportunities. Additionally, pro bono service allows lawyers to build their professional reputations.

2. Policy Influence and Legal Reform

A significant factor in influencing public policy and promoting legal reform is pro bono labour. Lawyers who take on pro bono matters are better able to recognise root causes and push for reforms that would help those in need. This influence frequently leads to important judicial precedents and reforms that improve the equality and fairness of the justice system. The growth of laws and regulations that support these objectives is directly influenced by the actions of solicitors and barristers who participate in impact litigation and policy efforts.

The ability of solicitors to provide for the legal requirements of the most underprivileged members of society and the charitable organisations that assist them is improved by a well-run pro bono programme. In addition, it allows lawyers to step in when nonprofits or public interest law organisations are unable to pay for legal assistance, guaranteeing that litigants in public interest get adequate representation.

3. Job Satisfaction and Well-being

Beyond its obvious advantages, pro bono work has the potential to significantly affect legal professionals’ job happiness and general well-being. Many solicitors find that taking on pro bono matters gives them a profound sense of satisfaction and rekindles their passion for the practice of law. It can be immensely fulfilling to positively touch the lives of clients who actually need legal aid. This feeling of involvement and purpose frequently lessens stress and raises general job satisfaction and assisting with retention rates.

Lawyers who feel appreciated and are given new tasks have been shown to stay with their firms, which goes beyond increasing employee engagement. Pro bono opportunities give them the chance to learn new skills, engage with different populations, and feel good about giving back to the community. Pro bono work is a strong motivator for legal professionals to be dedicated to their organisations because it offers the combined benefits of professional development and personal fulfilment.

Challenges

Pro bono work has many advantages, but incorporating it into a practice can be difficult for lawyers and barristers. The limitations on their time, finances, and the needs of paying clients might all make it difficult for them to accept pro bono cases. Although many lawyers have expertise in general civil practice, many restrict their practice to certain areas of law, making their engagement even more complicated by their lack of necessary skills or experience in those areas.

Statistics reveal a concerning trend: one in five lawyers in the United States has never undertaken any form of pro bono service. This figure highlights the ongoing difficulties that keep lawyers from performing pro bono work. The aforementioned time limits, responsibilities to family or other personal duties, and a perceived lack of skills or expertise are some of the main reasons given for this lack of engagement. All of these reasons work against lawyers offering their free legal services to those with limited resources and marginalised populations who want legal assistance which should not be the case in 2024.

1. First of all, it prevents underprivileged groups who cannot afford legal representation access to the court system. These people could find it difficult to understand complicated legal matters or to successfully protect their rights without pro bono assistance.
2. Second, it maintains the gaps that exist within the legal system by giving a disproportionate amount of legal services to those who can afford them, while marginalised groups encounter more obstacles to accessing the courts which is the reason behind we need more to contribute to pro bono work.

Finally

Pro bono work must be included into legal firms despite the difficulties if equitable access to justice is to be ensured for people who cannot afford it. Expanding pro bono projects is essential, as presently less than half of solicitors and barristers are involved in such activities. In addition to improving the legal profession’s standing and public trust, increasing pro bono work demonstrates the profession’s dedication to maintaining social injustices and serving the public interest whilst also enhancing on lawyers skills and putting their expertise in practice.

The post The Importance of Pro Bono in Law appeared first on The Student Lawyer.

Reading time: 8 minutes

This article will examine how the historical context, challenges, and significance of diversity and inclusion (D&I) in jury selection within the UK enhances fairness and impartiality in trials, reduces biases, and fosters public trust in the judicial system.

Background

Historically, jury selection in the UK has faced challenges related to the underrepresentation of minority groups, with traditional practices often failing to ensure D&I in juries. While the UK does not use peremptory challenges like in the US, systemic biases and socio-economic barriers have historically limited the diversity of jury pools. The importance of D&I in jury selection in the UK lies in ensuring that juries reflect the broad demographics of the society, thereby enhancing the fairness and impartiality of trials. A diverse jury brings varied perspectives, reduces the likelihood of biases, and fosters greater public trust in the judicial system, ultimately ensuring that all individuals receive a fair trial.

Historical Context

The history of jury selection in the UK reveals a long-standing struggle with ensuring D&I. Traditionally, juries were predominantly composed of white, middle-aged men, reflecting broader societal biases and systemic exclusion of minority groups. The Juries Act 1974, which governs jury service, initially did little to address these disparities. Over time, reforms were introduced to broaden the eligibility for jury service, such as the abolition of property qualifications in 1972 and the inclusion of women in 1920. Despite these changes, socio-economic barriers and implicit biases continued to limit the representation of ethnic minorities and other underrepresented groups. Key legal challenges and reports, such as the 1999 Macpherson Report, which highlighted institutional racism within the police and judicial system, have spurred ongoing efforts to promote greater D&I in jury pools. However, significant disparities remain, underscoring the need for continued reform and proactive measures to ensure that juries accurately reflect the diverse society they serve.

Challenges

Socio-Economic Barriers

One of the significant challenges to achieving D&I in UK jury selection is socio-economic barriers. Individuals from lower socio-economic backgrounds often face practical difficulties in serving on juries, such as financial hardship due to loss of income during the trial period. While jurors are compensated for their time, the amount may not be sufficient to cover the expenses and lost wages for those in low-paying jobs.

Additionally, individuals from disadvantaged backgrounds might have less flexibility in their work schedules, making it challenging to commit to jury duty. These barriers disproportionately affect minority communities, who are more likely to experience socio-economic disadvantages, thereby limiting their representation on juries and perpetuating a lack of diversity.

Implicit Bias in Selection Process

Implicit bias in the jury selection process poses another significant challenge to D&I. Even with measures in place to ensure random selection, biases can influence which jurors are ultimately chosen to serve. For example, lawyers and judges may unconsciously favour or dismiss potential jurors based on their own prejudices, subconscious bias or stereotypes about race, ethnicity, or socio-economic status. This can lead to the exclusion of minority individuals from juries, skewing the composition towards more homogenous groups. Efforts to address implicit bias, such as training for legal professionals and stricter guidelines on juror dismissal, are essential to mitigate its impact and promote fairer, more inclusive juries.

Lack of Awareness and Engagement

A lack of awareness and engagement among minority communities regarding jury service also contributes to the challenge of achieving diversity. Many individuals from underrepresented groups may be unaware of their eligibility or the importance of their participation in the judicial process. Mistrust in the legal system, stemming from historical and ongoing discrimination, can further deter minority individuals from engaging in jury service. Outreach and education initiatives aimed at these communities are crucial to increase awareness and encourage participation. By fostering a greater understanding of the role and significance of jury service, the judicial system can work towards more inclusive juries that better reflect the diversity of the population.

Significance of D&I in Jury Selection

Enhanced Fairness and Impartiality

D&I in jury selection significantly enhance the fairness and impartiality of trials. A diverse jury brings together individuals from various backgrounds, perspectives, and life experiences, which helps in mitigating personal biases and ensuring a more balanced deliberation process. When juries reflect the demographics of the broader community, the likelihood of prejudiced decision-making decreases, and the trial outcomes are more likely to be just and equitable. This inclusiveness ensures that all viewpoints are considered, promoting a thorough examination of evidence and arguments, thereby upholding the principles of fairness and justice in the legal system.

Increased Public Trust in the Judicial System

Another major significance of D&I in jury selection is the increased public trust in the judicial system. When juries are representative of the community’s diversity, it enhances the perceived legitimacy of the legal process. People are more likely to trust and respect a judicial system that visibly includes and values individuals from all walks of life. This trust is crucial for maintaining social cohesion and the rule of law, as it encourages public cooperation with legal processes and compliance with judicial decisions. By demonstrating a commitment to fairness and equality, a D&I jury system reinforces the credibility and integrity of the justice system, fostering greater public confidence and support.

Initiatives

To address the lack of D&I in jury selections, several key initiatives could be implemented. Community outreach and education programs should be developed to inform minority communities about jury service eligibility and importance, aiming to increase participation and trust in the judicial system. Implementing mandatory implicit bias training for legal professionals would help mitigate biases in jury selection processes, ensuring fairness. Reforming jury selection procedures to minimise socio-economic barriers, diversifying jury summons lists through expanded data sources, and establishing monitoring and accountability measures are crucial steps toward creating more representative and equitable jury pools reflective of the community’s diversity.

Conclusion

In conclusion, examining the historical context, challenges, and significance of D&I in jury selection within the UK highlights its crucial role in enhancing fairness and impartiality in trials, reducing biases, and fostering public trust in the judicial system. Historically, UK jury selection has struggled with underrepresentation, stemming from systemic biases and socio-economic barriers despite reforms aimed at broadening eligibility. Challenges such as socio-economic barriers, implicit biases in selection processes, and a lack of awareness among minority communities persist, hindering diverse jury composition.

However, initiatives such as community outreach, implicit bias training for legal professionals, and reforms to enhance inclusivity in jury summons lists offer promising solutions. These efforts are essential to ensuring that juries accurately reflect societal diversity, thereby promoting fair trial outcomes and bolstering public confidence in the integrity of the judicial process.

The post The Role of Diversity and Inclusion in Jury Selection and Fair Trials appeared first on The Student Lawyer.

Reading time: three minutes 

Visiting the Supreme Court

I recently had the privilege of visiting the Supreme Court of the United Kingdom (UK) to observe the proceedings of a case, and it was fascinating to witness the law in action at the highest court in the UK. However, as I sat in the public seating area of the courtroom, I quickly realised that, as a profoundly deaf individual, I was unable to lipread the justices, advocates and solicitors from such a distance. This was exacerbated by the advocates and solicitors having their backs turned towards us as they spoke. Understandably, due to concerns over audio recording, using a live speech-to-text app was not a viable option. 

Challenges for deaf people in the courtroom

To my consternation, I found myself being unable to access the proceedings. It is important to note that this is not a criticism of the Supreme Court which has made significant efforts to make their courts as accessible as possible, even partnering with AccessAble to create a Detailed Access Guide. However, as I admired the layout of the beautiful courtroom, I wondered if the Supreme Court could consider implementing its own live speech-to-text programme in its courtrooms – an idea worth contemplating.

Read more about the legal rights of the D/deaf community: https://thestudentlawyer.com/2024/05/11/an-overview-of-the-legal-rights-of-the-d-deaf-community/

Current accessibility measures

The Supreme Court was the first in the UK to stream all cases live on their website meaning that all hearings of cases and their judicial proceedings have closed captions, allowing deaf people to access the information. However, as the Supreme Court pointed out themselves, ‘the information displayed in the closed captions may not be an accurate or complete record of proceedings and may not be relied upon as such’.  Moreover, this solution does not allow deaf people to experience the courtroom itself, which undoubtedly creates a feeling of ostracisation. 

While sign language interpreters can be used, there is often a shortage of Registered Sign Language Interpreters (RSLIs) and this is not a viable solution for deaf people who do not use British Sign Language (BSL) and instead rely on lipreading. The Supreme Court also provides portable induction loops, which help to improve audibility for those with hearing aids. Additionally, I found it very positive that the educational videos in the exhibition area had subtitles!

Introducing live subtitles in the courtroom would benefit not only deaf and hard-of-hearing people, but also other members of the public. For example, the complex legal terminology used in court can be confusing, and so subtitles as a backup would aid them in better understanding the proceedings, including for those for whom English is not their first language.

 In my recent article on legal inclusivity for the D/deaf community, I explored that in only 2022, BSL users were allowed to serve as jurors for the first time in British history. This goes on to highlight how the legal landscape is making important strides towards achieving equality for deaf people but much work remains to be done.

Read more about whether the legal profession is fit for those with disabilities: https://thestudentlawyer.com/2024/05/01/is-the-legal-profession-fit-for-people-with-disabilities/

Wider accessibility issues in the legal system

The Supreme Court plays a pivotal role in the interpretation and application of the law, as well as the development of the British legal system. The decisions that they make have an impact on our lives directly and indirectly. This is why every member of British society has the right to attend cases and observe judicial proceedings. The Supreme Court has made commendable efforts to improve accessibility with hearing loops and captioned videos, but I believe they could further improve by providing a live speech-to-text programme in the courtrooms. 

Whilst the Supreme Court is making strides, many other courts remain inaccessible. A study in 2021 found that only 2% of Britain’s civil and criminal courthouses are fully accessible for those with disabilities. It is incumbent on the legal system to make the courtrooms more accessible for the disabled community. Often, inaccessibility stems from a lack of awareness which is why it is vital that we help bring this issue to light and pave the way for a more accessible future.

The post How do we make our British courtrooms more accessible? appeared first on The Student Lawyer.

Reading time: three minutes

Despite widespread recognition of the importance of DEI, achieving genuine Diversity, Equity, and Inclusion (DEI) in various societal spheres, including workplaces, educational institutions, and communities, is an ongoing challenge. Barriers such as lack of education on diversity, not understanding target market and systemic inequalities persist, diminishing the efforts to create inclusive environments.

NextGen, in collaboration with Pinsent Masons held a panel discussion on 9 July, delving into the practices and strategies necessary to dismantle the barriers, exploring how initiatives from trustees in pension, and grassroots initiatives can foster a more equitable and inclusive society, especially in the pensions industry.

Read this article to find out why diversity in law firms remains a a key issue: https://thestudentlawyer.com/2024/01/02/are-law-firms-truly-embracing-diversity/

 The panel discussion involved networking with individuals from across the pensions industry, and their perspectives on what is needed to overcome barriers to DEI. Four expert speakers including:

• Sonia Kaurah (founder of Tala Thrive);
• Michael Watkins (founder of NextGen);
• Michelle Darracott (retirement trustee and trustee executive); and
• Cristina Bowyer (Pinsent Masons pension services).

They all shared the experiences with DEI in the workplace and how to go about expanding it in different firms.

Read this article to learn about the importance of tackling gender disparities in the legal profession: https://thestudentlawyer.com/2024/03/20/closing-the-gender-gap-addressing-issues-and-solutions-in-the-legal-community/

In terms of diversity, what can be improved soon, or in the long term?

A good start would be to:

• encourage education in all aspects of DEI, including race, gender, age etc.,especially those in decision-making roles.
• To raise awareness and reduce discriminatory practices, as it is important to give cultural training and educate people.
• Hold leaders accountable for meeting diversity and inclusion goals through regular reviews and performance metrics.

There is nothing that can be changed about someone’s age, race, or gender, but there is a lot that can be changed about our perspectives.

Read this article learn about the importance of firms prioritising D&I: https://thestudentlawyer.com/2024/01/03/lets-talk-about-diversity-in-law/

The pensions regulatory is expecting change, and things have been put in place to encourage open dialogue about diversity and inclusion (D&I) issues, to be able to build a more inclusive culture within the sector and continuing to understand biases and working on them.

The Guardian has reported that the average pension pot for savers from minority ethnic backgrounds is £52,333, whereas the average white British saver has a pension pot of £114,941. This gap is highly influenced by socioeconomic backgrounds, income disparities, access to pension schemes and household responsibilities, as pensioners from non-white backgrounds often had more responsibilities to take care of compared to their white counterparts.

Cristina Bowyer and Michelle Darracott highlighted the importance of reducing and closing this gap. They emphasised the urgency of addressing these inequalities and the importance of ensuring that everyone can save adequately for retirement, regardless of their ethnic background. Bowyer points to the need for targeted interventions and policy reforms to bridge this gap and improve retirement outcomes for minority ethnic groups, recognising that systemic barriers and socioeconomic factors contribute to the current disparities in pension savings. She emphasises the need to address these issues by having trustees take part in diversity events to learn and understand the importance of this.

Read this article to find out about firms setting the standard for inclusion in the workplace: https://thestudentlawyer.com/2024/05/28/embracing-diversity-setting-the-standard-for-inclusion-in-the-workplace/

Points to consider

• Never think it is a ‘one and done’ situation, because it never is.

• Always keep underrepresented members in mind.

• Everyone has a role to play in terms of invoking change in society.

• If we do not question, nothing gets changed.

• It is important to track race in the workplace, because if we do not, how will we know to do something about D&I?

• Inclusion often means that everybody should be treated the same, when it should mean that everyone’s differences should be noticed.

• We should see colour when we look at people, so that we can know where to improve in terms of being inclusive to everyone.

• Try to shape and influence wherever you can. It will always make a difference.

Find out more at:

https://peoplespartnership.co.uk/mhub_topics/ethnicity-pensions-gap/

https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/earningsandworkinghours/articles/ethnicitypaygapsingreatbritain/2012to2022

https://www.pensions-expert.com/More/When-two-gaps-collide-How-the-trust-gap-affects-the-ethnicity-pensions-gap?ct=true

The post How do we overcome barriers to Diversity, Equity, and Inclusion in Practice? appeared first on The Student Lawyer.

Reading time: four minutes

For International Non-Binary Day 2024, Reva Naidu examines the current legal recognition and protections available to non-binary individuals in the UK. In this article, she explores the challenges these individuals encounter and discusses the urgent need for legislative changes to ensure greater inclusivity.

What is a non-binary gender identity?

The National Centre for Transgender Equality defines a non-binary identity as one that identifies as a gender outside the gender binary, that is, neither man nor women. It is important to delineate the difference between sex and gender in order to evaluate the legal recognition and protection afforded to such individuals.

The World Health Organisation distinguishes between sex and gender:

1. Sex refers to the biological differences between males and females.
2. Gender encompasses a range of factors:
   • Self-expression;
   • Socially-constructed characteristics; and
   • Gender roles and norms.

These gender roles and norms influence how individuals are expected to behave based on their perceived sex.

 Historically, western society has followed a clear, separate gender binary, while certain indigenous cultures do recognise the existence of a third, and sometimes fourth, gender, such as the Native Americans, who refer to such people as ‘two-spirit’. It is important to note this as it provides credibility to the idea that someone may choose to identify out of the gender binary, and that people have done so for centuries. Additionally, countries like Australia, India, and Nepal allow citizens to legally identify as a ‘third’ gender on passports, birth certificates, and certain identification forms. Thus, this identity also deserves legal recognition in the UK.

Are there any UK laws that acknowledge the non-binary identity?

Non-binary genders have no recognition in current UK law. Although the Gender Recognition Act 2004 provides for a person to legally change their gender to the other, it remains subscribed to the binary perspective on gender. Therefore, legally, in the UK, one cannot identify as non-binary.

Even with respect to the Gender Recognition Act 2004, the criteria that one must satisfy in order to legally change their gender are inaccessible to non-binary people, as one must show that they have attempted to live as their gender of presentation for a period of at least two years. This results in the erasure of non-binary identities, as such objective evidence may not be possible to obtain for most non-binary people. Another criterion, requiring applicants to make a statutory declaration that they intend to live and identify as their chosen gender for the rest of their lives, may prove to be a significant hurdle, since many non-binary people may be genderqueer or gender-fluid, ignoring the existence of a flexible gender identification.

Ryan Castellucci’s legal challenge against the Gender Recognition Act 2004 and Gender Recognition Panel demonstrates the failings of the act in the recognition of his identity as non-binary. Due to the Gender Recognition Panel not allowing their acquired gender to be recorded as ‘non-binary’ but as ‘non-specified’, despite such a certificate being issued by the State of California. As a result, Castellucci was unable to regularise their administrative and legal affairs to ensure compliance with the law, especially in their application for a driving license and a biometric residence permit. This legal challenge clearly illustrates the need for legislative change through a legal acknowledgement of the non-binary identity.

How are non-binary people currently protected from discrimination?

The Equality Act 2010 is the primary legislation that protects employees with ‘protected characteristics’ from discrimination in the workplace. Section 4 of the Act states that the following characteristics are protected characteristics:

• age;
• disability;
• gender reassignment;
• marriage and civil partnership;
• pregnancy and maternity;
• race;
• religion or belief;
• sex; and
• sexual orientation.

A recent unanimous decision of the Employment Tribunal has extended the protection of the act to non-binary individuals by extending the protected characteristic of ‘gender reassignment’ to also include them, along with transgender employees in the case of Taylor v Jaguar Land Rover Ltd. This provides hope to non-binary employees, although the definition of gender reassignment may not fit their identity, as Section 7 of the Equality Act 2010 a person has the protected characteristic of gender reassignment if the person is ‘proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex’. It also labels them as ‘transsexual’. Despite the encouraging decision by the Employment Tribunal, the lack of proper recognition within established statute is a hurdle.

Yet, considering a human rights perspective, the Court of Appeal held in R (on the application of Elan-Cane) v Secretary of State for the Home Department that although the concept of gender identity engaged the claimant’s Article 8 Right to Respect for Private Life, the UK Passport Office not allowing them to identify as a ‘unspecified’ gender did not violate this Convention right. The Court also concluded that this did not amount to unlawful discrimination under Article 14 of the European Court of Human Rights. This case, heard as recently as 2024, illuminates the need to establish a positive obligation on states to protect the gender identity of non-binary individuals as a part of their Convention rights, which would be applicable in the UK through the Human Rights Act.

Why must the UK government make an effort to recognise this identity?

Upon consideration of the aim of the Equality Act 2010, which is to ‘reduce socio-economic inequalities’ and ‘increase equality of opportunity’, it is clear that these protections must be clearly offered to non-binary individuals for the act to truly achieve this. The NHS recognises that over one hundred-thousand residents of the UK identify as neither man nor woman, while the 2021 census identified 30,000 such people. The UK Government also acknowledges the recent rise of residents who identify as non-binary. 

Based on the number of UK citizens who have begun identifying outside of the gender binary, it is important for the government to provide them with legal recognition to ensure they are adequately protected under anti-discrimination and human rightslaws able to complete all administrative and legal formalities without disproportionate difficulties due to their gender identity,and not just ‘shoehorned’ into an existing category. The Government must aim to monitor the complex social change in relation to those whose identity is more nuanced than ‘male’ or ‘female’.

The post The Legal Recognition of Non-Binary Identity appeared first on The Student Lawyer.

Reading time: four minutes

“Make sure you are the best representation of what you want people to see. Anything less than that is unacceptable.” – June Archer

In the tapestry of legal history, the contributions of South Asian lawyers have been both pivotal and profound. Over the past century, South Asian lawyers have navigated a landscape often marred by racial discrimination, systemic barriers, cultural challenges, and sometimes personal restrictions to carve a niche global legal arena. Their journey from the colonial era to the present day reflects resilience, excellence, and commitment to justice, equality, and the rule of law. The influence of South Asian lawyers extends far beyond their achievements. Their contributions have helped to shape the legal systems of multiple nations fostering a more inclusive and equitable global legal landscape. In countries like the UK, United States, and Canada, the South Asian diaspora has brought a wealth of talent and a unique perspective to the legal profession, enriching it with their diverse backgrounds and experiences. Meanwhile, in South Asia, lawyers have played crucial roles in nation-building, advocating for human rights, and driving legal reforms.

Read this article on the importance of celebrating the vibrant cultures, traditions, and contributions of South Asian communities: https://thestudentlawyer.com/2024/07/01/celebrating-south-asian-heritage-month-2024/

The Colonial Legacy and Post-Independence Era

The journey of South Asian lawyers can be traced back to the colonial period when British legal systems were imposed across the Indian subcontinent. From this environment, notable people like Mohandas Karamchand Gandhi and Dr. B.R. Ambedkar arose, using their legal knowledge to oppose colonial control and promote social justice. Gandhi, who obtained his legal training at the Inner Temple in London led the Indian independence struggle by putting a strong emphasis on peaceful resistance and civil disobedience. Ambedkar, educated at Columbia University and the London School of Economics, played a crucial role in the drafting of the Indian Constitution and championing the rights of marginalised communities, particularly the Dalits.

Post-independence, South Asian countries focused on establishing robust legal frameworks and institutions. In India, the judiciary became a cornerstone of democracy, with lawyers playing key roles in its jurisprudence. Figures like Nani Palkhivala, known for his constitutional law expertise, and Fali Sam Nariman a distinguished jurist contributed significantly to the evolution of Indian law. In Pakistan, figures like Aitzaz Ahsan have been at the forefront of advocating for democracy and human rights. The Lawyers’ Movement of 2007-2009, which led to the reinstatement of Chief Justice Iftikhar Muhammad Chaudhry, highlighted the power of the legal community in effecting political changes and ensuring judicial independence. Dr. Kamal Hossain, a principal architect has been a towering figure in Bangladesh; his contributions to human rights, international law, and constitutional law developments are widely recognised. Beyond these countries, the rest of South Asia also witnessed the emergence of prominent lawyers who significantly influenced their respective legal landscapes.

The Diaspora and Global Influence

The South Asian diaspora has significantly impacted the legal systems of their adopted countries, notably in the United Kingdom, the United States, and Canada. In the UK, the contributions of South Asian lawyers can be traced back to the early 20th century, with pioneers like Shapurji Saklatvala, a barrister who became the first British Indian Member of the Parliament. More recently, British-Asian lawyers such as ShamiChakrabarti, a former Director of Liberty and member of the House of Lords, and Karan Bilimoria, a successful entrepreneur and legislator, have continued to make substantial changes to both public and legal life.

Besides this, even in the US, South Asian lawyers have achieved prominence across various legal domains. Neal Katyal, a former Principal Deputy Solicitor General, has presented numerous cases before the Supreme Court while Preet Bharara, a former U.S. Attorney for the Southern District of New York, is well known for his work on financial and public corruption cases. These individuals exemplify the pinnacle of legal success and serve as inspirational figures for aspiring South Asian lawyers.

Challenges and Overcoming Barriers

Despite these successes, South Asian lawyers have encountered significant challenges especially underrepresentation in senior legal roles. Now, things are changing with generations vocalising such differences. However, the legal profession, historically dominated by the white male community has often been resistant to diversity. Nonetheless, the persistence and excellence of South Asian lawyers have progressively eroded these barriers.

Read this article of Trisha Vadher’s account on what this South Asian Heritage Month means to her: https://thestudentlawyer.com/2024/07/01/south-asian-heritage-month-my-big-fat-identity-crisis-2/

In the UK, organisations like the Society of Asian Lawyers (SAL) have been pivotal in supporting South Asian legal professionals. They offer mentorship, and networking opportunities, and advocate for increased diversity within the profession. Similarly, in the US, the South Asian Bar Association (SABA) plays a vital role in combating bias and promoting the interest of South Asian lawyers. These organisations emphasise the fact that diversity and inclusion are not merely moral obligations but essential components of a dynamic and effective legal system.

A Shiny Future

The progress of South Asian lawyers highlights the transformative power of a diverse legal community, enriching the profession with varied perspectives and fostering more innovative and equitable outcomes. The increasing presence of South Asian lawyers in senior roles and their active participation in legal education and teachings signal a promising future where diversity and inclusion become a reality. For instance, Kamala Harris, of Indian and Jamaican descent, serves as the Vice President of the United States, bringing her legal background to the highest levels of the government. This is an encouragement for law students and law schools across South Asia as they are witnessing a surge in enrolment of students eager to follow in the footsteps of their illustrious predecessors.

Read this article to find out about the impact of SAHM on diversity and inclusion within the legal profession: https://thestudentlawyer.com/2024/07/01/south-asian-heritage-month-2024-the-impact-on-diversity-and-inclusion/

The post The progress of South Asian Lawyers So Far appeared first on The Student Lawyer.

Reading time: four minutes

This article explores the ways in which marginalised groups have experienced a lack of representation in the legal sector, and the immediate impacts following this. It also discusses the significance of celebrating South Asian heritage month and its significance within the legal community.

Background

In 2020, the Ethnic Minority Lawyers Division (EMLD) produced collaborative research with the Law Society, shedding light upon the experiences of Black and ethnic minority solicitors. Results produced from data insights and desk analysis led to the EMLD stating that whilst companies are attempting to increase diversity, change is being achieved at a very slow rate. Consequently, lower representation of Asian and minority workers has led to solicitors reporting lower levels of wellbeing in the legal sector, compared to White colleagues.

Feelings of isolation have forced many to step away from their demanding careers due to a decline in their mental health. With slower career development, research participants reported experiencing acts of ethnic micro aggression, including remarks about cultural stereotypes. Hence, the culture of the legal industry often lacks inclusion and has produced entry barriers for Black, Asian, and minority ethnic groups. This has led to an absence of role models, resulting in slower retention rates for minority ethnic solicitors in larger firms, as many leave to join inclusive industries that celebrate difference.

A new report released this year by diversity specialist Rare revealed the barriers faced by Bangladeshi and Pakistani applicants in UK law firms. Its findings show that these candidates areunderrepresented at the offer stage despite being well represented in the application pool. Cultural and religious barriers, such as the prevalent drinking culture and lack of support for religious practices, create discomfort and isolation. Additionally, the absence of senior role models from similar backgrounds exacerbates these challenges.

Read this article to learn the importance of cultural competence: https://thestudentlawyer.com/2024/03/30/the-importance-of-cultural-competence/

Statistics

The SRA produces data every two years from law firms established in Wales and England – most recently from 2021. With it representing more than 186,000 people in over 9,000 firms, these highlight a small increase in diversity – but reinforce how the “legal sector does not yet reflect larger society,” according to Tara Davidson, Traver Smith’s graduate recruitment manager. 

Read this article to find out how Al can contribute to creating a more diverse and inclusive legal landscape: https://thestudentlawyer.com/2024/03/11/the-role-of-ai-in-reshaping-diversity-and-inclusivity-in-the-legal-profession/

Whilst 78% lawyers are White, 18% are Asian, Black or from minority ethnic groups – a 1% rise from statistics produced in 2019. This underrepresentation of Black, Asian and minority ethnic solicitors in large law firms is reinforced by the ethnicity pay gap; The Law Society’s ‘2020 Race for Inclusion Research Report’ highlighted how they are earning less and therefore hold fewer senior roles, averaging 25% less than their White counterparts income.

 A closer look at gender

The Aura Network was launched in 2023, by Sarah Khan-Bashir MBE, aimed at empowering South Asian women. Identifying the lack of South Asian role models in the legal profession, she realised articles only spoke about White female being successful lawyers. Concerned that it promoted thriving rofessionals “appearing a certain way only,” she shared these observations which received positive responses from powerful female solicitors.

Launching its first event at the House of Lords, The Aura Network saw many key legal figure attendees such as the first Muslim and Asian Law Society president, Lubna Shuja. Encouraging lawyers to share their experiences, Shuja sat at a panel discussion called, ‘South Asian women game-changers in the law.’ Sitting alongside former CPS solicitor Baroness Sayeeda Warsi, as well as Baronesss Shaista Gohir, they considered personal challenges that South Asian women face in the legal profession and the necessary steps to tackle them. The event promoted the idea of an increasingly diverse and global legal market with more South Asian women being recognised. With future talks of partnering with the University of Law, it inspires development opportunities and recognition for South Asian women.

Read this article on the challenges of pursuing a career at the Bar, as a woman: https://thestudentlawyer.com/2023/12/19/representation-matters/

South Asian heritage month 2024

South Asian Heritage Month is celebrated from 18 July until 17 August and acknowledges the contributions that these communities have made in the UK, whilst also encouraging an appreciation of South Asian culture. Though there is an increase in the diversity of the legal community, the undeniable under representation and lack of diverse voices in senior positions emphasises how this month is both a reminder to celebrate different roots working together to change the trajectory of the future. Such celebrations encourage the legal community to transgress the idea of ‘assimilation’ and aim further, instead, by promoting the concept of hiring based on merit and capability; this encourages legal communities to embrace culture differences, void of prejudices, and use them to shape current policies and narratives that effect our future.

Read this article to find out about the impact of SAHM on diversity and inclusion within the legal profession: https://thestudentlawyer.com/2024/07/01/south-asian-heritage-month-2024-the-impact-on-diversity-and-inclusion/

Finally

Embracing different cultures and lifestyles is imperative to the inner workings of an effective and efficient legal community. Though there is still work to be done, recognising and celebrating these cultural differences within a community paves way for a more hopeful and inclusive environment in which Black, Asian and minority ethnic solicitors and lawyers can equally prosper amongst their White counterparts.

The post Exploring Cultural Diversity in the Legal Profession appeared first on The Student Lawyer.

Reading time: three minutes

For South Asian Heritage Month 2024, Trisha Vadher shares her thoughts on what this month means to her.

Hi my names Trish! I’m a British Indian from London currently living in Portugal as apart of my degree. I speak four languages one of which is the language I speak in my Indian household at home.

The Richness of South Asian Culture

The South Asian Culture is so rich, it’s rich in food, clothing, music, religious practises, medicine and so much more. As a British Indian I am so proud of our culture. The migration of South Asians worldwide is something that isn’t spoken enough within South Asian communities and around the world. From British colonisation to the expulsion of Ugandan Indians from Uganda in 1972, I think a lot of people miss the extent to which South Asian culture is varied worldwide. And how South Asian heritage is not constrained to just a persons country of origin.

Embracing My Heritage

Growing up I was always embracing my culture, I frequently listened to Bollywood songs and watched movies, I spoke my mother tongue at home and I ate Indian (specifically Gujarati food) nearly everyday. I LOVE my lenguas, there was actually a time I wore one to school so I had the privilege of being surrounded by my culture constantly while living in the UK.

One thing I couldn’t get to grasps with was why my Gujarati accent was so different to other Gujaratis especially my dad’s accent, this was not the only thing I picked up on. I realised a lot of my dishes at home, a lot of Gujaratis didn’t know what they were. I was told my mother’s family was from Uganda and my grandma’s side was from Kenya. But it was in these last few years I realised the influence that Ugandan culture had on my family; a lot of the meals we ate were Ugandan and the accent was different to that of mainland India.

Exploring My Mixed Heritage

My family were never fond of going back to Uganda, and a lot of the time they didn’t acknowledge their Ugandan culture. But they also didn’t consider India to be home either, to be quite honest, I don’t know what part of Gujarat my family actually originated from.

So where is home and what do I identify as?

The more i delve into my heritage and learn more about my culture, I’m embracing more of the Ugandan culture my family grew up with, the Swahili my grandad would speak to confuse me, the Matooke sak that I thought was an Indian dish and the pure fact that my family all the way back to my great grandparents grew up in Uganda.

The Impact of Displacement

I think a lot of this disassociation is to do with the expulsion of Indians from their home, my family fled to UK to start life anew, so a lot of this stems from the fact that they can’t imagine returning home because they were kicked out of the place they once lived in.

Celebrating Our Individuality

I hope that South Asian kids get the privilege to delve into the individuality of their cultures, because collectively we are so rich in culture it’s difficult to imagine life not fully indulging into our South Asian culture. Embrace every part even the parts that you might not find yourself fully identifying with.

For more blogs about life, travel and relatable South Asian content follow Trish on instagram: @trisha.beyondborders.

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