On Monday 14th December, it was reported that the Solicitors Regulation Authority (SRA) is expected to commission a new study into the treatment of black, Asian and Minority Ethnic (BAME) lawyers. This announcement follows publication of recent data sets which highlighted the increasing disparity in the treatment of BAME lawyers during the disciplinary process.
According to figures obtained by The Law Society Gazette, SRA confirmed that BAME lawyers constituted 26% of those reported to the regulator in 2018/19; 32% of those whose cases are taken forward for investigation; and 35% of those whose case concluded at the tribunal. Only 18% BAME lawyers are actively practising law at present.
The treatment of people brought through disciplinary processes is also disproportionate based on race: 31% of those struck off were from an ethnic minority, with 34% of those fined coming from this group. BAME solicitors accounted for just 17% of those making such a compromise, but made up 40% of those whose case went to a full hearing.
This is the first time since 2014 that the SRA has reported diversity characteristics for those involved in the enforcement processes. Previous studies have suggested potential factors that may be influencing the overrepresentation of minorities, including where BAME solicitors work and the types of practice they undertake. But there have also been accusations that the SRA has unfairly targeted certain groups who may be easier to prosecute.
Earlier last month, President of the Supreme Court, Lord Reed had stressed that the a Justice from a BAME background should be appointed to the supreme court should happen within the next six years, according to its president.
