Why this year's record number of new ethnic minority silks can't hide the QC diversity problem
Success rates for ethnic minority QC applicants are on the rise, but the profession still has much further to go on diversity
January 12, 2018 at 06:25 AM
3 minute read
The original version of this story was published on Law.com
The latest silk round saw a record number of black, Asian and minority ethnic (BAME) lawyers appointed as QCs, with success rates for BAME candidates rising on last year and bettering the equivalent rate for white applicants.
Eighteen of this year's 119 new QCs declared a BAME background, two more than last year, and, with a success rate of 54% for BAME applicants comparing with a 42% success rate for white applicants, on the face of it, it looks like the statistics are going in the right direction.
Gender diversity was similarly improved, with female applicants proportionately more successful than men. Thirty-two of 50 female applicants took silk, equating to a success rate of 64%, significantly higher than the equivalent figure of 39% for men.
But while the overall picture suggests a positive trend that should be celebrated, it also highlights how much more work needs to be done.
The Bar Council's head of policy, equality and diversity and corporate social responsibility, Sam Mercer, describes the latest intake as a "fantastic" year for ethnic minority applicants, but is keen to stress that the profession must not get "complacent".
"It can be easy to look at good results and think you have fixed an issue," she says, "But it is dangerous to look at one year in isolation and to make an assumption that there is no problem in the system."
Mercer says the relative success of certain ethnic groups masks underperformance among others and says the profession has to remain vigilant in order to ensure that lawyers from underrepresented groups are able to gain the right experience.
"We have to ensure that briefing is fair and that talented BAME lawyers are given the chance to advance," she says. "That can come from watching who is getting what work and who needs nurturing within the profession."
The number of solicitor-advocates taking silk fell marginally this year, but of the five, two are from non-white backgrounds: Freshfields Bruckhaus Deringer disputes partner Reza Mohtashami (pictured above); and Imran Khan, name partner at City firm Imran Khan & Partners.
Mohtashami, who argues that solicitor-advocates of all races need to put themselves up for QC more than they do at present, acknowledges the problem but believes things are improving.
Even so, he argues the profession needs to "redouble its efforts on ethnic diversity".
"I am a big proponent of mentoring. We have to be aware of glass ceilings – or at least a perception that a glass ceiling exists," he says. "Hopefully people from ethnic minority backgrounds will be inspired by seeing examples of people being successful.
"If that inspires people from ethnic minority backgrounds to apply to go to law school, apply for pupillage or a training contract and then seek out the experience to strive to rise to the top of the profession, that is all for the good."
Ethnic minority QC appointments by year
- 2017-18: Eighteen of 33 ethnic minority applicants appointed – 54% success rate
- 2016-17: Sixteen of 37 ethnic minority applicants appointed – 43% success rate
- 2015-16: Nine of 32 ethnic minority applicants appointed – 28% success rate
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