With limited numbers of openly gay people practising law, Pui-Guan Man speaks to a band of senior lawyers about their experiences of coming out and the importance of establishing gay role models

"I came out as a trainee in a tough environment – in the 1980s during the AIDS and HIV crises," reflects Field Fisher Waterhouse managing partner Michael Chissick. "It was a challenge when it came to telling clients as I was concerned some clients and partners would be prejudiced."

Three decades on, he still represents a relatively rare breed of openly gay senior lawyers, with many still reticent to be open about their sexual orientation. Although there are increasing numbers of gay lawyers and barristers who are role models for those coming up through the ranks, it seems a large majority still feel that the legal profession lags others in terms of being accepting of people's sexual orientation.

Despite efforts by firms and bodies such as the Solicitors Regulation Authority (SRA) to improve diversity – and the measurement of it – in recent years, the reality seems to be that little progress has been made. Their efforts seem more focused on changing hearts and minds on diversity in the sense of gender or race rather than sexuality.

According to figures published by the SRA following a survey of more than 37,000 qualified lawyers in 2012, 2% of the profession are gay men, 1% gay women and 1% bisexual. A further 4% 'preferred not to say' what their sexuality was.

"There are many reasons [for the small number of people responding they were gay], such as not having the right workplace culture, which may impact on whether an individual feels confident and comfortable to provide this information," says SRA inclusion director Mehrunnisa Lalani.

However, a band of gay lawyers and barristers is attempting to challenge this culture by speaking up about its experience of coming out and underlining the importance of role models for those who have yet to do so.

Chissick continues: "As a two-year qualified lawyer, I decided I wanted to come out to one of my then firm's most important clients. We were flying back after a business trip to the US, and I was representing the firm on the trip, so I was concerned it would harm the client relationship. But by being honest, this client became my friend and has given me work every year for the past 20 years. I've found that people respect you more if you are open and honest. 

"I think you have a duty and an obligation to come out if you are gay. It is important for us to stand up and be visible. I have seen lawyers I know at gay clubs who would ask me not to tell anyone about it, and of course I haven't.

"I am constantly speaking to people who don't want to come out for fear reasons or religious reasons, but I challenge everyone and say you'd be happier in the workplace if you are honest with yourself – it's tough concealing things from colleagues and clients."

Chissick (pictured) adds that although the profession has made strides to improve diversity, there is still room for improvement: "Some firms are doing well at supporting lesbian, gay, bisexual and transgender (LGBT) staff and some aren't. A partner told me there's nothing at his City firm – no diversity group, no diversity champion or senior buy-in.

"On the other hand, I'd say we are a little behind larger firms such as Baker & McKenzie. But for a mid-sized firm, we have a very active and present LGBT group. So it's patchy across City firms. 

"And there are still challenges for people coming out in the workplace, especially for those at firms without senior management support, role models or networking opportunities.

"At our firm – with an out gay managing partner, an amazing straight ally partner who sponsors networking events and where our graduate intake and new recruits are told about our LGBT networks – it's easier for them. It is important that the leadership says early on that LGBT staff are welcome."

Boost to business

With many City law firms now offering LGBT people more ways to network, including hosting events aimed at attracting LGBT clients, it seems that for some there is also a business incentive to being open about your sexuality. 

Berwin Leighton Paisner (BLP) banking partner Daisy Reeves, for example, recently acted on the acquisition financing of the G-A-Y Group out of the HMV administration, one of several mandates from the firm's LGBT network clients. "I would go as far to say that we are seeing the green shoots of business opportunities resulting from being visibly out," she says.

Reeves has co-chaired BLP's LGBT group since 2005. It set up the initiative 'DiversCity' in 2010 with Herbert Smith Freehills in a bid to show graduates that the City "is not a draconian place to practise law". Since then, nine firms have signed up to the scheme.

"I chose not to come out at work in the first year of training as I didn't know how it would be viewed – I wanted to be known for my competency as a fledgling lawyer rather than for my sexuality. However, I felt comfortable coming out in 2003 as a second-year trainee. It wasn't a case of shouting it from the rooftops, but rumours proliferated around the firm as there weren't many out lawyers at that time, especially female ones.

"I've never had any backlash from coming out. Most of my clients are aware of my sexuality and it has never affected my performance as a lawyer. Why should it? There is significant evidence that having the ability to be out at work has a correlation with improved performance, presumably as you are able to be yourself." 

She adds: "If anything, being out at work and working on firmwide LGBT initiatives as a junior lawyer gave me significant access to management as diversity became increasingly important for the firm, the legal profession and the City as a whole. There is an important business angle here – major clients often require a firm's diversity statistics as part of the pitch process."

View from the Bar

Upon joining the Bar in the mid-1980s, Hardwicke Chambers barrister Brie Stevens-Hoare QC (pictured) had to look outside of the profession for role models, towards the likes of tennis player Billie Jean King. She notes that, even now, the situation has not shifted much.

"There aren't many role models – there are a handful of out men, including in the senior judiciary, but gay women tend to be invisible. I wonder if they choose to be less visible given the fact they have no choice about being visibly female. But as someone who felt bereft of role models, I recognise by being out I am one and I feel a strong obligation to be a good one. For me, someone who is approachable and who can understand and support in open ways is a good start."

Stevens-Hoare notes that a barrister's experience of coming out in a chambers environment might prove daunting in different ways to that of their City law firm peers.

"The big difference for barristers is that we tend to work in isolation – we have lots of solicitor clients we work with individually as well as lay clients. So we don't have the cover that working in a team at a law firm might offer. But to me, there has never been much difficulty with solicitors where sexuality is concerned, although whenever I engage a client in conversation there is that constant, initial apprehension about whether talking freely and revealing your sexuality will be an issue, even though my experience has been it's all fine most of the time."

She adds: "I think barristers' chambers remain very variable, in contrast to City firms [in terms of support for the LGBT community]. But I am optimistic about the situation improving significantly. There is more confidence now among LGBT professionals and there has been a lot of progress been made.

"The younger generation has grown up with the presumption of equality, whereas with my generation it was about setting up legal equality as a stepping stone to a more equal and fair society. The LGBT community has grown more comfortable about organising itself. Most of the focus has been on gay men and women, so I suppose the next step is to address how people feel in opening up about being bisexual or transgender."

She recounts her own experiences: "In the 1990s, I fell in love with Sara Benbow [also at Hardwicke] and we decided to make our relationship public. When we came out, we chose carefully how to approach chambers and received a lot of different reactions.

"Four key people were particularly supportive, and, while there were a couple of people who struggled with it and caused a few issues, those four helped set a tone in chambers that was great. They made it absolutely clear that coming out in chambers and being yourself was fine – it really made a difference.

"Feeling comfortable absolutely relates to career performance. Lying and dodging conversations detracts from your ability to engage with your work; it affects your thought process; and affects you emotionally in a way it wouldn't do if you felt safe to be open and knew people would engage positively with who you really are."

It is an opinion several lawyers agree with. Saleem Fazal, head of real estate disputes at Taylor Wessing, says: "When I started at my last firm in 1994, no one I knew there was out. It was a difficult time for me, but the real test came when I started rising through the ranks. I found myself not being honest and losing credibility as a result. Now at Taylor Wessing even some trainees are out, which demonstrates how the profession and indeed society has changed – well at least in London."

A senior moment

The consensus, then, seems to be that openness about sexual orientation is firmly linked with work performance, where some might argue that being gay should have no effect on work. If more figures in senior roles stepped forward as gay, it could be a big step in building a more successful, and inclusive, work culture.

"Without being too militant, I do feel it is important for senior LGBT lawyers to be out," says Reeves (pictured). "Of course, if you choose to keep your sexuality quiet that should also be your choice. After all, lawyers go to work to practise law, not their sexuality.

"That said, gay employees should at least feel comfortable to reveal their sexuality if they want to. This can only be achieved if partners and others in senior positions are out, reflecting to the wider workforce that we all operate in an inclusive work environment.

"Hopefully one day, we won't even need to have articles about this, but for now…"

Michael Chissick, Daisy Reeves, Brie Stevens-Hoare and Saleem Fazal were all panellists at Stonewall's 'Role Models' seminar for diversity champions, hosted at Field Fisher Waterhouse in June. 

• For more, see Out and proud – why gay doesn't always mean happy at law firms