A new study on social mobility in law, backed by eight top law firms, has found that many junior lawyers from lower socioeconomic backgrounds are being held back from progressing – despite being better performers – due in part to the "micro-aggressions" they face on a daily basis.

The research, which was compiled in conjunction with Linklaters, Allen & Overy, Bryan Cave Leighton Paisner, Clifford Chance, Dentons, Hogan Lovells, HFW and Pinsent Masons, finds "significant" evidence of such micro-aggressions – defined as "everyday words or acts that communicate denigrating messages to certain groups who are perceived as different, for example by gender, ethnicity, and/or socioeconomic background".

The report also accuses some law firm leaders of "complacency" for not calling out such behaviour and, as a result, contributing to environments in which individuals can feel isolated and struggle to progress.

The study, which draws on data from more than 2,800 early-career professionals, as well as 14 interviews with senior partners and law firm leaders, was put together in collaboration with UK social mobility foundation The Sutton Trust and independent policy association The Bridge Group.

➤➤  Diversity and inclusion, in particular gender equality, is the focus of day two of LegalWeek CONNECT, taking place on 28-29 November at County Hall, London SE1. Click here for more information

The report describes the "intense pressure" junior lawyers from lower socioeconomic backgrounds face to fit in and "assimilate into the dominant culture". It argues that although encouraging efforts have been made by law firms to improve diversity in their recruitment processes, much less attention has been paid to tracking how trainees progress, and how that correlates to their socioeconomic background.

"To date, the focus has been primarily on who gets in, rather than who stays on, who gets ahead, and how," the report states.

In one particularly concerning finding, the report states that although those from lower socioeconomic backgrounds are more likely to receive higher performance ratings – among state-school trainees, 14% receive the highest performance ratings, compared to 8% of independently educated trainees – they are simultaneously less likely on average to progress in their early career.

The research finds that the proportion of first-generation early-career solicitors falls from 30% of trainees to 27% of associates, while state school-educated trainees comprise 55% of trainee leavers, compared to 57% of associate leavers.

The report explains that traits perceived as important for career progression are closely linked to background, but the report notes that "these that have little correlation with work performance". Some of the traits considered important by the surveyed lawyers include being "confident", "charismatic", "driven", "ambitious", having "gravitas" and being good "self-promoters".

Conversations that centre around skiing and exotic holidays are exclusionary, and people who can't relate will naturally withdraw

Linklaters diversity and wellbeing adviser Jenny Lloyd says: "These findings are uncomfortable, because they challenge the assumption that once access to the profession has been gained, progression will be based on merit. If firms want to retain their best talent, work needs to be done to change the way 'talent' is defined so that a premium is not placed on qualities like 'social nous', which has little to do with someone's ability to do the job."

Interviewees for the study describe the pressure to fit in as "exhausting", "tricky", and "worrying", and cite coping strategies such as toning down their accents, adjusting their speech, and avoiding certain conversation topics or feigning interest in others.

"The interview feedback highlights that progression is strongly affected by visibility and extroversion, but for individuals who feel different to their colleagues, this is a barrier," says Lloyd. "Conversations that centre around skiing and exotic holidays are exclusionary, and people who can't relate to these topics will naturally withdraw."

The report states that while there is often "no overt intention to offend", the prevalence of micro-aggressions can make individuals from minority groups feel inferior or excluded.

Lloyd explains: "We have to assume they're unintentional, but we need to raise awareness of the impact they can have for people on the receiving end. The report highlights that micro-aggressions are not just top-down, but they often start at the peer level. For trainees joining as part of an intake, the result will be that they start to feel that they don't 'fit' very quickly."

Although the report does not place the blame solely on senior law firm partners, it does cite evidence from the research interviews of "complacency" among some senior leaders, suggesting they are not sufficiently "diligent" in calling out such behaviour.

The report suggests some short- and long-term strategies for law firms to tackle the issues it raises, including taking steps to "actively engage" with new lawyers who may potentially be affected, and to raise awareness of the "drivers and actions associated with diversity and inclusion at all levels". Examples of such projects include reverse mentoring schemes, such as those now in place at Linklaters and Allen & Overy.

With regards to how progress can be made, the report includes a series of recommendations, including that law firms should submit detailed workforce diversity data – including information on pay – to a "trusted third party to benchmark data anonymously across the sector", a task that it suggests could be carried out by the PRIME programme, the social mobility initiative launched by a raft of major law firms in 2011. Law firms are already required to report data about the diversity make-up of their workforce to the Solicitors Regulation Authority every two years.

Lloyd adds: "The research has provided us with a lot of valuable information, which will inform our approach to inclusion going forwards. We will start by conducting focus groups on the key themes from the research to see what rings true with our people. It reinforces the importance of creating a firm culture where individuals from all backgrounds feel welcomed and will thrive."