Jonathan Burke, Dechert

As part of our series of articles about race and the legal industry, Dechert London trainee Jonathan Burke pens his thoughts on the unhelpful argument of U.K. vs U.S. racism and how the legal profession must do better when it comes to diversity.

George Floyd's death at the hands of four police officers has been the catalyst for protests throughout the USA and further afield, including here in the U.K. This senseless killing was not an isolated incident. Rather it is the latest symptom of a larger, systemic issue.

In a BBC interview soon after the murder, George the Poet, a musician and podcaster, was asked why black people in the UK were so riled by this latest injustice.

Often, those in power in Britain seem to want some kind of commendation for what is deemed a more palatable version of racism in this country.

"You're not putting America and Britain on the same footing?" the presenter asked. "Our police are not armed… the legacy of slavery is not the same."

The presenter is perhaps unaware that up until 2015, British taxpayers were still paying compensation to former slave owners for the loss of their 'property'. Often, those in power in Britain seem to want some kind of commendation for what is deemed a more palatable version of racism in this country.

This perception is not only wrong, it is dangerous. The families of Rashan Charles, Sarah Reed and Julian Cole, all victims of police brutality in the U.K., would likely dispute this view. Furthermore, this fallacy breeds a complacency that nothing more needs to be done to combat racism.

As a young black lawyer, these last few weeks have been exhausting. I have experienced a myriad of emotions, whilst still working hard to continue to meet client deadlines. This has been extremely difficult. All of this is set against the backdrop of the coronavirus pandemic, with black people four times more likely to die of COVID-19 compared to white people.

Law is an elitist profession which continues to lack diversity. My firm has been excellent at helping me to feel comfortable and empowered to express my views. However, as is the case throughout the profession, the majority of my colleagues are not directly affected by issues of race.

Like many black lawyers, I feel as if I have had to work twice as hard to get where I am today. Most of my colleagues don't know what it's like to deal with micro-aggressions, or to be the only black person in a classroom, at an assessment day, in a trainee intake, in a meeting, in a department or in an office.

George Floyd's death and its aftermath has crystallised many of the issues black professionals face. This feels like a turning point. Many businesses have spoken out and donated to causes fighting racism.

Law firms must take this opportunity to assess what more can be done to combat the glaring lack of diversity. Diversity statistics which group all ethnic minorities together under the 'BAME' umbrella, mask the struggles faced by black lawyers.

The attrition rate of black associates across the industry is startling.  The number of black partners is not representative of wider society. Law Society figures state that across the profession, just 1.6% of partners are black, falling to 0.6% at the largest firms. Some firms remain reluctant to address their recruitment policies or provide training on issues such as white privilege and unconscious bias.

This feels like a watershed moment. I hope law firms are prepared to be on the right side of history.

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