One Anonymous UK Black Lawyer Lays His Experience at Top Firm Bare
"It pains me to say that I cannot, in good faith, advise a promising Black student to pursue a career at a City law firm," says the lawyer.
June 26, 2020 at 04:00 AM
6 minute read
As part of our series of articles about race and the legal industry, one Black lawyer at a U.K. top 20 firm recalls his experiences across his career, and has stark messages for those hoping to enter the industry, as well as its gate-keepers.
"It pains me to say that I cannot, in good faith, advise a promising Black student to pursue a career at a City law firm."
So says one U.K. Black lawyer, who describes himself as "worn down" by his experience in the legal industry so far.
Peter*, who qualified as a trainee several years ago, holds this stance because of the numerous racially-specific challenges he has experienced during his career.
Among the most overtly uncomfortable experiences he has had include being present in a meeting where a "very senior professional adviser" used the phrase "looking for a n***er in the woodpile", which Peter's colleagues kept quiet at. And when leading a group training session, Peter faced a barrage of openly hostile comments from a more junior lawyer.
"Of course, it could just be my imagination, but I've attended hundreds of team meetings in my career, and I've never seen a white lawyer treated with such a lack of respect in that setting," he says.
Just as Linklaters diversity chief Daniel Danso described earlier in June, Peter also finds himself editing his behaviour so as not to be perceived as an aggressor.
He describes taking "extra effort" not to act in a way which can come across as "confrontational", but adds this can sometimes become a paradox.
"If you're confident to the point where you're truly yourself, people are given the option to call you aggressive, or not a team player.
"But if you swing too much the other way, people will ask you to be more confident. There is always an angle to criticize," he says.
He has particular sympathy towards Black female lawyers as a result, with many telling him they have often been referred to as the "angry black woman" for simply trying to do their jobs.
"Unconscious Bias"
Apart from billable hours, Peter argues that most of the metrics used to assess a lawyer's performance are subjective and therefore can be compromised by an individual's unconscious bias.
He suspects questions such as "how well do they fit in the team?" "how much do I enjoy working with them?" and "what are they like dealing with clients?" are all unfairly impacted by this bias, in turn affecting the career development of Black lawyers, and therefore directly impacting law firm's retention rates of the group.
Be it decisions on promotions or the annual ski trip – a niche and somewhat exclusive activity - these decisions unknowingly marginalised Black lawyers, Peter argues.
Yet he knows, and many of his Black peers do too, of the unsaid dynamics at play. Everyday, Peter goes into his predominantly white office, well aware of the huge gap between what law firms could do – and aren't doing.
"It's embarrassing and shameful. But it's the same firm that pays me every month, so I can't even be too critical of it," he acknowledges.
These experiences – on top of many, many others – mean if he could go back in time, he wouldn't advise himself to go into law. The repetitive, systemic patterns means too many barriers are in place.
His advice to young Black professionals who do enter the profession is to try to find a mentor. "If somebody likes you, they will pull you to one side and tell you how to improve", he says. "But if somebody is indifferent to your career prospects, they won't."
He says he's had some great mentors (white and Black), although he "feels more comfortable speaking to Black person about certain issues".
Steps Needed From Law Firms
Peter's advice for law firms is this: don't let your talented Black lawyers leave unless you are absolutely sure you've done everything you can to improve that lawyer's performance and done everything you can to convince them to stay.
Secondly, actively educate yourselves on what racism and prejudice looks like. "It feels like there is an indifference or ignorance about it", he says. "Until there are senior Black people in law firms, the law firm will remain unaware of these issues".
"You can have unconscious bias training once a year – but education needs to be more deep-rooted in the firm's culture."
Thirdly, set internal targets – and make them public. "Publish on your websites that you want to have a certain percentage of black partners by the end of 2025. If it doesn't happen, publicly explain why it hasn't been met. Be accountable.", he says.
While some law firms, including Eversheds Sutherland and Baker McKenzie have launched such diversity targets, the vast majority of firms have not taken that step.
Peter also wants to see more clients like Novartis impose diversity requirements for firms as "there is nothing that will make law firms move faster", he says.
"You'll find that firms can move very quickly if they can see the financial benefit."
For Peter, the ultimate message he want firms to take from the current movement and conversation around race in the industry is this: This cannot be another go on the merry-go-round, where yet another diversity initiative is launched, but we end up back at the start when the ride is over.
"There's no expectation that a law firm has to be perfect – we're just saying do more."
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