‘Progress has not been good enough,’ says Bridget Tatham, a Birmingham insurance partner at Browne Jacobson. ‘The fact there’s scrutiny and a spotlight on it can only be a good thing but we can’t hide behind it.’
According to the most recent data from the Solicitors Regulation Authority (SRA), the number of Black partners in the UK did not increase between 2015 and 2023, despite law firms’ efforts to improve DE&I over this period.
As this year’s Black History Month draws to a close, Legal Business spoke to partners about the progress they have seen and experienced throughout their careers, as well as the change that is still needed to drive representation in the legal profession forward, particularly at partner level.
‘If the data isn’t there, there’s no evidence’
The SRA research found that while the overall number of minority lawyers rose steadily between 2015 and 2023 to 19%, only 3% of full equity partners and 1% of salaried partners identified as Black.
The findings are in line with a separate report – The 1% Study – which was published in 2022 and revealed that only 90 out of 13,000 partners at firms with 10 or more partners identified as Black, despite 4% of the UK population falling into this category.
For Tatham, every bit as important as the number of Black lawyers working in law is where they are working. Pointing to the data from the SRA showing that the vast majority of Black, Asian and ethnic minority lawyers work in firms with fewer than 10 partners, she asks: ‘The question is why are we not representative as lawyers in corporate, international firms?’ 
‘We can’t simply say that [senior Black representation] is just going to take time,’ Tatham adds. ‘The reality is that there have always been talented Black professionals who, for various reasons – including systemic obstacles as well as overt racism – have not been given the opportunity to progress.’
In an industry where progression into the partnership is driven by working the right number of hours for the right clients, fair allocation systems are vital.
‘You have to look at if the allocation of work and access to clients is fair,’ says Karl Brown, a Bristol-based commercial property partner at Clarke Willmott. Brown emphasises the importance of all fee earners ‘having sufficient opportunity for client interaction regardless of background’, a criteria he claims is not always met.
A&O Shearman London pension partner Jessica Kerslake maintains that there have been improvements in the industry since she started her legal career 21 years ago, despite the latest figures indicating a slow down.
‘Things have changed significantly,’ insists Kerslake. ‘When I started out as a trainee in 2004, there were very few Black faces anywhere in the City.’
For Kerslake, the mere existence of DE&I metrics is indicative of improvement over time. ‘When I was a trainee in 2004, I don’t think there were any statistics,’ she says. ‘The data is incredibly helpful because you can have certain feelings [about the presence of discrimination] but if the data isn’t there, there’s no evidence.’ Breaking down the hours associates log therefore becomes an important part of analysing whether work is being allocated fairly, she explains.
‘It’s about challenging why you keep going back to the same person’
‘I think it is valuable to not be too guarded about these conversations. If there is a sense a partner hasn’t been giving opportunities fairly to junior lawyers, we should be able to ask why that is. It’s human nature to want to work with people who have done well in the past or who remind us of ourselves. It’s about challenging why you keep going back to the same person for work and asking, am I giving everyone an equal opportunity to showcase their skills?’
Tracking the numbers can allow firms to spot problems and address them. In 2020, legacy A&O announced that it had been working on improving its ‘stay-gap’ after data revealed that Black lawyers were leaving the firm over two years earlier in their careers than white peers. ‘We reviewed our exit interview process to make sure that people’s experiences were heard and to help identify ways we could improve,’ says Kerslake.

‘If you don’t know what the issue is, how can you correct it?’
Similarly, Browne Jacobson began voluntarily reporting its ethnicity pay gap in 2019, allowing the firm to analyse and challenge remuneration and promotion decisions. In 2019 the pay gap stood at 18.7% but by 2024 it had fallen to 16%. ‘Data drives action,’ Tatham notes, ‘if you don’t know what the issue is, how can you correct it?’
It’s an argument demonstrated by progress at A&O Shearman. In 2019, the firm’s reporting showed that no legacy A&O partners identified as Black. Today that percentage stands at 3%, with the percentage of associates identifying as Black doubling from 3% to 6%.
But it isn’t just about the numbers. As well as data-driven metrics, A&O Shearman is also trying to improve collaboration between associates and partners, as well as with clients, says Kerslake, to help develop the relationships needed for career progression.
One popular softer-skills option for firms is reverse mentoring. Over at Clarke Willmott, Brown says the firm’s scheme means ‘junior staff can share their experience to help shape and inform senior leadership, which is an important element for retention and progression.’ 
He points to the skills he gained from his own senior consultant mentor as ‘invaluable’ in building his career.
‘It can be taken as a given that, as a person rising up through the law firm, you’re aware of all the dos and don’ts,’ he says. ‘But if you’re from a background where your parents weren’t in the profession, you need someone to point out the parameters which you’re trying to aspire to.’
For Brown, representation won’t be properly improved unless there is an industry-wide solution. He founded the Bristol Property Inclusion Charter for the real estate sector in 2019, to boost collaboration in promoting diversity and opportunity and wants to see the legal industry work together more closely too.
Tatham goes further, referencing inclusion work Browne Jacobson has done with clients which improves experiences for mentees as well as deepening client relations.
However, she is concerned about global pressure on future DE&I initiatives in the legal profession given Trump’s actions in the US. ‘It’s going to take some very strong law firms to stick to their commitments regarding Black retention and the growth of Black talent to ensure that we don’t go backwards,’ she warns.
All three partners stress that the benefits of DE&I go beyond simply a ‘moral objective’.
‘There are strong business benefits to creating a broad range of opinion and expertise within the firm,’ says Brown.
‘The question is why are we not representative as lawyers in corporate, international firms?’
Attracting a more diverse workforce isn’t just about policies, values and culture though. As Kerslake comments: ‘All firms promote inclusive cultures, but if there are no Black people in positions of power, or anywhere that young lawyers can see, they’re going to question why that is.’
But this shouldn’t be about targets or tokenism. Speaking about her own partnership in pensions, Kerslake says their unique perspectives bring different things to the table which strengthens decision-making. ‘It’s about talent and merit rather than ticking a box. If you put someone in a position of responsibility that they’re not yet capable of dealing with, it’s damaging to the person, to the firm and to the inclusion efforts. There’s an abundance of Black talent and potential.’
‘Having high performing, talented Black partners that can inspire the next generation is incredibly important to give junior lawyers the confidence that their firm is a place where they can truly shine and where they will be judged by their performance and not the colour of their skin.’
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