The launch of the Law Society’s Diversity and Inclusion Charter on 8^th July is the latest step in the profession’s commitment to equality, diversity and inclusion and a timely reminder for practitioners to ensure that they keep up to date with their legislative and regulatory duties in this area.

In order to achieve Lexcel accreditation, the Legal Services Commission Specialist Quality Mark, or Investors in People, firms have to satisfy specific requirements regarding the avoidance of discrimination and the promotion of equality and diversity. In addition, all solicitors should be aware of their responsibilities as employers under current anti-discrimination legislation and the additional professional conduct requirements.

Equality and diversity provision in the solicitors’ profession is now governed by Rule 6 of the Solicitors’ Code of Conduct 2007, which came into force on 1st July 2007 and was amended on 31^st March 2009. Compliance with this rule will be relevant in a Practice Standard Unit (PSU) visit. Previously, firms could rely on the Law Society’s model policy either expressly or as a default provision; the new Code of Conduct introduces a positive duty under Rule 6.03 which now requires “a recognised body, a manager of a recognised body or a recognised sole practitioner” to “adopt and implement an appropriate policy for preventing discrimination and harassment and promoting equality and diversity within the firm.” Solicitors with management responsibilities in in-house practices are subject to Rule 6.04: they must make “all reasonable endeavours” to ensure that an appropriate policy is adopted and implemented, and take “reasonable steps to ensure that all staff within their department are aware of, and act in accordance with, its provisions.”

It is important that firms ensure that their policy is appropriate for the particular organisation. Guidance note 22 to Rule 6 advises that all policies should meet a number of core requirements. Inter alia, the policy should outline how the firm “plans to implement, communicate, monitor, evaluate and update its policy”, indicate how complaints and disciplinary issues will be dealt with, and demonstrate the firm’s “commitment to the principles of equality and diversity and to observing legislative requirements”.

Implementation, monitoring and evaluation

Clearly, failure to have an appropriate policy would result in non compliance both under the Code of Conduct, and the Lexcel Standard. However, the mere adoption of a policy is insufficient: firms must ensure that everyone concerned understands and complies with it. Of course, this is not only important from a regulatory viewpoint, but is also good risk management: consider, for example, the cost to a firm if sued successfully by an employee under anti-discrimination legislation both in financial terms and to its reputation.

Lexcel, with its emphasis on training and evaluation, assists firms in ensuring that their policies are properly implemented and regularly monitored. Lexcel Standard 5.4 requires that the induction process cover key policies. Additional equality and diversity training could be included in the firm’s annual training plan, particularly for those involved in practice management and recruitment.

This article has sought to introduce some of the issues arising for lawyers in the areas of equality and diversity. For more detailed information on this subject consult the websites listed below. The Centre for Assessment & Recognition Ltd. can provide local guidance on equality and diversity compliance through its Regulatory Health – Check Visits and Lexcel Consultants will be able to assist in relation to the requirements of the Lexcel Standard.   

Further resources.

There are numerous resources available on the web but the following are specifically relevant to solicitors:-

http://www.lawsociety.org.uk/aboutlawsociety/promoting.law – contains links to:

• The Disability Discrimination Act 1995 - An essential guide for solicitors (3^rd Edition 2004)

• Delivering Equality and Diversity: A handbook for solicitors (this predates the 2007 Code, but is still useful and contains a comprehensive list of interest groups and contacts in Section 7)

• The Law Society Disability Equality Scheme (DES) (Dec. 2006)

www.lawsociety.org.uk/home.law - contains links to the Law Society’s Diversity and Inclusion Charter.

www.legalservices.gov.uk/docs/civil_contracting/070830equalityanddiversityguidanceforLSCproviders(1)

• Legal Services Commission Equality and Diversity Policy Guidance 2007. (See also the LSC appendices to the General Criminal and General Civil Contracts on the LSC website.)

Susan Sloman is a non practising solicitor and Lexcel Consultant with experience in academic education. She specialises in client care, risk management and staff training, and is available to conduct diagnostic assessments against the Lexcel Standard.