However, less than half of respondents felt that the sector was doing well in improving diversity or were unsure about its progress. And despite the focus on D&I in recent years, a quarter of respondents believe or are unsure whether their senior management is fully committed to D&I—the same figure as last year.

For Wilson, the figures show that despite all the fanfare from organisations and firms on their D&I initiatives, there is “still a lot of work to do” and “the tone from the top is critical”.

“There may be a disconnect between employers and their employees, and there simply needs to be better communication,” she reflects, adding that the onus must be on firm leaders, rather than just staff who come from different backgrounds.

“It can be very exhausting when you’re the only person in the room who looks like you and everyone expects you to lead the diversity initiatives,” she says. “Diversity can benefit everyone and it shouldn’t be that the lone ‘diverse’ individual in the room is the person who leads the charge.”

The static figures concerning leadership commitments are also disappointing to Finnegan’s managing partner, Erika Arner. “Even one or two percentage points is a move in the right direction, so when you see no movement at all on D&I stats, it is frustrating,” she observes. “D&I is a topic at every meeting, there’s a lot being written about it. But talk is one thing and action is another.”

Alissa Naran, partner at Adams & Adams in South Africa, notes that diversity policies are insufficient if the partners or management team members do not fully comprehend the challenges that exist.

“There are a number of law firms in South Africa that have policies or are working on policies, because they are required to have them, from a compliance and corporate governance perspective. However, not all firms are committed to ensuring those policies are implemented,” she reflects.

“Law firms that have policies purely for corporate governance and compliance purposes, but do not understand the social and economic barriers of historically disadvantaged groups or minorities, will struggle to transform to create an inclusive environment,” she says. In some regions, a history and legacy of racial inequality can exacerbate the challenges of achieving D&I.

As Naran explains, diversity can be seen and experienced as an “uncomfortable discussion topic” in her country. “South Africa’s history of apartheid and racial discrimination means that people are constantly and acutely aware of racial tensions and there is a level of avoidance when it comes to conversations about diversity, because it may be confrontational.

“Employees tend to shy away from or do not engage in conversations about diversity because it is often seen as being ‘too sensitive’. Junior attorneys may as a result be unaware of the policies and initiatives in place.”

Diversity training, she adds, is critical if firms and employees are to move beyond this “discomfort”, and “really want to see change”.

A psychological toll

According to the survey, nearly 20% of respondents define themselves as a minority, and nearly half of those surveyed believe that coming from a minority background remains a barrier to the profession.

Fewer than two-thirds of respondents (62%) know of senior people who are from ethnic minority backgrounds, the same figure recorded in 2021.

In good news for minority communities, progress does seem to be happening, at least at entry level in law. In the US, the cohort of summer associates at law firms last year was the most diverse ever recorded, according to the “2021 Report on Diversity in US Law Firms” published in January by the US-based National Association for Law Placement (NALP).

Both the percentage of summer associates of colour and the proportion of LGBTQ+ summer associates reached historic highs, at 41% and 8%, respectively.

On the downside, levels of diversity continue to lag at more senior levels. The NALP report showed that in US law firms, in 2021, only 9% of equity partners were people of colour, a mere 1% gain compared to the previous year. It also found that only slightly more than 4% of all partners are women of colour, while Black women and Hispanic women each continue to represent less than 1% of all partners.

In the UK, the picture is similar. Only 8% of partners at the largest UK firms are Black, Asian, or of other ethnic minority backgrounds, according to diversity information released in February 2022 by the UK Solicitors Regulation Authority, which is based on data supplied by more than 8,700 law firms employing over 180,000 people across England and Wales.

While many firms are making headway when it comes to recruiting from more diverse pools, there can be further obstacles when it comes to inclusion and retention, leading to attrition of promising diverse attorneys.

According to our survey, 57% of participants said they felt disadvantaged at some point during their IP career, while 45% felt discriminated against.

These statistics resonate with Wilson, who shares her own experience of being disadvantaged as a Black woman during her career—an issue that prompted her to look for opportunities elsewhere.

“I was interested in expanding my career into another area of law and spoke to the hiring manager about it, and was met with the response that the firm would like to have someone with more experience. Initially, I thought that this made sense, that they wanted someone who could hit the ground running,” she explains.