Westwood: Problems are not isolated to the Bar
Bullying and harassment is not limited to the Bar and “disruptive action” may be needed to create a “fair, healthy, diverse and inclusive legal profession”, the Legal Services Board (LSB) has warned.
In a submission to the Bar Council’s independent review of bullying and harassment, Craig Westwood, chief executive of the LSB, said progress in improving diversity across the sector had been “too slow – in particular, the pace of change in closing progression gaps at senior levels”.
As the oversight regulator, the LSB had “a role to play in setting standards and expectations for the organisations we oversee, to ensure that regulatory levers and tools are being used to tackle entrenched systemic issues in the legal profession”.
There had been “some progress”, Mr Westood acknowledged, but “more targeted and disruptive action may be required to bring about the change necessary to achieving a fair, healthy, diverse and inclusive legal profession – including the Bar”.
Describing the Bar Council review, chaired by Baroness Harman KC, as a “welcome step”, Mr Westwood said: “That the Bar is facing serious issues of bullying, harassment, sexual and other forms of misconduct is well evidenced by research undertaken and reports published by representative and regulatory bodies in the sector.
“We know also that issues of bullying, harassment and misconduct are not isolated to the Bar, nor experienced only by barristers, with evidence from the legal charity, LawCare, suggesting concerning levels of bullying, harassment and/or discrimination in the wider legal profession.”
He said diversity often interacted with bullying and harassment, and that evidence, including the Bar Council’s own research, suggested women and minority lawyers were “often more likely” to experience it.
“Our work and the activities of the organisations we oversee are underpinned by a regulatory objective to encourage an independent, strong, diverse and effective legal profession.
“Despite ongoing efforts across the sector, challenges to achieving the regulatory objective remain.
“Progress in improving diversity and inclusion in the legal services sector has been too slow – in particular, the pace of change in closing progression gaps at senior levels.
“Workplace cultures and practices are contributing to widespread mental ill-health and wellbeing issues in the profession.”
Mr Westwood said those regulated under the Legal Services Act had “a responsibility to maintain professional conduct, including to act ethically as individuals and across their work”.
Regulators had “a role to play” in ensuring that any conduct that may undermine public trust and confidence and fail to protect the public interest “is swiftly recognised and addressed”, including “instilling a culture of adherence to professional ethical conduct, the rule of law and the administration of justice”.
Mr Westwood said that in terms of professional ethics, the LSB expected to consult on proposals in the coming months.
He went on: “Alongside this activity, we are reviewing our current guidance for regulators to encourage a fair, diverse and inclusive profession.
“We are aiming to develop a refreshed policy approach that utilises the array of formal and informal regulatory levers at our disposal, with plans to consult by spring 2025.”
