Judges: Encourage younger lawyers to apply, report suggests
The proportion of women lawyers “fluctuates but ultimately decreases” on the pipeline from qualifying to becoming judges, a report for the Legal Services Board (LSB) has found.
More support for women and those from ethnic minorities to progress their careers could ultimately lead to greater numbers applying for appointment, it said while younger lawyers – where there is greater diversity – could be encouraged to apply.
The report said it was important to consider “the wider systemic issues and context” of the pipeline for judicial appointments, and the LSB has published it alongside one on barriers to diversity in the profession.
They come at a time when the LSB is reviewing its guidance on to regulators on equality, diversity and inclusion, and considering how regulation could promote increased diversity.
Researchers said women were “consistently under-represented” as barristers at all stages along the pipeline, while they tended to be over-represented among solicitors.
Women were less likely than men to apply to the judiciary at earlier stages in their career, but when they did, they were more likely to be shortlisted and recommended for judicial office.
The proportion of lawyers from ethnic minority backgrounds also shrank as their post-qualification experience increased, but they were over-represented among judicial applicants and less likely to be shortlisted and recommended for office.
The overall representation of ethnic minority lawyers, like women lawyers, “fluctuates but ultimately decreases” along the pipeline from qualifying as a lawyer to being recommended for judicial office.
In terms of progression when applying for judicial posts, 50% of shortlisted White candidates went on to be recommended, compared to 43% of ethnic minority candidates.
The LSB commissioned research consultancy SQW to produce the report profiling the diversity of the judicial talent pipeline, on behalf of the Judicial Diversity Forum and with funding from the Ministry of Justice.
SQW found that more than half of senior lawyers, including silks and senior partners, were White men (55%) and a further 10% ethnic minority men. White women occupied 29% of senior positions and ethnic minority women 6%.
In contrast, 78% of chartered legal executives were female and, unlike solicitors and barristers, female representation was maintained among more experienced lawyers and at partner level.
The majority of sitting judges were aged 50 and over, but younger solicitors and barristers were more likely to be shortlisted and recommended for judicial office than older candidates.
However, most applications and recommendations were for older and more experienced lawyers.
“As applicants get older, the gap in shortlisting and recommendation between barristers and solicitors decreases.”
Applicants who identified as disabled were “slightly more likely” to be shortlisted and recommended for judicial office.
The same was true of those who identified as being lesbian, gay or bisexual, and those applicants “without a faith”.
Candidates from private schools were also more likely to be shortlisted and recommended, while those who were the first in their families to attend university were not.
Researchers said that more support for “a wider pool of younger, eligible professionals” could help improve “not only the age profile among judges, but also diversity in terms of other protected characteristics”.
Improving support available to chartered legal executives to apply for judicial posts could also help to improve the representation of women in the judiciary.
More could also be done to encourage state school educated alumni to the Bar – and to stay there – and that improving the recommendation rate for solicitors might also help to improve judicial diversity.
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