Susan Belgrave, barrister, 9 Gough Square
Narrow minds and own goals
Social exclusion at the bar is as old-fashioned and damaging to lawyers as racism is to football
Susan Belgrave, barrister, 9 Gough Square
Allegations of racial abuse in football are such a hot topic that even a football agnostic such as myself has become aware of them. Last month I was bemused to see footage of Porto fans allegedly shouting racist epithets and making monkey noises aimed at Manchester City’s black players while having a few black players on the field themselves. Cognitive dissonance much?
Race is one of the fault lines in social policy. Add to that sexual orientation, religion, disability, age and sex, and you have my staple diet as an employment barrister and equality and diversity officer in chambers. While it is true that the fight for equality of opportunity, if not equality of outcome, has made considerable advances since I was called to the bar in 1989, there is still work to be done. This is as true for ourprofession as it is for society as a whole.
The bar has evolved from the frosty reception that issues of diversity first received to an open embrace that seems genuine in its attempts at inclusiveness, even if sometimes slow in execution.
Talk of discrimination used to be met with derision, disbelief and an offended silence. Less frequent now are the days I am mistaken for a court clerk or even a waitress in the Inns of Court. Few would now imply that women or minorities are expecting preferential treatment because they complain of the shortage of people like themselves in the upper echelons of the profession.
There is a widespread recognition that simply saying anyone can become a barrister if they are good enough does not mean talent will effortlessly then rise from Newcastle to Belgravia. The bar has historically been the preserve of the middle classes who can set their children on the right career path as easily as they send them to piano and tennis lessons. It is almost impossible when your family, your friends, your school and your neighbourhood have not even a passing acquaintance with the cloistered world of the Temple. This is a pernicious waste of talent. Exclusion based on social class is still something we have to work on.
We can consider how we select our pupils to give those without the advantage money can buy the entrée into our world their talent deserves.
There are many outreach programmes encouraging children from state schools to have work placements or mini-pupillages in chambers.
The more the bar reflects society, the more society will respect the bar, not as grasping elitists slightly less disliked than bankers, but rather as a profession that is important to the fabric of society. The future of the profession depends on how we adapt to an increasingly diverse society and market for our services.
Footballing antics often make me wonder whether we are making any progress in society, but then I remind myself that, through many invisible steps, the arc of history is long but it bends towards justice.
Readers' comments (7)
Joan Clayton | 5-Mar-2012 12:16 pm
Whilst this is a good article, it doesn't explain what happens when those few from "disadvantaged backgrounds" make it to the Bar. The money earned, particularly if you are at the criminal bar and take on legal aid cases, is miniscule. Criminal barristers are often forced to fund themselves on £300 - £600 per month. This barely covers travel as barristers based at Chambers in London are often sent to places like Brighton, Doncaster and Manchester on their meagre earnings. Then factor in rent, bills, clothing, textbooks etc. The government does not pay barristers legal aid cases like any normal debtor or client would. Those from "disadvantaged backgrounds" that have been able to rise above the social exclusion will have to deal with this. As their/their families pockets are not deep, many are forced to quit the Bar as it is no longer sustainable. This leaves the wealthy individuals at the bar. At every turn, those who are from "disadvantaged backgrounds" will find themselves at a disadvantage against their wealthy peers. What is the government going to do about that?
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Anonymous | 6-Mar-2012 12:57 pm
good article - people sometimes forget that irrespective of race or social background - the bar is a daunting prospect and it takes enormous courage to undertake the gruelling training at great financial cost. Unless you are the rare breed of an eternal optimist this is likely to take its emotional toll as well. Those privileged to have had the path cleared for them (from supportive family members) can embark upon such a course with greater confidence (despite the challenges that they will also face). I don't believe in positive discrimination for those socially underprivileged but I do believe a genuine message of support and encouragement (the emphaise on genuine) that those with the talent and courage will be rewarded.
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Anonymous | 7-Mar-2012 1:45 pm
I can only see things getting worse - no matter how wide the bar wishes to throw open its arms. It costs so much to get to the stage of pupilage who in the right mind would risk becoming a criminal barrister and stomach the massive debts that entails? You would need to be crazy or rich. When my working class and Asian cousin asked my advice I said to do something else unless he felt it like a vocation akin to becoming a priest. Its the only level of dedication that will do for people from our background. I, alas, quit the bar as I did not have that level of dedication.
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Anonymous | 7-Mar-2012 5:09 pm
Good article although how much responsibility and self honesty do black people take for not being polished enough. Even middle class whites find it tough to make it into the bar. Education is not just about exam results and mental dexterity. It is about a whole host of things that make Barristers what they are. Therefore, this is not a black and a white thing - it is an elitsm thing. And is not a good thing that Barristers require only the elite to join their ranks? Black or white? And if there are not enough blacks to make the grade then shouldn't we be looking elsewhere in order to help black people into the Bar?
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Anonymous | 8-Mar-2012 7:24 pm
the bar.What an outdated and out of touch profession.Is it not time to be like other countries and have one lawyer rather than the current split in the legal profession.People from so called ethnic minorities have more chance qualifying as a solicitor.
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Anonymous | 9-Mar-2012 12:52 pm
Does it matter that the bar is out of touch? It is not a social institution. Its purpose is to deliver world class legal excellence and ensure the highest of standards. Do we really care if they are a bit stuffy, wear trousers above their ankles, and have hairy nostrils. So long as everyone has the opportunity to join them ....if they make the grade. I really don't think the bar will benefit from being "socially cleansed" purely because we think it is about time.
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Anonymous | 12-Mar-2012 7:37 pm
Anonymous | 9-Mar-2012 12:52 pm...
Couldn't agree with you more, apart from the nostrils. As long as everyone has the chance, if they make the grade, should be the mantra.
The Bar is not well-placed even to attempt to redress underlying issues concerning a lack of social or educational mobility. What it can do is make sure that everyone who is bright enough to succeed knows that there is a Bar out there who would love to have them on board, if they are good enough.
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