LGBT in law: what next?

It is tempting to believe that the prejudice and problems experienced by gay people have now largely been consigned to the history books: an ugly issue which no modern professional would ever have to deal with. That’s wishful thinking however, and the reasons for it are more complex than straightforward homophobia.

Anyone looking for proof that gay men and women still encounter problems because of their sexuality need not look any further back than 10 years, when BP chief executive Lord Browne was outed in a Daily Mail kiss-and-tell story and sought to cover up his private life by committing perjury. He subsequently resigned, his ordeal stemming from a lifetime lived in the closet, fearful that to come out would spell the end for him.

Despite the high profile resignation, no such doom awaited him. In a letter to the Financial Times four days afterwards, scores of high-powered City colleagues added their signatures to a statement which read: “Sir, We wish to place on public record our support now and in the future for our friend John Browne and to thank him for his immense and unique contribution to business, the economy and to art, culture and the environment. We wish him well, stand by him and look forward to working with him in the years ahead.”

Still, in a 2014 interview with The Guardian, Browne admitted that although the majority of people he comes into contact with take no issue with his sexuality, he has encountered, ‘“tight smiles from businesspeople who clearly “want to avoid me”.’

Perception problems

The City is often portrayed as more traditional than many sectors of society – do its views on sexuality conform to that model too?

“The City should no longer be considered traditional,” argues Clifford Chance partner Narind Singh. “It is a progressive place and there is a genuine belief in almost all organisations that being diverse is important to be able to retain the best talent and win the best work. I would say overall law certainly is an LGBT-friendly profession.” Most large firms now have numerous diversity groups, the Stonewall list of top LGBT-friendly organisations is heavily spotted with legal businesses, and gay judges march in London Pride – something that would have been unheard of not long ago.

Meanwhile, Parliament’s 2013 approval of the divisive gay marriage bill shows how far the law itself has progressed in protecting gay citizens’ rights. Although plenty opposed the bill, a Conservative-led government stood firm.

Just ten years before that, same-sex parents did not even have the same right to parental leave as straight couples.

But despite the advances that have been made, perceptions of the law remain a problem. “We get the same amount of people who think that we recruit only from Oxford and Cambridge: it’s a personal battle we are fighting continuously,” says Toby Horner, a member of the graduate recruitment team at Clifford Chance. “But anyone who spends time in the firm sees the breadth and variety of the people who are here. There is certainly still a gap the way some people view us or expect the firm to be, and the way it really is.”

“One of the biggest problems for students is that law firms’ websites tend to represent every different type of person and it can be hard to distinguish what is marketing and what is real life,” he continues. “That’s why we try to be visible on campus as well. I am very lucky that we don’t have to search hard to find LGBT people to represent the firm at universities: they want to volunteer, so it is never a difficult thing for us to do.”

Career questions

In 2012, gay legal network InterLaw commissioned a study which found that “the more an individual diverges from the elite-educated, white, male norm the less well-paid and the less satisfied they will be with their career progress.” That being the case, lesbians arguably have it harder than gay men when it comes to the workplace. Female partners at top firms are already hard to come by (they make up an average 15 per cent at most firms) and so there are simply fewer lesbians than gay men at firms.

A positive LGBT outlook was a key element of what Clifford Chance associate Laura Whiteway-Bell was looking for in a firm when she first when she was first applying to training contracts. “I didn’t want to be in a place where had to hide who I was – I spent too much time and energy doing that as a teenager and I knew I wouldn’t be able to concentrate 100 per cent on my job if I was worrying about the reaction I may get to coming out,” she says.

“I was a bit apprehensive about coming out during my vac scheme at CC, but mostly because I knew any negative reaction would be a deal-breaker, despite the firm’s other attractions. But everyone was really positive and helpful and the HR team put me in touch with the firm’s LGBT network within the first few days. In fact, apart from my first ever job when I was 16, I have always been out at work and never had a negative reaction.”

The future

What is the next step for LGBT diversity in law? What can be achieved in the next 10 years? And with large firms like Clifford Chance increasingly sophisticated in their thinking when it comes to inclusion, is there any more that can realistically be done?

“Clifford Chance, and from what I know other large firms, are truly committed to inclusion and this commitment generally pervades the firm. However, there is always more that can be done,” says Singh. “One area where we have had less success is trans inclusion and I know we are not alone in this. We are trying very hard to fix this but progress is relatively slow and I think it will take a little more time for all of our trans colleagues to feel as empowered as our LGB employees.”

“We are seeing that the question of transgender visibility has become much more prominent now,” agrees Horner. “We may well start to see more trans students on campus, and the next level as a society will be creating the acceptance for those people to begin to feel comfortable in society and the workplace.”