Diversity in the Legal Profession: Positive Action and the Limits of the Law

Author: Lizzie Barmes
Publisher: Hart Publishing
ISBN: 9781509988945
Published In: December 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book investigates measures to increase diversity in the legal profession of England and Wales and the impact on these measures of equality law, specifically in the way it enables organisations lawfully to take positive or affirmative action.

The book combines a qualitative interview study of lawyers, legal regulators, recruitment consultants and other civil society actors, with analysis of developments in the legal profession, in equality law and in understanding of the role of law in society.

The evidence paints a puzzling picture of the law on positive action being experienced as limiting what employers may do to advance equality, and yet, of significant positive action being taken anyway, at least in this section of the legal profession.

The glimpse into legal practice provided by qualitative interviews with a range of lawyers, regulators and civil society actors revealed complex attitudes, persistent barriers to fundamental change, and, in hindsight, that liberalizing positive action laws was never likely to make much difference.

This case study therefore cautions against overestimating equality law's power to drive change while suggesting strategies for enhancing its effectiveness.

At the broadest level, the book argues for frank acknowledgment of law's limitations, a stronger focus on understanding how legal mechanisms function in practice before deploying them, and much more attention to the potential for advancing equality and addressing broader societal challenges with more imaginative, innovative implementation of existing laws and the use of non-legislative initiatives.

1. Introduction

2. Setting the Scene I: The Equality Act 2010, Positive Action, Regulation of the Legal Profession and Law's Impact

3. Setting the Scene II: The Legal Profession of England and Wales, Demography, Change and Diversity Measures

4. Unpacking Legal Influence on Positive Action, Equality and Diversity in the Legal Profession of England and Wales

5. Exploring Attitudes to Diversity and Diversity Measures in the Legal Profession

6. Exploring Extra-Legal Drivers and Barriers to Diversity Measures in the Legal Profession

7. Conclusions

Appendix:

Examples of diversity measures, including positive action in the legal profession, that interviewees described

Appendix 2:

Semi-structured interview guide/questions