White pupil barristers more likely to secure tenancy directly after pupillage than Black counterparts, research reveals

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By Legal Cheek on

14

‘Matter of concern’

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White pupil barristers are more likely to secure tenancy on their first attempt compared to their Black counterparts, new research published by the Bar Council has found.

In an update to its 2021 Race at the Bar report, the Bar Council noted that between 2015-16 and 2019-20, just over half of Black pupils (52%) secured tenancy directly after pupillage, compared to 76% of white pupils.

By 2020-21 to 2023-24, the situation had improved slightly, with 67% of Black pupils and 82% of white pupils securing tenancy immediately after pupillage.

This means Black pupil barristers were the most likely to undertake a ‘third six’ (a probationary tenancy) and the most likely to initially join chambers as squatters –remaining at their training chambers without the prospect of securing tenancy.

The BSB referred to the gap as “a matter of concern that may well be improving”, but stressed that it “needs to be kept under review”.

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Overall, the research found that ethnic minority students at the bar “appear to do well” in progressing from pupillage to tenancy, with approximately 93–94% of pupils doing so.

Elsewhere, the update highlighted a significant disparity in earnings among barristers of different ethnic backgrounds.

At the self-employed bar, for example, the median gross fee income is £155,666 for white barristers, compared to £112,866 for Asian barristers and £90,000 for Black barristers.

The update, which you can read in full here, is based on responses from 109 chambers and 34 other organisations.

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14 Comments

Darth Data

Is this adjusted for the difference in outcomes from various tertiary academic institutions or socio-economic backgrounds? Thought not. Reports like this mean people jump to wrong conclusions as to where issues may lie.

thechandra

You mean to account for the known discrimination in those institutions (whichbincidentally havectaken morecsteps,as acresult of better monitoring to combat such discrimination)? Good idea but one step at a time…

Noticer in Chief

The bar requires writing in a detail at length- a skill that was removed from the sqe 1 to aid diversity ….

Sarah

If you are applying for the bar you won’t be taking the SQE (as a very simple google search would tell you) so no idea what your point is here….

(NOT) shocked !!!

It’s disappointing, but not surprising, that non-white trainee barristers are less likely to be retained once qualified or paid the same. This is also being seen in law firms with trainees.

The real question is what privileged people are actually doing to make the profession more accessible. Beyond just talking about it, and doing some research, not much seems to be happening.

It’s great that firms and chambers want to bring in more diverse trainees, but nothing will change until retention and pay are equal for everyone.

Um

Trainee barristers?

Anonymous

Disappointing but not surprising. As an ethnic minority at a large, city law firm, I can tell you first hand that discrimination is alive and kicking through the profession.
If you’re not white, you’re always on the back foot. You are judge much harsher compared to your white counterparts, and you don’t get the same progression opportunities.

SQE Enjoyer

Disparities in outcome are not proof of discrimination.

There’s no proof of the latter, so this is completely irrelevant

thechandra

It is an indicator. As was said in a famous discrimination case decades ago it is unlikely that there will be direct evidence of discrimination of an employer (e.g. “i am firing you because you are black”) and so Courts should know they have to make inferences from indirect evidence

Anon

Articles like this only serve to cause division. Why are you obsessed with race? Is that how you perceive people? As being overwhelming a factor of their race. This is getting tedious, repetitive and achieving the opposite of the intention.

Miss D. Point

Easy to say when you’re not on the receiving end.

Anonymous

Maybe there’s just more white applicants and candidates. Just saying. It’s not always to do with institutional racism.

Surely not

Do you understand how percentages work?

thechandra

It is measured by %. Try reading properly

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