Diversity Matters – Talking Pride in the Law with our LGBTQ+ Lawyers

THE LAW WITH OUR LGBTQ+ LAWYERS

Scott Smith Senior Associate, Howes Percival

Last year, the Law Society published their research paper into the experiences of the LGBTQ+ legal community, aptly named “Pride in the Law”. Th e research paints a fairly positive picture, although there is clearly work still to be done to make the profession truly inclusive. In this article, we take a look at some of the key fi ndings and speak to some LGBTQ+ lawyers within the community and their allies to see how their experiences compare.

Out and Proud

Ask any openly LGBTQ+ person about the fi rst time they told someone about their identity (normally referred to as “coming out”) and no doubt they’ll have a story to tell you. Th e process of “coming out” is a continual one, and even those who are openly themselves with close friends and family will openly themselves with close friends and family will likely fi nd themselves making decisions about likely fi nd themselves making decisions about whether to come out in various workplace whether to come out in various workplace settings. Th e Law Society’s paper settings. Th e Law Society’s paper indicates that just over 4 in 5 LGBTQ+ indicates that just over 4 in 5 LGBTQ+ lawyers are out to their colleagues, lawyers are out to their colleagues, but only around 2 in 5 are out to clients. Th ese proportions are higher than the fi gures from the Law Society’s 2009 survey, but clearly some still have concerns about coming out at work.

Scott Smith at Howes Percival comments that “whilst I identify as gay and I am happily out to most people I know including my colleagues at work, there are still occasions where I have to decide still occasions where I have to decide whether to come out to a new connection whether to come out to a new connection or rely on gender neutral terms like “my or rely on gender neutral terms like “my partner” to avoid outing myself.”

Many in the LGBTQ+ community fi nd that coming out becomes easier as you tell more people and become more comfortable in yourself. Th is seems to be backed up by the research which indicates that being out at work is easier for those in senior positions. Charlie Lyon-Rothbart at Taylor Vinters agrees and told us that “being out in the workplace can be easier the older you are and/or the longer you work somewhere. It was probably only from 2016 that I fi nally started to shed the fear of the reveal and take the attitude of “I am who I am and I have every right to be it.”

Although the statistics around coming out at work are a good barometer of LGBTQ+ inclusivity, a truly inclusive organisation will ensure that their employees feel comfortable being themselves at work without fear of discrimination or poor treatment as a result – neatly summarised by the increasingly popular slogan “bringing your whole self to work”. Th e results of the Law Society survey found that 97% of respondents felt they could be themselves at work at least some of the time, and it is clear that the industry is moving in the right direction. Emma Bowman at HCR Hewitsons notes that “even 15 to 20 years ago, attitudes were very diff erent to those of today”.

Despite the positive trends, not all LGBTQ+ lawyers had an entirely positive experience. Over 1/3 of respondents to the Law Society’s consultation had experienced some form of homophobia, biphobia, transphobia or other negative treatment as a result of their sexuality in the workplace.

Law Society’s consultation had experienced some form of homophobia, biphobia, transphobia or other negative treatment as a result of their sexuality in the workplace.

Nelson Clarke, Legal Counsel Nelson Clarke, Legal Counsel at Illumina notes that at Illumina notes that “being LGBTQ+ still requires greater LGBTQ+ still requires greater personal courage and inner personal courage and inner fortitude where representation fortitude where representation at senior levels of fi rms and at senior levels of fi rms and in-house management teams in-house management teams remains scarce. Businesses remains scarce. Businesses can also do more to fund and can also do more to fund and prioritise engagement with the prioritise engagement with the community, making space for community, making space for authentic networking opportunities, authentic networking opportunities, both big and small, for this both big and small, for this community and its allies community and its allies across organisations.” across organisations.”

Allies and Role Models

One of the keystones to ensuring LGBTQ+ lawyers feel comfortable being themselves at work is having the visible support of their colleagues, and this is a clear theme from the Law Society research paper. Around 9 out of 10 LGBTQ+ lawyers who responded to the Law Society consultation reported having supportive colleagues or allies in the workplace. Actions such as challenging inappropriate behaviour and educating themselves on LGBTQ+ issues were highlighted as some of the ways to be a good ally.

Kieran John at Taylor Vinters agrees: “I see three aspects to my role as an LGBTQ+ ally in the workplace. Firstly, learning and understanding the challenges that LGBTQ+ colleagues may face - either through wider reading or by listening

to colleagues. Secondly, implementing the learnings – for example by drafting gender neutral agreements and including pronouns in email signatures. Finally, publicly challenging any micro aggressions and supporting firm wide campaigns that promote inclusion and equality.”

Whilst most respondents to the Law Society research felt they had allies in the workplace, less than half of respondents felt they had positive LGBTQ+ role models to look up to. Having visible role models in the workplace, particularly at senior management level, helps to foster inclusivity. Seeing openly LGBTQ+ lawyers being supported by their colleagues and managers, and being successful within an organisation can really empower others to come out and be their authentic selves at work.

These findings are not just supported by the Law Society research; the benefits of having visible role models was something that was mentioned time and again by those lawyers we spoke to. Ashley Williams at Taylor Vinters told us “for most of us, just seeing other LGBT+ staff members in the workplace has a significant impact. I gain reassurance from having visibility of those who have already walked the path I am on, particularly when they hold senior positions in the firm. I have a sense of pride working with senior members of the firm who are openly gay and strong straight allies. It gives me confidence to be completely open in the workplace”.

Similarly Emma Bowman of HCR Hewitsons Law comments “when I moved to Cambridge about 15 years ago I just decided to be open with everyone and I can honestly say that I have had no negative experiences as a result. It helped that I had openly gay colleagues in my new job. I hope that being out and making it more the norm helps other LGBTQ people feel that they can also be open.”

Staying Connected

Internal or external LGBTQ+ networks can also provide a safe space for those in the community, and approximately two thirds of respondents to the Law Society research were part of an LGBTQ+ network. Staying connected with other LGBTQ+ lawyers facilitates a sharing of experiences and creates a support network of like-minded individuals with a clear understanding of the challenges faced by the community.

Mark Ness, in-house Counsel at AstraZeneca agrees, and told us about the importance of these networks for him when joining his current organisation: “When I joined AZ five years ago, I had the usual anxieties about whether or not I’d need to hide my sexuality at work or whether I could be open. Discovering AZPride (AstraZeneca’s internal LGBTQ+ network) released me from this anxiety because it was a clear sign that I’d joined an organisation that supported inclusion and diversity and that I could be my true self at work.”

Although some of our larger members like AstraZeneca and Mills & Reeve have internal networks, not all firms have these in place or are large enough to be able to facilitate them. For those of you at our smaller member firms, one way to connect with others in the LGBTQ+ community is to join external networks such as the Encompass Network (https://encompassnetwork.org.uk/) or the LGBT+ Cambridge Professional Network on LinkedIn. These networks run events specifically to promote inclusion and build connections within the LGBTQ+ community locally. Cambridgeshire Law Society is also considering the creation of a cross firm Cambridgeshire wide network for the LGBTQ+ community and would be interested to hear from any of our members who would like to be involved, so please do get in touch!

A Positive Picture

Overall, the Law Society’s “Pride in the Law” research paper indicates that the legal profession is making significant strides towards inclusion for those in the LGBTQ+ community, and those we spoke to echoed these findings. Although there remains nervousness for some around coming out at work, the potential for more LGBTQ+ role models and more research needed into trans and non-binary experiences, progress continues to be made. We at the Cambridgeshire Law Society sincerely hope this trend continues so all our members can feel comfortable being their authentic self at work.

A huge thank you to all our contributors to this article – we wish you all continued success in your careers. If you have a story or opinion to share about your experience of EDI within the Cambridgeshire legal community, or want to get involved with our Diversity Matters initiative please get in touch with Scott Smith our EDI officer (scott.smith@ howespercival.com) or Penelope Harrington our administrator (admin@cambslaw.com)!