Law Society criticises failure of statutory guidance to drive consistent progress on EDI in legal sector

Current statutory guidance has not driven consistent progress on equality, diversity and inclusion (EDI) and wellbeing across the legal sector, the Law Society has said in its consultation response to the Legal Services Board (LSB)’s draft statement of policy on diversity in the profession.

Chancery Lane also expressed concern at the potential for an increased regulatory burden on small firms, which are “often run by Black, Asian or minority ethnic solicitors”.

In November 2025, the LSB published its draft statement of policy on "Encouraging a diverse legal profession", which aims to support EDI in the legal sector.

In its response, the Law Society said it shared the LSB's view that the existing statutory guidance has not driven consistent or effective progress, adding that it would welcome a “strengthened, evidence-based regulatory approach that sets clearer expectations”.

However, it outlined concern on how these expectations will be implemented by sector regulators and how progress will be measured, tracked, and communicated.

Meanwhile, it highlighted concern over any “increased regulatory burden on small firms” if regulators introduce additional reporting requirements.

On this point, the Law Society stated in its consultation response: “Solicitors from Black, Asian and minority ethnic backgrounds are overrepresented in one partner and small firms.”

It acknowledged that “structural pressures and operational strains” make them more vulnerable to regulatory scrutiny.

The Law Society continued: “We would be concerned if all authorised firms are required to report to the SRA on their EDI policies and would seek a proportionate approach that does not overburden small firms and have an adverse impact on Black, Asian and minority ethnic solicitors. A phased approach or size-specific requirements could be considered.”

Chancery Lane meanwhile supported the expansion of the current guidance for legal service regulators to include wellbeing, recognising that women, disabled people and other minoritised groups report lower levels of mental health and wellbeing.

The Law Society said it was committed to building a “more diverse, open and inclusive profession”.

It warned, however, that women, minority ethnic and disabled solicitors still face barriers to senior roles, and disabled solicitors “remain unrepresented”.

Law Society President Mark Evans said: “A diverse and inclusive profession is essential to ensuring public trust.

“However, workplace cultures, stress and mental ill-health leave people feeling like they can’t bring their best selves to work. It’s vital that people from all backgrounds can join, succeed and thrive as solicitors.

“We support the LSB’s ambition to improve diversity, inclusion, fairness and wellbeing across the profession and welcome a strengthened, evidenced-based regulatory approach that sets clearer expectations and accountability.”

Lottie Winson