The legal profession has markedly improved its record on supporting gay and lesbian staff, further underlining the law’s position as one of the most gay-friendly careers in the UK.
That positive view, at least, is held by senior partners at leading commercial firms, according to the latest Big Question survey, which found that 91% of respondents believed the profession had improved its record on supporting gay staff. That included 19% who said law firms had improved ‘a lot’ over the last five years and 36% who said the situation had improved ‘a fair amount’.
“We have had 100% support from the senior partner down, including the managing partner and the London managing partner. So many people are behind us,” said tax partner Stephen Shea (pictured), who is part of Clifford Chance’s (CC’s) new lesbian, gay, bisexual and transgender (LGBT) group.
The magic circle law firm is one of a growing band of leading commercial firms that have organised LGBT network groups, with Herbert Smith, Pinsent Masons, Simmons & Simmons and Allen & Overy (A&O) supporting similar initiatives. CC launched its LGBT network on 10 March.
Shea commented: “This was the moment the community [lesbian and gay] got respect and affirmation from the firm.”
Similarly, rival Herbert Smith has just celebrated the first anniversary of the launch of its LGBT network, with keynote speaker Sir Ian McKellen at the gala. “Networks will continue to grow and become a focal point for people to feel connected,” said Carolyn Lee (pictured below), head of diversity at Herbert Smith. She added: “Attitudes have changed in one sense but, like many issues, it never articulated support from the legal profession; it was not hostile, but no-one talked about it.”
The poll of more than 100 senior lawyers concluded that the law compared well to comparable professions such as banking and accountancy, with 43% of respondents believing that the profession did ‘well’ or ‘very well’ on such a benchmark. Only 9% thought that level compared badly with other professions.
However, Lee said she modelled the LGBT network at Herbert Smith after a group at an investment bank. “We are way behind JP Morgan — they have made real effort to support events,” said Michael Chissick, head of information technology and outsourcing at Field Fisher Waterhouse.
One lawyer with a magic circle firm, who wished to remain anonymous, said: “My firm has 160 partners in London and not one of them is an ‘out’ gay. To me this speaks volumes. It is more of a fear of prejudice than anything, because you are surrounded by Oxford and Cambridge-educated men you might be judged and so you become internalised.”
"I am not 'out' at work due to the level of back-chat within the partnership and the general presumption that the firm's diversity is focused on 'getting the numbers in/up' rather than any real sense of diversity."
"Where do you draw the line: the Speechley's Swingers' Club? Addleshaws' Adulterers? or Slaughter & May's S&Ms? (Hmmm: S&M's S&Ms - catchy.)"
"We had one year of partner promotion when all those promoted were gay."
See partner comments below
Some believe there is a lack of appreciation and realisation of the significance, with 43% of people saying that the networks are only ‘quite effective’ at providing gay professionals with visibility and confidence. Chissick, who is openly gay, says his firm is very supportive of him even though there is no dedicated LGBT network. “I have been practising since the 1980s and I have seen a monumental shift,” he said.
Groups such as the InterLaw forum and the Lesbian and Gay Lawyers Association have been created to support gay lawyers, with the former launching today (17 April). However, despite clear evidence of changing attitudes among commercial firms, not everyone is supportive of such initiatives with a substantial minority of respondents believing sexual orientation should remain an entirely private affair. While 25% of partners said that law firms should actively encourage schemes aimed at supporting gay and lesbian staff, 47% said that they should leave it to staff and 27% argued ‘they should not get involved at all’.
There was little support for law firms seeking information on staff’s sexual orientation, with 20% supporting such moves against 80% in opposition. There was also some ambivalence regarding LGBT groups: while two-thirds of partners believed such groups played some form of positive role, 22% said they were ‘not effective’ and a further 11% said they were ‘counter-productive’.
A handful of comments in response to the survey illustrated that some partners remain at best unconvinced about the merits of law firms being seen to take a line on private matters. One traditionalist partner at a top 10 City firm said: “What nasty little habits people have in their spare time is their business but it should not be encouraged, nor should law firms make a platform for it. It does, however, give the rest of us a bit of a laugh. What would people say if law firms started running brothels?”
City law and the gay community — key findings
- 91% of partners believe the profession has become more supportive over last five years to the gay community;
- 21% of law firms have LGBT networking groups;
- 9% are considering an LGBT group;
- 29% believe the profession is supportive of the LGBT community;
- 47% say the profession is ‘neutral’;
- 80% of partners do not believe law firms should seek out information on staff’s sexual orientation;
- 91% believe the law compares well to other professions on supporting the gay community.
See Editors' Blog: Glad to be PWMBMWCPPIG?
What the partners said
Gay pride
“By supporting new gay networks and funding glitzy launch parties, big international firms have the ability and resources to attract great PR and win gay diversity gongs from the likes of Stonewall. Many smaller law firms in which networks aren't feasible (or necessary) may happen in practice to be just as gay-inclusive; indeed, some may be much more so (or less so) depending on the partners who run them. Hence, it is tempting to be cynical about big firms reaping great PR for establishing gay networks. But if these lead by example and help over time to promote a genuine culture of acceptance not only in those firms but in the profession as a whole then they will be extremely worthwhile.”
“As a senior-ish partner who is gay I would say that general attitudes within the law have improved enormously over the last 10 to 15 years. When I started it would have been career suicide to come out, and that is certainly not the case now (though it would still be unlikely to do anything positive). On the whole though, active attempts by firms to show themselves as ‘gay friendly’ tend to come across as clumsy tokenism if not counter-productive and in my view it is best left to the staff (and partners) concerned to take the initiative (or not, as they see fit) - what is then important is that the firm responds in a positive and mature way.
“Simmons & Simmons, along with Stonewall, has spearheaded the launch of a group to link in the lesbian and gay community in the London legal sector to make advancements in the sexual orientation arena. The InterLaw Forum for LGBT Networks was modeled after the InterBank Forum for LGBT Networks. Through InterLaw Forum, Stonewall and law firm networks, I think the next five years will bring about another set of changes and advancements for the lesbian and gay community in the legal sector.” Daniel Winterfeldt, partner, Simmons & Simmons
“As a firm we are aware that we have a number of gay partners and staff. As with other areas of discrimination we are wholly supportive of action to remove any prejudice from the workplace. As a matter of principle we do not collect any statistics from our colleagues since this is felt to be intrusive. Our culture has given considerable opportunity to attract top quality people from various communities which adds to the style and diversity of our whole stakeholder group.”
“In principle, I don't think that anyone's sexuality or preferences are relevant to their work but there is no doubt that being 'out' at work and having a proactive diversity initiative helps to boost gay people's confidence, happiness and productivity. It helps you to understand that you are equally valued, and you do not fear being discriminated against or bullied in the workplace.”
“I strongly feel that as a profession we should be seen to be taking an enthusiastic lead on this issue. It is essentially an issue of basic human rights - something that should be close to the hearts of all lawyers.”
“The atmosphere has changed phenomenally over the last 12-15 years, from a situation where coming out would have been a radical and risky step to one where it is not much more embarrassing than getting divorced. Mostly this is due to the media - images of gay people in dramas who are human beings rather than stereotypes, and celebrities coming out. But law firms have rolled with the change, rather than resisting it as actively as they once would have.”
Gays abandoned
“The whole issue here is about people feeling comfortable being themselves at work. Law firms are getting better, but a key question for me is how many partners take their same sex other half to a firm reception without a thought about the reactions in the room? They should be able to decline on the basis of terminal boredom rather than a fear that it will affect their career.”
“Law firms will pay lip service. They will reward the gays that are successful and use any card possible to get rid of those who they do not want. Homophobia is alive and well at all levels and political correctness will not remedy it.”
“I am not 'out' at work due to the level of back-chat (not at junior levels) within the partnership and the general presumption that the firm's diversity is focussed on 'getting the numbers in / up' rather than any real sense of diversity. I know black females within the firm feel the same.”
“In the London legal profession there is a general acceptance of diversity in sexual orientation. To set up exclusive networking events for one orientation or one gender is to perpetuate divisions along these lines. It is hard to see why this exclusivity should be acceptable when the reverse (eg straight men only visits to lap dancing clubs) would land the employer on a discrimination and harassment charge.”
“Discrimination is vile and lawyers should stand at the forefront of the struggle for equality. It is the responsibility of every member of a firm to be active and not to leave the work to committees, programmes or partners who must educate and alert. While lawyers are catching up with modern thought on diversity issues they still fall far too short on social diversity.”
“People's sexual orientation is something just for them and their partners, provided they do not bring it into the workplace. There is an almost obsessive interest in ‘gay’ matters which I feel should be dropped. Why should firms support 'gayness', or heterosexuality come to that. Gays should not be treated any differently to others.”
“Many lawyers (especially the male, macho ones) are somewhat behind the times and would like to sweep the whole issue under the carpet. Looking at this as a female, heterosexual partner and thinking on comments made at partners' meetings, they certainly feel nervous discussing such things. Having to talk about transgender issues as part of diversity training seemed to bring out the small boy in most of them.”
“People should not be button-holed according to their sexuality. It is as wrong to organise events on the basis of sexual orientation as it is to discriminate against people on that basis. Where do you draw the line: the Speechley's Swingers' Club? Addleshaws' Adulterers? or Slaughter & May's S&Ms? (Hmmm: S&M's S&Ms - catchy.) Unless you're going down that road, there's no need for a law firm to enquire as to their people's orientation. It's irrelevant; all that counts is: can they do their job?”
“The impression given is that law firms trumpet diversity not because they want to but because their clients expect it. If it was left to law firms they would rather keep their heads buried in the sand and not recognise the distinct advantages of having as diverse a group of employees as possible.”
‘Live and let live’
“What is all the fuss about? Sexual orientation is irrelevant in this day and age and is neither here nor there in the employer/employee relationship. Live and let live and stop being distracted by it.”
“My own experience as a straight partner with two gay assistants in my team is that my gay colleagues would not welcome what they would see as special treatment since, especially among those under 35, sexuality is an open topic without stigma attached. Where there are problems, homophobia (whether overt or covert) or complaints, this is clearly an important issue that firms will want to take seriously. The recent initiatives in larger firms may well be necessary and effective precisely because of the size of the LGBT community there.”
“Law firms should not discriminate positively or negatively. Sexual orientation should not play any part in any business environment. I do not know who may or may not be a lesbian or homosexual in the firm and it should not be relevant.”
“Being gay is no longer a big deal. Nor should it be.”
“I think the whole thing is overplayed. It is almost getting to the point of celebrating someone’s alternative sexuality. If you single out the gay/lesbian community as a special case then you need to have focus groups for the heterosexual community which, frankly, is absurd. Should you have an S&M focus group? Focus groups for transsexuals? Where does it stop? My head of work group is gay and open about it if asked. He will refer to it in conversation, yet does not make a big issue of it. Additionally, we have or at least have had at least ten partners in the firm who are gay and have taken the same approach - indeed we had one year of partner promotion when all those promoted were gay. The view from my work group head is that things are considerably easier for anyone in the profession now who is gay and there is no shame or embarrassment for him about it, which there was in his earlier days. Whilst he has joined the well-publicised industry-wide groups he feels under pressure to be seen to be doing it and accordingly feels uncomfortable about it. That cannot be right.”
“It's quality of work and ability to service clients that counts.”
“It should not be an issue. A solicitor is a solicitor, not a gay solicitor or a heterosexual solicitor.” Robert Vallings, partner, Radcliffes Le Brasseur
“International firms have to be very careful about seeking information about their staff’s sexual orientation, since it is unlawful to do so in some jurisdictions.”
“Sexual orientation should not be an issue one way or the other. It should be an irrelevance.”
“Very difficult question to answer as on one hand its a very personal thing which one should be encouraged not to feel is necessary to be kept secret, but on the other hand the majority of folk (male and female) who are gay would, I would imagine, not necessarily want/need their sexuality to mark them out as in any way different in a work environment. Maybe this view is far too utopian?”
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