Author: Legal Bizzle
23 Aug 2011 | 14:21 | 10 comments
Last week I had a meeting with two senior lawyers. Very important people, in my world at least.
They were very serious men, all grey hair and gravitas. The meeting was almost like a job interview at first, as if they were testing us to see if we were worthy of their very important time.
After about 20 minutes or so they relaxed a little, and so did we. And then the meeting took an unexpected and frankly disconcerting detour into the 1970s.
This came in the form of a double act routine about their colleagues, and the amusing misfortune of their ethnic backgrounds and (in one case) restricted height. All very good-natured and affectionate, of course.
My colleague and I shifted nervously in our seats. We did that awkward half-smile that says "You're being a massive dick, but I don't want to get fired". We willed the clock towards lunchtime with the power of our discomfort.
Well, there's nothing like a little mild racism and some midget jokes to liven up a dull meeting, is there? And so much the better if it comes with an avuncular chuckle and a touch of golf club affability.
Now, I'm ok with nostalgia generally, even when it involves the 70s. I buy Black Mountain and Sleepy Sun CDs, and (guilty secret) I'd quite like to have a lava lamp.
But this kind of behaviour is, not to beat around the bush, unacceptable. So unacceptable, in fact, that it's ridiculous that I even have to say that it's unacceptable.
And to hear it from senior lawyers, men who I'm supposed to respect and whose position I'm supposed to aspire to? That's just bizarre.
These are, after all, supposedly intelligent men. I would probably argue that genuinely intelligent people, having the brain power to reason beyond their reflexive prejudices, would understand how offensive and wrong stereotypes of whatever nature are.
Even if you're not down with that view, how is it possible for an experienced lawyer not to understand the legal context and ramifications of such behaviour? You might not agree with the Equality Act, but you can't deny that it exists.
I'm sure that if we had challenged them, at the risk of our careers (and I feel pretty low for not doing it), they would have disclaimed any taint of prejudice. I'm sure that it was all meant in fun, and I'm sure that they sincerely believed that they were doing no disrespect to their colleagues.
And maybe they thought that we were all white, middle class men together, and where's the harm if the subjects (individual or generic) of your chucklesome anecdotes aren't around to hear it. Or maybe they're just dicks, and don't care.
I've been lucky in my career so far not to have come across too much of this kind of thing, save for one memorable (for all the wrong reasons) small hours return from a contract negotiation listening to our then head of sales deliver a monologue on Strip Clubs I Have Known. That's probably why I was taken aback by this latest episode to the extent that I needed to write about it.
Of course, I know there is prejudice in the profession, manifesting for example in the rather uniform appearance of big law partners. That has to be addressed, but in the meantime surely we've gone beyond golf club banter as a vehicle for business discourse?
I'm middle class, I'm a man, and I'm white. Prejudice isn't going to hold back my career, whatever the right-wing fairground barkers say. But I don't want to work in that environment, and I don't want the talented lawyers that I work with (whether or not they fit that standard profile) to have to put up with either. We've had the 70s once, and we don't need them again.
Legal Bizzle is an in-house lawyer who blogs at The Bizzle. Click here to follow Legal Bizzle on Twitter.
COMMENTS (TOTAL 10 COMMENTS)
Harmless Banter?
I am really discouraged by this piece. The reason I am discouraged is because that by not saying anything about the behaviour of these senior members of the legal profession, their behaviour is being condoned and therefore will continue. Why do people not have the courage to confront this behaviour?
Katie Gossage -23 Aug 2011 | 22:46
Lighten Up
I feel the writer of this article needs to lighten up. Yes, prejudice is bad, but I doubt the middle aged partners being described would be prejudiced in substantive decisions such as who to employ, who to make up to partner etc. In fact in today's climate, probably the opposite. They may well positively discriminate.
I think the writer of this article smacks of political correctness, making he/she just as bad as the prejudiced men.
Since the beginning of time people have made jokes about each other - people make jokes about the size of my nose, but I laugh and tell myself they are joking (which most of the time they are!) In turn I am respected for not being terrible company and everyone is happy.
It is life. Prejudice in tangible decision making is bad, but is becoming scarcer and scarcer. Prejudice in a jovial way is the substance of many major comedians and people, the writer of the article included, ought to lighten up and enjoy life.
Anon -23 Aug 2011 | 23:52
"Prejudice in a jovial way is the substance of many major comedians and people, the writer of the article included, ought to lighten up and enjoy life."
A sense of humour is great, but isn't it strange how it's never the rich white male people that we're supposed to be hur-huring about? I guess there's nothing 'funny' about them.
FD -24 Aug 2011 | 02:13
You lighten up!
"Yes, prejudice is bad, but I doubt the middle aged partners being described would be prejudiced in substantive decisions such as who to employ, who to make up to partner etc. In fact in today's climate, probably the opposite. They may well positively discriminate."
What an absurdly speculative comment! I'm sorry, but considering the actual evidence for a moment, the fact that the upper echelons of the legal profession continue to be overwhelmingly white and middle class suggests, I'm afraid, that there probably isn't that much positive discrimination going on - despite what the "right-wing fairground barkers" try and argue. The idea that a person who finds it amusing to make openly prejudice remarks in private, can then easily discard his prejudices when making decisions in the public/business world is naive and wrong. Prejudices are opinions about people which will necessarily affect the holder's decisions. The author is completely right that this is totally unacceptable.
"Prejudice in a jovial way is the substance of many major comedians and people"
Yeah, comedians like Bernard Manning i.e. racist comedians!
Mike -24 Aug 2011 | 10:21
Its interesting to see the views of a white male on prejudice in the legal profession.
Despite the efforts of the Law Society, the BSN and other groups, prejudice remains rampant in the profession. It's simply disgusting and this from a minority ethnic woman.
I am just about ready to give up pursuing a legal career in private practice... and this after working for many years in industry before deciding to re-qualify as a lawyer. It was whispered to me that I might face prejudice but I just didn't believe it would be so suffocating.
Anonymous -24 Aug 2011 | 13:15
As a senior woman (though white) in the profession I've come across my fair share of this and I totally understand why the writer didn't take issue at the time. What I mind about this behaviour is that the sexist/racist old farts who still do this assume not just that this 'banter' is OK but that I won't find their comments offensive.I'm better at taking issue with it than I used to be - but it's really hard not to come over as a humourless old-style women's libber and just increase the prejudice.
Anonymous -24 Aug 2011 | 17:28
A blogger writes
Thanks all for these comments. I feel that I should respond briefly to a couple of them.
To Katie: I don't feel good about not confronting it, but I can't really explain why I didn't without giving more details than I would be comfortable with. In some ways, and I know that it's not very brave, my blog is my voice for things that I can't say in my day job.
To the anonymous commenter who told me to lighten up: Hmmm...
First, political correctness is a straw man, and you know it. Even if it wasn't, in what way would it be as bad as the prejudice it sought to confront?
Next, even if prejudice is a fit subject for comedy, that doesn't excuse the same behaviour in the workplace, especially from those in a position of authority. Senior members of the profession have a statutory and moral responsibility for the wellbeing of those that they supervise, and it is not open to them to argue that the subject of discriminatory humour is not entitled to take offence.
And finally, I may well be terrible company, but it isn't because I don't have a sense of humour. Of course, you don't know me, but do have a look at my blog or my Twitter feed to see if I've ever written anything vaguely amusing.
Other commenters have kindly addressed your other points. My thanks to them.
Legal Bizzle -24 Aug 2011 | 20:03
uncomfortable
I was at a meeting recently attended by senior members of another profession. Some unpleasant sexist comments were made. I felt very uncomfortable. It was worse than talking to Gene Hunt.
HampshireLawyer -25 Aug 2011 | 14:22
Change career
You appear better suited to a career in journalism. I don't think you'll make it in the law. Clients don't tend to pay much for preciousness.
Boredwithyou -31 Aug 2011 | 04:01
.
I judge people by what they do rather than what they say. Some people are old-fashioned and reconstructed. It doesn’t mean they are prejudiced and likely to discriminate.
An example. I was interviewing a candidate for a job once and my colleague was interviewing someone else at the same time. Afterwards, we compared notes. I asked my colleague what she thought about the candidate she interviewed: She said: “well, she was a bit ‘black’ but I think she’s got the right attitude”.
The black girl got the job.
I then interviewed her and I knew exactly what my colleague was referring to. She spoke with a heavy “street” London/black accent that most middle-class educated people would run a mile from.
The point I’m getting at is that it’s what you do, not what you say.
Clearly, most educated middle-class people would never have said “she was a bit black” because they have a smooth delivery and a well developed social filter that eschews plain speaking and dances round issues like this.
They would use vague, ambiguous language such as “she’s not the right fit” (while smiling weakly)
But 99% of them would never have hired this girl, therefore a young, black woman would never have got a good job – thereby perpetuating the injustice that the well-meaning north London guardianista types tell us they’re opposed to.
Affluent, upper middle class “liberals” (I use that term loosely) are some of the most prejudiced people in society – but their prejudice is delivered more subtly, and is well masked with education and superior communication skills.
Billy -01 Sep 2011 | 21:01
RELATED JOBS
FURTHER READING
MOST READ
MOST COMMENTED
Advertisement
COURSES
LATEST JOBS
Advertisement
RECRUITERS
LEGAL EVENTS
LEGAL BRIEFINGS
SERVICES SECTION
Sign up to Legal Week Law to receive legal briefings from the world's leading law firms. Click here for more info
Claims4Free offers free legal advice in pursuing a wide range of accidents and personal injury compensation claims. Fast, professional, local solicitors.
In-house Lawyers Group on LinkedIn
Legal Week's LinkedIn group for in-house lawyers, which now has over 3,000 members, acts as a networking tool for senior in-house counsel to discuss key issues affecting their roles.
Legal Week's Twitter feed, which now has almost 15,000 followers, features a selection of the latest news, opinion, Career Clinic dilemmas and links to interesting articles from the world of law.
Award winners at the Financial Times Innovative Lawyers awards 2011. Irwin Mitchell Solicitors are one of the most respected UK law firms, and offer services in various areas, including personal injury.