Driving DE&I Progress in Recruitment: Moving the Needle as a Talent Partner

Introduction

Diversity, Equity, and Inclusion (DE&I) are no longer mere buzzwords but essential to organisational success, especially in the legal sector. Paul Philip, Chief Executive of the Solicitors Regulation Authority (SRA), recently observed that a diverse legal profession benefits not only the public but legal businesses as well, ensuring talent from all backgrounds has the opportunity to thrive. DE&I is important in recruitment because it fosters fairness and has great potential to boost the public’s trust, given the need to represent our dynamic nation and reflect society fairly. This is important as bringing diverse perspectives can enhance innovation, productivity, and ultimately the bottom line for businesses. These are core elements that enable the legal profession to stand out in this competitive and increasingly global landscape. The hunt for talent is on and employees are now insisting that corporates better reflect and practice these core values.

In today’s globalised world, diversity also offers competitive advantages by providing firms with crucial cultural and linguistic skills, better equipping them to handle international challenges. According to 2023 data from the SRA, women now represent 63% of qualified solicitors in England & Wales (up from 48% in 2015), and lawyers from Black, Asian, and other minority ethnic backgrounds make up 19%, compared to 14% in 2015. The socio-economic diversity of the profession is also shifting, with the proportion of lawyers from a professional socio-economic background dropping from 60% in 2019 to 57% in 2023.

However, challenges remain – only 32% of full equity partners are women, despite women making up over half of solicitors in England & Wales. Furthermore, the InterLaw Diversity Forum reported that intersectional identities face even greater disparities, with women of colour making up even fewer equity partners than their non-ethnic female counterparts. Progress has been slow for the LGBTQ+ community as well, with only a 0.7% increase in representation within the legal profession over the past two years. These figures show that progress is starting to take place, but they also highlight the ongoing need to address the deeper inequalities that persist in the legal sector. The question now is: what can be done to further accelerate change?

 

  1. Beyond Checking Boxes: A Holistic Approach to DE&I

Too often, companies approach DE&I as a tick box and compliance exercise, focusing on hiring diverse candidates to meet targets rather than embedding these principles into their long-term strategies to ensure retention. Search firms are in a unique position to shift this mindset by emphasising a holistic approach to DE&I that focuses on equity and inclusion, not just diversity.

We can do this by advising our clients on the importance of inclusive hiring practices, from crafting unbiased role profiles to creating equitable assessment processes. Implementing these practices will allow potential biases to be challenged whilst also providing top talent. In addition, it’s crucial to measure success, not just by the diversity of new hires, but also by how well these hires integrate into the organisation. As a result, companies are encouraged to implement diversity and inclusion training on an ongoing basis to help foster an inclusive culture within the organisation. Furthermore, encouraging the adoption of consistent learning and development functions to periodically review company attitudes to diversity and inclusion is another way the executive search industry can contribute. Hiring managers often cite the need for a candidate to be a ‘good fit for the company’ but by creating atmospheres which are welcoming for diverse candidates’ firms will allow for a more diverse range of candidates to come through the door and thrive within their organisation. Moreover, businesses should embrace new ways of thinking to challenge the status quo and be mindful of unconscious bias, especially given the rapidly changing landscape that commercial businesses operate in.

 

  1. Proactively Expanding Talent Pools

One of the most tangible ways search firms can impact DE&I is by expanding talent pools beyond traditional networks. Often, the lack of diversity in hiring is the result of narrow candidate pipelines. Laura Long, VP of National, Equity, Inclusion and Diversity at Kaiser Permanente says, “It’s a fallacy to say, ‘There aren’t enough diverse candidates out there.’ Yes, there are. You just need to look in the right places.” By broadening our search methods, tapping into historically under-represented groups, partnering with diverse professional organisations, and leveraging technology to mitigate bias, we can introduce clients to a wider array of talented individuals. Whether this be through partnerships with agencies which have proven track records when it comes to finding diverse candidates or by accessing more niche registries and search engines, broadening search methods is a clear way to venture out from the status quo and pinpoint talented individuals who might not be as well represented via traditional means.

Moreover, firms need to fill talent gaps, and finding creative ways to reach new audiences is essential. One seemingly simple way to do this is to source candidates from a variety of different platforms as opposed to relying on the websites and platforms we have grown accustomed to using. Practical examples of this include hiring from a wider range of universities as opposed to simply admitting Russell Group graduates and headhunting from firms outside the Magic Circle and elite US firms when hiring lateral partners. Additionally, various firms are now using The Rare Contextual Recruitment System (CRS) which enables them to identify high-potential candidates by assessing their achievements in the context of their educational background and social mobility factors. Another option for firms to reach an array of students is by partnering with diversity organisations such as Aspiring Solicitors, upReach, The Interlaw Diversity Forum and The Law Collective. Partnering with these organisations can be beneficial during search processes as they provide exposure to a greater range of high-quality candidates from diverse backgrounds and ensure that a more thorough and representative search is taking place. This can be corroborated by data from lawcareers.net which determined that “Firms adopting Rare’s CRS hire 61% more people from disadvantaged backgrounds”. These examples clearly show how we can expand talent pools throughout the search process.

 

  1. Embedding Bias Awareness in the Recruitment Process

Bias, both conscious and unconscious, remains a significant barrier to true inclusivity in hiring. The recruitment industry can move the needle by embedding bias-awareness training throughout the hiring process. This includes training hiring managers and clients on recognising and addressing their own biases at all stages, from CV reviews to interviews. Research that was carried out by the CIPD has found that only 28% of UK employers train interviewers on legal obligations and objective interview practices. Additionally, less than a fifth make efforts to remove bias through testing the words of job adverts or checking that tests are valid, reliable and objective. By implementing a mindful advisory process when we present candidates, we can encourage clients to be more proactive in terms of ensuring that their selection processes are in line with DE&I policies. This training will allow a hiring manager’s definition of a ‘good fit for the company’ to evolve into a more equitable and mindful form of thinking.

We have discussed how using a range of platforms to find high-quality candidates can be beneficial to the recruitment sector as we try to be more mindful of diversity during searches, and we can enlist the help of technology to take this further. Using data-driven tools to reduce bias in candidate selection, such as blind recruitment software or structured interviews, can ensure that hiring decisions are based on merit rather than stereotypes. This has been corroborated by data collated by LinkedIn, which determined that hirers who are sourcing talent using skills as the key metric and anonymising other areas are 60% more likely to find a successful hire. As talent partners, we can play an essential role in promoting these technologies and methodologies to our clients.

 

  1. Partnering for Long-Term Success

True DE&I progress requires long-term commitment, and search firms should partner with clients for sustained success, rather than focusing solely on short-term placements. By offering ongoing support through talent development programs, retention strategies, and advising on inclusive company culture, we can help organisations retain and nurture diverse talent.

Offering DE&I metrics and post-hire evaluations can also be invaluable. Search firms can provide data on diversity within the talent pipeline, as well as feedback loops on the success and challenges of new hires, helping companies make informed decisions on how to further improve their internal practices. Patti Kachidza, Co-Chair of the Interlaw Diversity forum has corroborated this belief. She states that “a simple data collection exercise about the make-up of their employee population, and monitoring recruitment, progression and salaries would reveal whether or not there is a fair representation of diverse employees at all levels.” Many are currently unaware and apathetic about diversity within their institutions, but when faced with cold hard facts and figures, it’s hard to ignore the problem. Patti also argues that “where disparities are found, constructive discussions can be initiated to implement inclusive recruitment and a promotion toolkit which will improve the landscape. The benefits of this exercise will far outweigh the time cost of collecting the data and will be a powerful demonstration of companies’ commitment to DE&I.” Highlighting the cost is crucial as companies might not see the benefit of these processes, both in terms of time and money, regarding their long-term growth. However, we can see that the benefits would be apparent for the legal profession as a whole and individual firms, as they would lead to the creation of improved search processes, which will be useful in the long term and lead to the retention of diverse talent.

 

  1. Driving Leadership Accountability

One of the most critical components of DE&I’s success is accountability at the leadership level. Search firms can serve as consultants, helping organisations create leadership buy-in for DE&I initiatives. This could involve educating leadership teams on the business case for diversity; numerous studies show that diverse teams outperform homogenous ones in terms of innovation and financial performance. We can also advise on setting measurable DE&I goals and holding leaders accountable through regular reviews and transparent reporting. In-house lawyer Roshni Thakrar has set up her own consultancy practice called Inclusiviteam, to support organisations in furthering their DE&I commitments and strategies to ensure that all workers are given the opportunity to thrive, regardless of their intersectional social identities. She believes that “leaders must be accountable for implementing diversity and inclusion across all business areas, with financial incentives tied to their KPIs. They should actively engage with colleagues from diverse backgrounds and extend this understanding throughout the supply chain. Increased accountability is crucial for genuine change.” This can be observed because technically strong leaders may be adept at navigating corporate politics, but they may also be more likely to hire from inside their network or look for allies in the boardroom. This reinforces prejudices and ignores the difficulties marginalised groups encounter in the workplace. Roshni argues that “to drive real change, leaders must engage with and understand diverse perspectives and that means having a high EQ.”

We have talked about how we can reduce bias using skills-based hiring driven by data. However, this needs to be implemented in conjunction with the efforts of leaders who are keen to build a truly inclusive environment. The alternative might create a more diverse hiring pool – however, if the environment within the firm is not one where diverse candidates feel comfortable, then they are unlikely to thrive.

Actively encouraging leaders to break down the broken systems or hold others to account will help address existing issues when welcoming diverse hires into senior positions. Roshni maintains that “this is key, as often, you can’t be what you can’t see, hence marginalised groups need to be able to see others that look and sound like them. At the heart of every conversation, leaders must be able to create and foster psychological safety.” This change can take various forms, such as navigating corporate jargon or being sensitive to cultural topics relevant to different individuals — but the overarching reality is that this change can only be enacted if leaders are made aware of their power to create these positive atmospheres and take the necessary steps to bring them to fruition.

 

Conclusion

As a search firm, we are in a powerful position to be agents of change when it comes to advancing DE&I in the workplace. Moving the needle requires more than just placing diverse candidates; it involves working with clients to build equitable hiring practices, proactively expanding talent pools, eliminating bias, and ensuring leadership accountability. By embracing our role as strategic partners, we can assist organisations in not only meeting their DE&I objectives, but also thriving through the innovation and creativity that comes from true inclusivity.

If you would like to discuss how Fides can assist your business in enhancing the recruitment of diverse, high-calibre talent, please feel free to contact Sershen Ingram – sershen@fidessearch.com.

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