York research investigates a disproportionate amount of complaints towards BAME solicitors

The University of York has led a research project to discover why a high number of BAME solicitors are reported to the Solicitors Regulation Authority (SRA) and why a high percentage of the complaints about these solicitors the SRA receives are then taken forward for investigation.  

The SRA is the organisation responsible for regulating the professional conduct of more than 125,000 solicitors in England and Wales.

Professor Claudia Gabbioneta led a team from the School for Business and Society, as well as researchers from the Universities of Lancaster and Cardiff, to understand the factors affecting such a disproportionate number of complaints relating to BAME solicitors, and the number of issues being taken forward.

Trends

Professor Gabbioneta said: “Our study reveals a number of concerning trends in relation to this issue. It shows that combinations of factors result in a disproportionate number of reports about BAME solicitors both being submitted to the Solicitors Regulation Authority and taken forward to investigation.” 

She said factors include working in small firms, practising in certain law areas, and being reported by organisations, rather than individuals. All these factors affect BAME solicitors more than non-BAME solicitors.  

The SRA is now implementing a number of measures to address the issues highlighted in the report, says Professor Gabbioneta, including more effective tailoring of compliance and support materials to smaller and one partner firms. 

Strengths

“The SRA will also build on the strengths identified in their assessment process by developing guidance for staff on handling complex borderline cases,” she said. “And they’re taking forward a process for improving the systematic recording of relevant information, as well as improving how they collect and use data, to enable them to have better insights, spot issues and trends, and respond more effectively.”

Speaking in response to the report in October, the SRA’s Chief Executive, Paul Philip, said: “This research confirms that the overrepresentation of BAME solicitors in our enforcement processes is a multifaceted issue, influenced by a range of factors. We’re committed to taking meaningful action to address this issue and to work collaboratively with others, across the sector and beyond, to ensure fairness for all solicitors. We’re reassured that the researchers did not find any evidence of direct bias within our processes, but recognise there are actions we can take to review our approach further.”