I have some controversial opinions on this topic and I’m aware I will probably get cancelled on the TCLA forum after this, but here goes nothing lmao:
1. I don’t believe it’s possible to hire on merit in the US or the UK because there is still a lot of unconscious bias and prejudice against under-represented groups (ethnic minorities, women, lower socioeconomic groups, LGBTQ+, people with disabilities, etc). There isn’t a system of meritocracy in the UK. There is very much still issues of nepotism, elitism, classism, misogyny and racism. These protected characteristics are very visible to recruiters during things like a VI. It’s hard to deny that there isn't always going to be at least some form of bias or prejudice towards anyone who visibly looks or sounds diverse. It is impossible to avoid it (unless CV blind recruitment is used e.g., Willkie). 🙂🙂
2. Contextual recruitment is by its very definition taking into account someone’s background. I will use myself as an example. I have spoken about my background previously on the forum. In short, I went to a comp state school, was eligible for free school meals, first gen to go to uni, first to go to a RG and study law and I grew up on and still live on a council estate in one of the poorest cities in the UK. To suggest someone like myself has equal access to opportunities, when compared to someone who went private school and has connections in the legal profession, is kind of crazy. Without DEI, I wouldn’t be where I am right now. 🥲🥲
3. To assume that a racial or ethnic minority person must necessarily have weaker credentials (professional or academic) is a dangerous assumption, which is the very thing we are highlighting will be at risk in light of the DEI situation in the US. I highly doubt people are being recruited solely because of their race or ethnicity, but this is the narrative that is being pushed, to convince people that positive discrimination is taking place against white men. It’s the same narrative that is being pushed against immigrants, in that the issues the UK is facing in relation to NHS waitlists, housing shortages, etc. is somehow the fault of people who are fleeing persecution and migrating to the UK, instead of the government who is in charge (deflection tactic in my opinion). 🥲🥲
4. To assume a racial or ethnic minority person would be ‘less likely to thrive in a role’ is also low-key kind of insane. Historically speaking, it has always been the case that there is a lack of diversity in major professions (in this case city commercial law). Someone who comes from an underrepresented background is just as capable of succeeding as a commercial lawyer in the city compared to someone who comes from an overrepresented background. I don’t believe representation is being ‘forced’, it’s simply about being reflective of the population and the clients international law firms are serving. 🙂🙂
These are my controversial opinions. Please do not cancel me on TCLA. 🥲🥲
