Ethics Hub
Equality, diversity and inclusion for Costs Lawyers
Introduction
Principle 6 of the Costs Lawyer Code of Conduct requires Costs Lawyers to treat everyone fairly and equitably, and with dignity and respect. This includes your clients, your colleagues and third parties.
The information on this webpage sets out Costs Lawyers’ obligations in relation to equality, diversity and inclusion.
What does equality, diversity and inclusion mean?
Equality, diversity and inclusion are fundamental to creating a strong and independent profession where everyone, regardless of their background, can succeed. Equality, diversity and inclusion are also important components of access to justice, and help to create a legal system that reflects the variety of communities and groups that it serves.
We consider equality to mean removing barriers, eliminating discrimination and ensuring equal opportunities and access for all.
We consider diversity to mean celebrating difference and valuing everyone’s contribution. Each person is an individual with visible and non-visible differences. Some of these differences are protected characteristics for the purposes of the Equality Act 2010. However, we consider diversity as recognising and celebrating individual difference in its broadest sense. Diversity encompasses not just protected characteristics, but also social background, career path, and diversity of perspectives and lived experiences.
Inclusion relates to the culture in which people work. An inclusive workplace culture is one in which everyone feels valued and able to be themselves. Inclusion encompasses equality and diversity, and is an important factor for innovation and business success.
It is important to remember that equality, diversity and inclusion are interdependent, but not interchangeable. For example, an organisation may have a diverse staff base, but that does not automatically mean that the organisation has an inclusive culture. Similarly, an organisation may be very successful at creating an inclusive workplace environment, but less successful at developing equality of opportunity for people seeking to work at the organisation.
Why is this important?
Promoting equality, diversity and inclusion isn’t just about doing the right thing or making sure you comply with your legal and regulatory obligations. It is also not about ‘political correctness’ or about ‘being woke’. It also does not mean compromising excellence. Instead, having regard to equality, diversity and inclusion is about developing a profession and workplace where everyone, regardless of their background, can succeed.
Research shows that diversity in the workplace enables business to thrive. Our guide for Costs Lawyers on The Business Case for Diversity provides a framework for understanding how diversity can benefit both employers and employees. Diversity of talent brings diversity of thought, perspective and experience, and inclusive cultures help everyone to feel respected, understood and supported. That in turn supports workplace productivity, wellbeing and innovation, which leads to a stronger, independent, more inclusive profession.
In addition, a diverse profession that reflects the wide range of communities and clients that it serves helps to boost public confidence in the profession. Clients are also increasingly focussed on equality, diversity and inclusion and expect their legal advisors to be able to demonstrate awareness of, and proactivity in, this important area.
Links to other Ethics Hub information
Costs Lawyers may find it helpful to refer to the following notes and guidance alongside the information on this webpage:
What do we expect from Costs Lawyers?
Costs Lawyers are expected to treat everyone fairly and equitably, and with dignity and respect, in line with Principle 6 of the Code of Conduct. This includes your clients, your colleagues and third parties. Specifically, you must not unfairly discriminate against anyone on the grounds of a protected or other characteristic.
You also must not engage in or facilitate counter-inclusive conduct or harassment that, intentionally or unintentionally, narrows or denies opportunities to people because of their background or characteristics.
Costs Lawyers who are employers are required to make reasonable adjustments for those with a disability, to ensure they are not at a disadvantage by comparison to those without disabilities.
They must also have and adhere to a written policy which prevents discrimination and harassment and must investigate any allegation of discrimination, victimisation or harassment and take disciplinary action where appropriate.
All Costs Lawyers are expected to have a complaints procedure in place that meets the CLSB’s regulatory requirements (Principle 3 of the Code of Conduct). You should ensure that any complaints relating to equality, diversity and inclusion, and/or discrimination, harassment or victimisation, are dealt with promptly, fairly, openly and effectively. Please see our Guidance Note on complaints procedures for more information about effective complaint handling.
We also encourage Costs Lawyers to undertake training in relation to equality and diversity issues, such as addressing unconscious bias or developing an inclusive workplace culture. This kind of training will qualify for CPD points if relevant to your CPD objectives for the year.
What can I do as an individual Costs Lawyer?
The legal profession faces several equality, diversity and inclusion (EDI) challenges that are systemic. Consistent and concerted effort will be needed by the legal professions as a whole to overcome these longstanding and complex barriers.
However, there is still much that you can do as an individual to make a positive difference. Below are some suggestions for steps you can take in your everyday work:
- Be proactive about learning and sharing information with others. EDI is a continually changing area and there is always more we can learn and improve.
- Listen to others’ wishes and preferences, and don’t make assumptions about the perspectives and experiences of others. For example, if a colleague or client wishes to be referred to in a particular way, respect that. And remember we all make mistakes – EDI is a constantly evolving area. The important thing is to address the mistake, apologise and act on the mistake to prevent it happening again.
- Think about the language you use in your everyday work, and try to keep it inclusive and accessible. Adapt to the needs of clients and colleagues where possible, for example, when a client or colleague needs to receive information in a different format. Remember that some clients will be less familiar with legal terminology than other legal professionals, and that vulnerable clients may have particular needs.
- Consider your learning and development needs in relation to EDI, include them in your CPD planning and objective setting, and seek out relevant training opportunities. Share these with colleagues. Examples of common topics for short-courses on EDI issues include unconscious bias, disability awareness, sexual harassment and intercultural communication, to name just a few.
- If you are responsible for recruitment, consider how you are advertising roles, and the selection methods and criteria that you are using. Consider the barriers that may be faced by different groups of applicants, and how you might be able to mitigate these.
- Be aware of the risks of bullying and harassment, and take action to address this if you encounter it, in line with your obligations under Principle 6 of the Code of Conduct. You might find our information on tackling bullying and harassment helpful in this regard.
- If you are in a senior leadership position, consider what steps you can take to improve EDI at your organisation. You should also ensure that your organisation’s policies relating to EDI are upheld, and address areas of non-compliance.
Further resources
The Business Case for Diversity – A Guide for Costs Lawyers (March 2020)
Mapping Systemic Barriers to Equality Diversity and Inclusion in the Legal Professions (Legal Services Board, March 2024)
The SRA’s approach to equality, diversity and inclusion (relevant for Costs Lawyers working in SRA-regulated firms) (November 2019)
Equality Act 2010: Guidance (gov.uk)