Diversity And Inclusion From An Offshore Law Perspective

Jasmine Amaria is head of Carey Olsen's London office and a member of Carey Olsen's global diversity & inclusion (D&I) Committee. She is the first Asian woman to lead a London office of an offshore law firm. A graduate of the LSE, Jasmine spent nine years at Slaughter and May before moving offshore, making partner in 2013. She joined Carey Olsen in 2019.

We recently spoke to Jasmine about diversity & inclusion from an offshore law perspective.

IFC: Despite various initiatives launched by both legal practices and regulatory bodies, it appears that there is still a lack of gender and ethnic group progression within the legal profession with women, and black, Asian and minority ethnic groups being under-represented, particularly at senior level. What is your view of the current situation?

JA: Whilst it is easy to focus on the negatives, it is important to acknowledge a significant positive, which is that we can now openly talk about matters of bias and workplace prejudice. We are all aware that these matters were rarely openly discussed previously in law firms or financial institutions, even though the stark reality of gender, racial, disability and lifestyle bias was acutely evident. We cannot expect cultural and generational biases to suddenly change overnight.

Although there is more progress to be made, I do believe that business communities are keen to better understand and ultimately improve the challenges we face. One thing that lockdown showed is that women's jobs are more vulnerable than men's, that women face substantially more challenges in juggling home schooling with work demands and, regrettably, that for some women the only option - especially in light of gender pay gap issues - was to resign.

IFC: In your opinion, is there a sufficient focus on diversity and inclusion in offshore law practices, and is it harder or easier in these jurisdictions?

JA: Offshore law firms tend to have a diverse employee base due to the various jurisdictions in which they operate and are based. I have found that offshore lawyers are generally aware of, and sensitive to, the cultures and varying business practices in those differing jurisdictions. However, the specific demographics of offshore jurisdictions and the cultural diversity of the workforce hasn't necessarily translated into a focus on what diversity and inclusion (D&I) means more broadly for employees not native to a particular jurisdiction and practical ways in which improvements can be made.

IFC: If insufficient, what specific measures could be taken to improve the situation?

JA: At Carey Olsen we are constantly looking at ways in which we can improve our response and approach to diversity and inclusion issues. Removing any bias in the hiring process, training those with manager responsibilities on how to factor in D&I considerations, implementing mentoring programmes and creating an environment where staff members are enabled to raise issues they are concerned about and be listened to, are just some of the measures we have put in place.

For me, a huge challenge is to not only have measures in place through policies and procedures but to ensure they are acted on. In addition, work allocation needs to be considered more carefully for those with young families and to support all employees through key transition points to ensure they meet their potential to progress. Working mothers and fathers should not be penalised for having families and firms must support them equally.

Our London office has been involved in a number of opportunities to enhance our approach to D&I. We have been mentoring senior school students from diverse backgrounds, including those who would ordinarily struggle to gain vacation schemes at law firms because of their backgrounds or less than perfect academic results.

As a member of the firm's global D&I Committee, I am able to share my career experiences at a senior management level which greatly benefits the discussions we have. I am proud to say that Carey Olsen's London office is one of the most diverse within the offshore legal sector in London.

IFC: Are diversity and inclusion policies now included in most legal companies’ formal objectives and processes?

JA: Yes - it has become commonplace for law firms to create policies and procedures around diversity and inclusion, not least because most institutional clients demand them.

IFC: What are the benefits of enabling these policies?

JA: Enabling these policies focuses the mind on what we are trying to achieve; it ensures better awareness of our unconscious biases and enhances how we can service our clients' needs, not just technically but in line with their expectations and our values.

IFC: How can law firms create value out of diversity?

JA: Whilst diversity and inclusion are often looked at as primarily benefiting employees, law firms also benefit hugely by ensuring we are creating a diverse and inclusive workplace. Having people of divergent backgrounds and contrasting skills, strengths and ideas can improve our work product and the quality and depth of our client service as well as enhancing innovation, not only for clients, but within the firm itself.

Greater diversity leads to happier staff and consequently to better retention. Creating an environment in which all staff feel included and valued increases the likelihood that they will stay. Training lawyers is a significant part of a law firm's talent development pipeline and developing lawyers with greater cultural awareness (whether gained organically or via overseas secondments) is essential to ensure our ongoing success.

Most law firms work on global and cross-border matters for a wide variety of international clients and employing lawyers who understand and reflect their clients will undoubtedly improve service delivery.

IFC: What are the challenges in creating a diverse and inclusive culture?

JA: The main challenges are time and consensus. At Carey Olsen, there is a genuine appetite to ensure we create and have a diverse and inclusive workplace but without doubt, there is never enough time to do everything we want. Furthermore, people within any organisation will have different views on how to deal with diversity; for example, whether gender quotas are beneficial or whether staffing a certain percentage of ethnic groups on a particular matter is the correct approach.

IFC: Do recruitment tactics need to change in order to attract talent from minority groups?

JA: I genuinely feel that the approach towards recruitment in the legal sector is changing. We, as partners, are more aware of diversity and inclusion and the benefits it brings. Seeing the recent candidates interviewed and hired across the legal spectrum makes me very confident that the changes made to the recruitment processes of many firms have been successful at limiting hires based on stereotypical criteria.

IFC: How critical is transparency within an organisation?

JA: Law firms are frequently criticised for a lack of transparency, in particular around promotions. I know from my own experience that this is a source of frustration for many lawyers. This is an issue that definitely needs to be addressed and is extremely

important in ensuring employees have confidence that their employer values them for the quality of their work and the skill set they bring to the role. Growing up, I was aware that one would progress if "your face fits". I hope today, that is no longer the case. Transparency around career development and promotion criteria is crucial to allow employees to make the most of their careers, and we as a firm will succeed by nurturing confident and thoughtful leaders who support and mentor employees through the process.

IFC: Which jurisdictions are leading the way in developing the policy of diversity and inclusion?

JA: Businesses in the UK have been at the forefront of change, in treating diversity and inclusion as a business imperative. The UK is a highly diverse country with a talent pool of people that is second to none. Law firms in particular have been incredibly focused on this issue and the progress we have made, over the last decade particularly, to improve our working environment has been impressive.

IFC: What specific challenges have you faced in your career and what have you learned in the process?

JA: I have faced both gender and racial prejudices in my career - sometimes quite openly. I am sure that I have been subjected to judgments made about myself and my career by those who had no real understanding of the challenges I faced. By way of example, when I first moved to offshore practice as a working parent, my single day working from home was often frowned upon as a "day off" and I was effectively told that I would miss out on work allocation if I was not physically in the office. I overlooked those prejudices at the time and the dent it made to my confidence, but it made me work harder and possibly made me more ambitious to succeed. What I have learnt from these experiences is that we need to be more outspoken, we need to raise issues, and we need to call people out when they act unfairly, whatever their level of seniority.

IFC: Is it now easier to be seen as a leader, regardless of background, and how would you say your background is reflected in your leadership style?

JA: This depends on the organisation. Many global firms are now voting in female leaders and/or those with ethnic backgrounds. From my perspective, this is very encouraging. I would say that my experiences have shaped my leadership style. My team works hard, understands what is expected of them but always feels respected and valued knowing they have my full support whenever they need it.

IFC: Is the legal sector better or worse than other sectors?

JA: Entry level statistics for the legal sector over the last 20 years or so have often been skewed in favour of gender and/or ethnicity but very few women and/or ethnic minorities tend to progress beyond associate or senior counsel level. The gruelling hours and lack of consideration for working parents, coupled with various other prejudices, mean that promotion prospects in certain practice areas (such as corporate or finance) are significantly reduced. A recent positive development is that as more women are gaining seniority within in-house roles, client demands are driving and providing more promotion opportunities for the diverse lawyers who support them.

IFC: Could legal firms be doing more to promote and practice diversity and inclusion?

JA: Definitely. Treating working parents or those with caring responsibilities equally is a fundamental challenge in terms of working hours, client access and promotion. There is no easy answer to this. Shared parental leave rights in some jurisdictions may help in some cases but take up of these benefits still remains low. Some women will rush back to work for fear that their career prospects will be jeopardised by taking their full maternity leave. We must ensure we create a working space where all lawyers and staff can grow to their full potential without the need to have to choose between family and work.

IFC: If you could pass on one important message to people facing diversity and inclusion challenges, what would that be?

JA: Voice your concerns. Don't let your struggles lead to ambivalence, or even worse, unhappiness in the workplace. Whilst there may be senior managers unwilling to listen or those that pass over your concerns, I have learnt that there are also many who are very keen to help and to ensure that you are not subject to unfair bias or prejudice. If you are struggling with an issue, it is likely that others are too and speaking to senior management in an informed and constructive manner will lead to positive change.