Diversity & Inclusion in Tax and Private Wealth: an interview with Morag Ofili of Harbottle & Lewis

Srishti Krishnakumar of the Chambers High Net Worth team asks Morag Ofili of Harbottle & Lewis about the role and impact of diversity and inclusion across the High Net worth legal sector.

That is a really good question. When you focus on the diversity element in firms, you have to look at having a wide mix of individuals within the organisation. But we don’t spend enough time focusing on inclusion. In law schools, for instance, there is diversity in the junior end of the broader legal market. But then something happens 6yrs PQE+ where it is no longer representative.

So we need to examine why law firms are not spaces where people from different backgrounds can complete their legal journey in the same way that their colleagues can. I emphasise ‘psychological safety’ within the workplace- this is really about recognising that ideas come from anywhere and they all equally add value to an organisation. 

It is important to remember that law is a referral profession. To thrive in such a line of work, it is hard to generate the type of practices that we deem successful without a network. This network can be made up of people that you went to law school with, identity-specific communities of lawyers -- like for women in tax or fraud and so forth. The benefit of being part of a community is effectively to share within a community of like-minded people.

We are never really going to get away from gravitating towards and finding connections with similar people, it is hardwired into us. So if you are set within a system which does have systemic inequalities, being part of communities that allow you to participate and succeed in them is crucial. This is not just from the work point of view but also encompasses the personal aspects of having people around you who have familiar backgrounds and experiences. 

Intersectionality is tricky for both individuals and organisations. We need to start championing the individual and getting away from harmful stereotypes and perspectives. We have to start allowing people to be individuals rather than representatives of particular groups. We should not be afraid to be ourselves, and there is a real privilege in not having to represent your group all the time.

I should not be worried about speaking my mind in a room for fear I will be labelled ‘the angry black woman.’ Once we get to that point of focusing on individuals for what they do more than where they come from, we have a slightly less forced harmony between diversity and inclusion in the workplace.  

Ultimately it is about business; so when you think about the world that we live in and the opportunities there are, we have to keep this in mind. And if you don’t have the information or insight to speak to a specific group, then you are losing out on opportunities.

The world has been going through some seismic changes over the last few years- the where, how, and even what we want to work on has shifted drastically. If you are somebody that, by way of background, is not as well-versed on certain issues as others within an organisation, we focus on how this just creates an opportunity for someone else. We focus on combining the breadth of experiences within a firm to really harness opportunities available.

For e.g. – in launching a tech product specifically, you would want someone with an interest and strong background in technology. So we need to ask, how do we bring together different perspectives to provide clients holistic opinions? The legal profession is ultimately about risk mitigation, so for me, the benefit of D&I in a team is that they can genuinely collaborate and progress. We are creating situations where we are able to identify more risks as well as opportunities.

My approach to consulting is just being a critical friend, by applying my legal training to these organisations. When you are too close to something, it is hard to properly view it from all angles. We allow for looking at things from a different perspective and look at things they may miss.

You have to ask the right questions to get the right answers- a key question is that while there is loads of diversity at intake level, what about promotions? With consulting, you can bring a qualified person with lived experiences to ask the tough questions, someone who is able to support you in identifying those issues and truly grow your business.

We get very uncomfortable talking about D&I, but I put it in the same category as money, in the discomfort that we feel in approaching it. But really this is a good conversation to be had. We can identify various financial, psychological, and social benefits to this. Organisations have to ask whether their conversations are really to move the dial. It is a consistent commitment to a different approach, which can be uncomfortable. But it is about recognising the future value of going through this process.

The future is not going to look like the present at all, and there will be lots of different faces. So you have to get out of your comfort zone to be a leader that can withstand such changes. We just make them comfortable with the uncomfortable. We look at the current state of play before defining something as good or great. 

Perception of issues at the top of an organisation is very different from the bottom. When you get information from all demographics within a business, you can measure and capture data to track success for everyone. It does not always mean just being on the up, but adjusting to changes and staying the course in some periods.

Without data, we just have mindless information and people usually lose track and are unable to keep steam in D&I measures. So the KPIs for strategies have to be identified and then used to build strategies and initiatives firm-wide.  

In the tax law market, gender representation is improving, but we do need to go further in terms of ethnicity. If we are talking about tax broadly, I don’t think there are particular outliers compared to other industries or professions. But if you look at senior professionals across most services, you do see the disparity.

It is a professional services problem, not just in tax. Some areas like family and criminal law may have more women. But in broad corporate practices, I don’t think there is anything that is shocking or different in tax. There is an industry issue.

Law firms are corporate structures, with HR departments and much more infrastructure around policy and procedure. The whole purpose of barristers’ chambers is to work more independently. So there is a real difference in how they approach it- how do you approach D&I when your practice is so independent and autonomous? That level of difference affects how they can promote and shape such policies.

Firms demand a level of unanimity and compliance, which chambers cannot do as easily. But in terms of conversations, barristers really are talking about it. The bar is not a viable option for many due to various reasons like elitism (which is a PR problem really) and other factors like finances. So they do need to take the time to make themselves more attractive to a broader set of people, just to keep that practice and profession alive.

Some chambers are doing really good things around it – be it in their process of looking at candidates, various programmes like 10,000 Black Interns, etc. We really are seeing loads of people getting involved. 

If we start to focus on individuals again, as I spoke about before, that would be a good way to go. You have to ask where the diversity really sits amidst the team. A lot of diversity in firms relies on it at the junior level, but the focus must be to really recognise industry leaders and sponsor diverse talent.

We have to ask whether we have enough people with power and influence who are referring people who may struggle to get the same work because of their background. If this affected firms’ rankings, they might be more likely to engage in it. How do we make it matter by encouraging firms to fold these things into the day-to-day of their practice, and not just from people of minoritised communities? They must focus on the ‘how’ and ‘what’ of implementation, rather than just the prospect of doing something.

ESG for corporations is less people-focused, but combined with D&I it can be very good. We need to think of what we define as good, and what as great. Legal skills are one thing, but with the coming of technologies and complex programs which can vastly simplify tasks, things are different. Clients are now buying your learned skills and focusing on how disruptive and innovative these can be for their business.