GCD&I METRICS FRAMEWORK: FROM DATA TO DIALOGUE
Background
Our goal is to standardise metrics to help measure progress; drive accountability and provide a platform for the conversation between clients and law firms. We believe that data is a platform to start the discussion and to share challenges and solutions to achieve meaningful progress in driving greater DE&I across the legal profession.
For more background to the Metrics see the following Message from the Board and Taskforce.
New 2024: A proposed Social Mobility Metric has been added to the Framework Document and Excel Spreadsheet.
……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..
The Metrics are centred on five key questions. A template Excel Spreadsheet is also available to facilitate and standardize the return of data.
At the outset, Clients and law firms will need to align upon the scope of application and the definitions to be used by the law firm. The timetable for return of data and follow-up meetings to discuss the submissions should be scheduled well in advance with appropriate representation from both Signatories and law firms in attendance. The suggested follow up commitment together with a suggested list of questions for discussion are included later in this document.
Five key questions
- What percentage of Lawyers/Attorneys at the firm are Diverse, at each level or role?
- What percentage of Diverse Lawyers/Attorneys worked on [Client] matters at each level or role?
- What percentage of the hours billed for [Client] are billed by Diverse Lawyers/Attorneys?
- What percentage of non-billable / written-off hours were attributed to Diverse Lawyers/ Attorneys, at each level or role for (a) the whole firm and (b) the [Client]?
- What percentage of origination credit was attributed to Diverse Lawyers/Attorneys as a percentage of the total origination credit (a) for the whole firm and (b) on [Client] matters?
Additional Questions
As part of the above data collection exercise from your law firms you might also wish to ask some qualitative questions, for example:
- What are Relationship Partners doing to foster more D&I in teams assigned to client matters?
- Please describe two to three significant initiatives you are undertaking to create a more diverse and inclusive culture at your firm.
- How can we as clients help to support progressing D&I in your firm?
Supporting definitions
Acknowledging different approaches in gathering data, we recommend that definitions are agreed in advance in dialogue between Signatories and law firms. See Supporting Definitions and Tab 2 of the supporting Excel Spreadsheet includes suggested definitions (for the words highlighted in bold above).
Further guidance
The Taskforce has provided a suggested Template Excel Spreadsheet to facilitate the collection and return of data in a standardized way and recommend that data is returned in this format, and where appropriate, accompanied by brief guidance notes to help explain the data provided.
The five questions focus on four primary diversity characteristics (see Definitions (also Annex 1 below) and Tab 2 of the Excel Spreadsheet). As part of the dialogue with law firms you may choose to modify these diverse characteristics to accommodate specific jurisdictions or markets where, for example, it might be prohibited to collect information pertaining to any of these primary diverse characteristics under local laws.
Each law firm will have its own way to measure its D&I performance and may have observations on the five questions, for example: some law firms do not record origination credits, some treat equity and non-equity partners the same, and each law firm may have a different view on what it defines as management roles. It is therefore important to engage in discussions with each law firm early on to align expectations on the available data.
Understanding the challenges with data will be important in making the data made available the best it can be and while helping to avoid wasted effort or misaligned expectations. Specific elements which may need to be agreed in advance include:
- Geographic scope: whether you are requesting global data or data for their HQ or specific offices only
- Data privacy and labour laws: may limit the data that can be shared in some jurisdictions or the extent to which firms can “zoom-in” on specific matters
- Cultural and social norms and individual willingness to disclose personal data
- Wider D&I initiatives: the data is intended for use specifically in the client / law firm context.
If other data is available it could be used to drive efficiencies in the provision of responses and enrich dialogue.
Where quantitative data is limited, we strongly recommend you use the follow-up conversation as an opportunity to ask more qualitative questions aimed at understanding the law firm’s culture of inclusion or what they are doing to support greater representation of under-represented groups in their location.
You may wish to track the data to see how your law firms have improved over time but at this point this is a decision for each Signatory to make.
Follow up commitment
The value of the data is in how it enhances dialogue and collaboration as law firms and clients work together to achieve their D&I aspirations.
In this context it is important to be able to show what is happening to the data that has been provided.
It is strongly recommended that the Signatories commit to follow up with the law firms, including meeting with each law firm to discuss the data provided by that law firm. Law firms can use this meeting to explain the data and how it drives their D&I agenda.
Some helpful questions to support this dialogue might include:
- What diversity characteristics do you track and what are the strategic priority areas for improvement?
- How does this impact the firm’s D&I education and awareness programme or wider participation in initiatives in the D&I space?
- What are the under-represented groups working on specific client matters? How does this compare to the makeup of the firm, and what are the reasons for these differences?
- What are relationship partners doing to foster more D&I in teams assigned to client matters?*
- Are under-represented groups getting meaningful engagement on client matters?
- Are under-represented groups getting meaningful engagement with the client at a relationship level?
- What can the client do to support the firm to realise its D&I objectives?
- Are there examples of good and not so good behaviour from the client’s in-house team when it comes to supporting D&I at the firm?
- What are two significant initiatives the firm is undertaking in order to create a more diverse and inclusive culture at the firm?*
- What initiatives or measures are in place to incentivise the fee earners (other than those from under-represented groups) to participate and contribute to D&I initiatives?
Suggested timetable
- It is recommended that data should be returned by law firms annually (unless an alternative is agreed between law firm and client).
- Law firms have an annual business and reporting cycle and it is worth clarifying with each law firm individually the best time to seek this information from them on an annual basis.
- Where there is no specific preference it is suggested that:
- The calendar year is used as the reporting
- Data is provided in respect of the previous calendar year by the end of February in the following year.
- Where data is provided in February the follow up meeting takes place between March and the end of June.
*These questions are also included as a suggested qualitative metrics question that may be asked as part of the data collection exercise.
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
ANNEX 1: SUPPORTING DEFINITIONS
Acknowledging different approaches in gathering data, we recommend that definitions are agreed in advance in dialogue between Signatories and law firms.
Proposed Categories
It is suggested that the data will be requested in the first instance in respect of the following categories:
- Gender
- LGBTQ+
- Ethnicity
- Disability
- Social Mobility
We recognise that definitions of diverse characteristics vary. Below are some suggested definitions that may be helpful for reference, but we suggest that you invite your law firms to share the data based on their own internal definitions of each category requested (agreed in advance) and provide any context around this as is helpful.
Gender: Male, Female; Prefer to Self-Describe or undisclosed.
LGBTQ+: an acronym for lesbian, gay, bisexual, transgender and queer or questioning. These terms are used to describe a person’s sexual orientation or gender identity.
Racial/Ethnic Minority: a reference to a particular ethnic group, i.e. a group of people with a shared culture, tradition, language, history, etc. which differs from the majority ethnic group in the country in which they live.
Disability is a term to include persons who have or have had an impairment, activity limitation or participation restriction, including physical, mental, intellectual or sensory, which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
Social Mobility: Socio-economic background (SEB): is a set of social and economic circumstances from which a person has come. This is determined based on what was the occupation of a person’s main household earner when the person was aged 14 and categorised as follows:
| Professional: | 1. modern and traditional professional (e.g. eg teacher, nurse, physiotherapist, social worker, musician, police officer (sergeant or above, software designer, accountant, solicitor, medical practitioner, scientist, civil or mechanical engineer) | |||||
| 2. senior, middle or junior managers or administrators (e.g. eg finance manager, chief executive, large business owner, office manager, retail manager, bank manager, restaurant manager, warehouse manager) | ||||||
| Intermediate: | 3. clerical and intermediate (e.g secretary, personal assistant, call centre agent, clerical worker, nursery nurse) | |||||
| 4. small business owners who employed less than 25 people (e.g. corner shop owners, small plumbing companies, retail shop owner, single restaurant or cafe owner, taxi owner, garage owner) | ||||||
| Lower: | 5. technical and craft (e.g. motor mechanic, plumber, printer, electrician, gardener, train driver) | |||||
| 6. routine, semi-routine manual and service (e.g. postal worker, machine operative, security guard, caretaker, farm worker, catering assistant, sales assistant, HGV driver, cleaner, porter, packer, labourer, waiter or waitress, bar staff) | ||||||
| 7. long-term unemployed (e.g. claimed unemployment benefit for more than a year) | ||||||
Each level or role
The suggested categories are:
- Trainees
- Associate;
- Senior Associate
- Counsel
- Non-Equity Partner;
- Equity Partner
- Managing relationship roles for client accounts.
Non-billable/written off hours
Time spent on client investment, Pro Bono work, internal firm investment and non-client administration.
Origination credit
The Partner or lawyer who is credited with being the main point of introduction to the client; not all firms use this as a concept and the definition and approach that the firm takes to capturing this type of information will need to be agreed in advance.
Published on 6 Dec 24