White pupil barristers more likely to secure tenancy directly after pupillage than Black counterparts, research reveals

‘Matter of concern’

White pupil barristers are more likely to secure tenancy on their first attempt compared to their Black counterparts, new research published by the Bar Standards Board (BSB) has found.

In an update to its 2021 Race at the Bar report, the regulator noted that between 2015-16 and 2019-20, just over half of Black pupils (52%) secured tenancy directly after pupillage, compared to 76% of white pupils.

By 2020-21 to 2023-24, the situation had improved slightly, with 67% of Black pupils and 82% of white pupils securing tenancy immediately after pupillage.

This means Black pupil barristers were the most likely to undertake a ‘third six’ (a probationary tenancy) and the most likely to initially join chambers as squatters –remaining at their training chambers without the prospect of securing tenancy.

The BSB referred to the gap as “a matter of concern that may well be improving”, but stressed that it “needs to be kept under review”.

Overall, the research found that ethnic minority students at the bar “appear to do well” in progressing from pupillage to tenancy, with approximately 93–94% of pupils doing so.

Elsewhere, the update highlighted a significant disparity in earnings among barristers of different ethnic backgrounds.

At the self-employed bar, for example, the median gross fee income is £155,666 for white barristers, compared to £112,866 for Asian barristers and £90,000 for Black barristers.

The update, which you can read in full here, is based on responses from 109 chambers and 34 other organisations.

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