Litigation trends: technology, diversity, and Brexit

The annual NLJ and LSLA Litigation Trends Survey, published this week, reveals that 83% of the Capital’s litigators believe more needs to be done to improve diversity and inclusion in the profession. One respondent said that BAME (Black and minority ethnic) lawyers were prevalent at the middle levels of the profession but talent ‘is not being progressed to the higher levels’ in the legal profession.

Respondents were asked what areas firms should focus on to boost diversity and inclusion. The top three areas given were: encouraging flexible working and job sharing (81%); promoting and supporting social mobility (77%); and focusing on workplace culture to create a place where every voice is welcomed, heard and respected (75%).

Julian Acratopulo, LSLA President and Clifford Chance partner, said: ‘I firmly believe that technology is absolutely key to this.

‘Diversity and technology go hand in hand, and need to be viewed as such.  Better digitisation opens up more opportunities for lawyers to work flexibly or remotely (as cases can be conducted online rather than in person).  This helps to break down the barriers that can dissuade people from joining or progressing in the profession.’

Brexit could boost profits: two-thirds predict an ‘inevitable’ post-Brexit spike in litigation affecting cross-border businesses. Only 28% expect a material flight of litigation work from London after Brexit.

More than a third (38%) perceived the litigation market as unchanged in the past two or three years, and 44% said it was growing.

Moreover, the cost of litigation in London is not a significant factor for clients, according to 58% of litigators. Multiple respondents said London remains favourable due to its reputation for high quality judges, judicial independence and procedural features.